| A National Anti-Fraud And Anti-Corruption Strategy |
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| Written by Nosa Olotu | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Wednesday, 13 June 2007 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Corruption by those entrusted to run the country was the major reason put forward by Nigerians for not willing to pay more tax. This was in response to my recent article, Nigerians Need To Pay More Tax", in which I highlight the contradiction between not willing to pay more tax and demanding infrastructure and essential public services. Government on its part has initiated a movement towards fighting corruption by setting up the EFCC. Some Nigerians have claimed that the EFCC was set up and is being used to fight and discredit government opponents. Others are of the view that EFCC is a fire fighting approach to fraud and corruption and that what is required is an effective anti-fraud and anti-corruption strategy, which: 1. Has policy and procedures that encourages prevention (i.e. a number of comprehensive and inter-related procedures that are dynamic and designed to frustrate any attempted fraudulent or corrupt act). 2. Promotes detection through the required audit trail presented by (1) above. 3. Identifies a clear pathway for investigation of suspected fraud and/or corruption. 4. Has no distinction made in investigation and action between cases that generate financial gains and those that do not (Note: corruption may not necessarily involve a financial benefit). The strategy must be clearly understood by everyone both in government (politicians, civil servants and anyone who is paid with taxpayers money) and outside (the public, clients or contractors). What Nigerians expect on propriety and accountability is that all in government at all levels will lead by example in ensuring adherence to legal requirements, rules, procedures and practices. Equally all individuals and organisations (including suppliers and contractors) with whom the government deals will be required (inserted as a paragraph in their contract) to act with integrity and without thought or actions involving fraud and corruption. In addition, the strategy should recognise and allow for a high degree of external scrutiny of government affairs by bodies such as: 1. Internal and External Audit 2. Parliamentary committee 3. EFCC (requires more powers to carry out value for money audit) 4. The Press 5. Voluntary Non-governmental bodies 6. The general public A fertile environment for fraud and corruption is one where the government encourages secrecy. Government should pursue a policy that put its citizens first through strict adherence to a culture of openness with the core values of trust, fairness and value embedded within it. Everyone connected with the government (i.e. political office holders, employees and contractors) should be encouraged to play an important role in maintaining a culture of openness and to raise any concerns (i.e. Speaking-Out Policy) they may have on any aspect of government activities. Government needs to enact a suitable legislation (e.g. Public Interest Disclosure Act) that offers protection to those who speak out. People who have concerns can either report these to appointed senior management responsible for probity, the Police or EFCC. Nigeria requires an anti-fraud and anti-corruption law that is fairly draconian but provides appropriate protection for the suspects. All elected politicians and all employees should be given a handbook that details the anti-fraud and anti-corruption law, policy and guidance that place a statutory duty on them to act only in the public interest, uphold the law and do whatever they can to ensure that public funds are used in accordance with the law. The declaring of interest is part of this policy and a breach should amount to a criminal offence. The law should prohibit the acceptance of fees or rewards that are not within the normal remuneration and clearly states that failure to disclose an interest or the acceptance of an inappropriate reward will result in criminal liability. The law should make the date of conviction to be the date the person committed the offence or became aware but did not report it; whichever is the earliest. The penalty must be a jail sentence and forfeiture of all assets. It should be made the responsibility of managers at all levels to communicate and implement the anti-fraud and anti-corruption strategy in their work area. Managers at all levels are also responsible for ensuring that employees in their department, ministry, division, branch or units, are aware of the arrangements to secure effective corporate governance. All managers should endeavour to satisfy themselves that the strategy requirements are being met in their everyday business activities. This may require creating a different or modifying the existing corporate environment such that employees feel able to approach their managers with any concerns that they may have about suspected irregularities. In addition, it should be a requirement that all managers and contractors comply with their professional bodies rules of conduct and ethics in the discharge of their duties. One important factor to remember is that the key measure in the prevention of fraud and corruption is for the government to take effective steps at the employees and contractors recruitment stage to seek references to establish, as far as possible, the propriety and integrity of potential employees and contractors. This will require laid down procedures for seeking references that must be adhered to in employees and contractors appointments. EFCC needs to maintain a database that can be assessed by all government ministries and corporation, containing details of individuals and contractors found guilty of fraud and/or corruption. Significant investment of resources needs to be put into promoting deterrence. The federal ministry of information and the press need to optimise the publicity opportunities associated with anti-fraud and anti-corruption activity within government. These will include media coverage of ongoing prosecutions, suspected fraud and any actions taken. Government and the general public should encourage investigative journalism. This can include the honouring through national awards of investigative journalists who have excelled themselves in the discharge of their journalistic responsibilities. The initial fraud and corruption situation assessment, in most cases, should be the responsibility of management. Often suspicion arises when there appears to be a breach of the internal control system. Although an adequate internal control system is required in any fraud and corruption strategy, it is the employees and the general public alertness to the indicators that enables detection to occur. Anti-fraud and anti-corruption strategy should: 1. Treat all fraud and corruption information consistently; 2. Enables a proper and thorough investigation in accordance with the legal requirements; 3. Ensures the proper implementation of an action plan after the investigation is complete; and 4. Ensures the optimum protection of governments interests. The continuing success of any Anti-Fraud and Anti-Corruption Strategy and its general credibility, will depend largely on the effectiveness of programmed training and the responsiveness of employees throughout government ministries. Politicians, political office holders and employees induction and training should re-enforce and highlight their duties and responsibilities under the law. If you devote your time and life to fighting corruption you would have laid a solid foundation for the future generation. People never forget those who give their lives to serve.
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| Last Updated ( Thursday, 24 April 2008 ) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Posted by Robot| 14.06.2007 06:56