Corruption Risks in Nigeria’S Defence and Security Establishments: An Assessment

By Jude Uddoh Ph.D.

This work attempts to assess corruption risks in five key areas of Nigerias defence and security establishments, namely political, financial, personnel, operations, and procurement. Using a simple and straightforward question-and-answer format, the assessment draws from interviews with key players in the industry as well as from secondary sources. The scope of the work includes the last few years of President Goodluck Jonathans administration and the threshold of the administration of President Muhammadu Buharia truly epochal period in the history of Nigerias fight against corruption, but also reflects policy gaps inherent in the transition in government. The work contributes to an area of literature which is both scanty and characterized by much secrecy. It is hoped therefore that this contribution will not only stimulate more frank and open discussion on the subject of corruption risks in Nigerias defence and security sector, but would also act as both a template and benchmark on which policy makers can embark on genuine and meaningful reforms.

• Language: English
• Publisher: AuthorHouse
• Release date: Feb 5, 2016
• ISBN: 9781504976633

Jude Uddoh Ph.D.

Dr. Jude Uddoh was called to the Nigerian bar in December 1992 after finishing from the Nigerian Law School Lagos, and having earned his first degree in law. He also holds postgraduate qualifications in International Relations including a Doctorate degree from the University of Port Harcourt, and a Certificate of Professional Achievement in Critical Issues in International Relations from Columbia University in the City of New York. Dr. Uddoh has conducted research in the areas of development, human rights, good governance, and counterterrorism. Dr. Jude Uddoh has over fifteen years’ experience as a Legal Practitioner in Nigeria. He has also worked as a consultant for Transparency International UK Defence and Security Programme, and has served in the Reading Committee for President Barack Obama’s Young African Leaders Initiative. Dr. Uddoh is currently an international affairs consultant. He lives in New York with his wife and three children.

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© 2016 Jude Uddoh, Ph.D.. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

Published by AuthorHouse 01/29/2016

ISBN: 978-1-5049-7662-6 (sc)

ISBN: 978-1-5049-7663-3 (e)

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CONTENTS

Dedication

Preface

Acronyms

Chapter 1 Political Corruption Risks

Chapter 2 Financial Corruption Risks

Chapter 3 Personnel Corruption Risks

Chapter 4 Operational Corruption Risks

Chapter 5 Procurement Corruption Risks

Epilogue

About The Author

DEDICATION

To my wife Cynthia, and our three children – Esther, Patrick and Jude Jr.

PREFACE

In June 2014, Transparency International UK International Defence and Security Programme (TI-DSP) offered me the position of Country Assessor for Nigeria with respect to their Government Defence Anti-Corruption Index (GDI) 2015. I accepted the position, having previously worked for a Ministry of Defence contractor in Nigeria for over 12 years and having previously written my dissertation on Corruption and Nigerian Foreign Policy 1999 – 2007 (Authorhouse: 2015). Working with Transparency International – the foremost global anticorruption civil society organization therefore presented an opportunity to broaden as well as deepen my knowledge and research experience in the area of corruption, particularly in Nigeria’s defence and security sector.

The 2015 assessment is a follow-up of the maiden GDI 2013 Index, covering the last few years of the administration of President Goodluck Jonathan and including the threshold of President Muhammadu Buhari’s administration. The scope of assessment therefore represents an epochal period in the history of Nigeria’s fight against corruption, but also reflects policy gaps inherent in the transition of government.

The position of country assessor entailed assessment of a questionnaire of about 77 questions in which each question is scored within a given range and according to provided criteria. A narrative justification is required to be made for each score and the sources relied on in reaching the score are also expected to be provided. I relied on interviews with key players in Nigeria’s defence and security sectors including lecturers in military institutions, officers of the Nigerian Armed Forces, defence officials, legislators and procurement specialists. There is a dearth of recent publications in this area of study resulting from the secretive nature of corruption activities, as well as a culture of secrecy in the military.

Some secondary sources of information that I found useful in this work include Defence Policy of Nigeria: Capability and Context (Authorhouse: 2011) co-edited by Celestine Oyom Bassey and Charles Quarker Dokubor. The book is a collection of essays written by academics and practitioners in Nigeria’s military circles. John Olushola Magbadelo (Sage: 2012) captured some of the contemporary developments in Nigeria’s defence sector, in his article Defence Transformation in Nigeria: A Critical Issue for National Security Concerns. The Stockholm International Peace Research Institute (SIPRI), and the series HIS Janes’s also provide important resources on issues of international security and good governance.

The chapters of this work are structured along the five key corruption risk areas – political, financial, personnel, operational and procurement, and the sub-risks attached to them respectively. A discussion of the methodology adopted by Transparency International UK in their assessment of the GDI has been undertaken by Oliver Cover and Saad Mustapha (2014) Identifying Corruption Risks in the Defence and Security Sector: Empirical Evidence using the Government Defence Anticorruption Index, published in The Economics of Peace and Security Journal (Vol. 9, No. 2. 2014).

A draft assessment of in-depth research into the Nigerian defence and security establishments and corruption risks associated with them was submitted in September 2014. The initial assessment was subjected to a round of quality reviews and related questions. Further response was elicited to comments and challenges on the research by expert peer reviewers and quality reviewers in August 2015. The Nigerian assessment is presented here with some modifications in a simple question and answer format.

I am grateful to Transparency International UK Defence and Security Programme for availing me the opportunity of playing a leading role in the Nigerian assessment. My gratitude goes to all the reviewers as well as the Nigerian Chapter of Transparency International who collaborated with me on this project. The insights provided by my interviewees whose names I cannot mention here for confidentiality reasons reveal many areas of agreements, disagreements as well as lacunae. The staff of Bernard Library of Columbia University and Grinton I. Will library Yonkers, New York were most generous with their facilities. While acknowledging with gratitude the numerous contributors to our work, I accept sole responsibility for all errors, mistakes and omissions.

To God be the glory!

Jude Uddoh, Ph.D.

New York

January 2016

ACRONYMS

ACAs – Anticorruption Agencies

AFA – Armed Forces Act

AFTC – Armed Forces Transformation Committee

ATT – Arms Trade Treaty

BMPIU – Budget Monitoring and Price Intelligence Unit

BOI – Board of Enquiry

BPI – Bribe Payers Index

BPP – Bureau of Public Procurement

CAS – Chief of Air Staff

CBN – Central Bank of Nigeria

CCB – Code of Conduct Bureau

CCT – Code of Conduct Tribunal

CDS – Chief of Defence Staff

CFRN – Constitution of the Federal Republic of Nigeria

CIPSMN – Chattered Institute of Purchasing and Supply Management

CNS – Chief of the Naval Staff

COAS – Chief of Army Staff

CONAFSS – Consolidated Armed Forces Salary Structure

CPI – Corruption Perception Index

CSNAC – Civil Society Network against Corruption

CSOs – Civil Society Organizations

DFA – Department of Finance and Accounts

DHQ – Defence Headquarters

DIA – Defence Intelligence Agency

DICON – Defence Industries Corporation of Nigeria

DSS – Department of State Security

EFCC – Economic and Financial Crimes Commission

FGN – Federal Government of Nigeria

FOIA – Freedom of Information Act

GOCA – Global Offset and Countertrade Association

HRW - Human Rights Watch

IACA – International Anti-Corruption Academy

ICPC – Independent Corrupt Practices and other related Offences Commission

IPPIS – Integrated Personnel and Payroll Information System

JTF – Joint Military Task Force

MDAs – Ministries, Departments and Agencies

MLA – Mutual Legal Assistance

MOD – Ministry of Defence

MPRI – Military Professional Resources Incorporated

NA – Nigerian Army

NAF – Nigerian Air Force

NASS – National Assembly

NCPP – National Council on Public Procurement

NDC – National Defence Council

NEITI – Nigerian Extractive Industries Transparency Initiative

NIA – National Intelligence Agency

NMSJOD – National Military Strategy and Joint Operational Doctrine

NN – Nigerian Navy

NND – Nigerian Naval Dockyard

NNDP – Nigerian National Defence Policy

NNPC – Nigerian National Petroleum Cooperation

NOA – National Orientation Agency

NPC – National Planning Commission

NSA – National Security Adviser

NSAA – National Security Agencies Act

OAcGF – Office of the Accountant General of the Federation

OACU – Overseas Anti-Corruption Unit

OAuGF – Office of the Auditor General of the Federation

OHSF – Office of the Head of Service of the Federation

PAC – Public Accounts Committee

PIB – Petroleum Industry Bill

PMCs – Private Military Contractors

PPA – Public Procurement Act

PPDC – Public and Private Development Center

PSO – Peace Support Operations

RDPT – Resident Due Process Team

SSS – State Security Services

TI-DSP – Transparency International Defence and Security Programme

UNCAC – United Nations Convention against Corruption

UNODC – United Nations Office on Drugs and Crime

ZCC – Zero Corruption Coalition

CHAPTER ONE

POLITICAL CORRUPTION RISKS

1.1 Legislative Scrutiny of Defence Policy

Question: Is there formal provision for effective and independent legislative scrutiny of defence policy?

Answer: The National Assembly has constitutional power and legislative control over public funds, and in the exercise of its oversight function may investigate the conduct of affairs of any person, authority, ministry or government department (Section 88 CFRN). Defence is included in the matters over which the National Assembly has exclusive authority to legislate upon (Second Schedule Legislative Powers Part 1 - Exclusive List. Section 88 CFRN). However, the current Nigerian National Defence Policy 2006 was not debated in the National Assembly, and its content is not made public, largely on grounds of national security.

Reacting to the instant question, a legislator interviewed states that under Section 88 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the National Assembly is given the power of oversight by way of investigating the conduct of affairs of any person, authority, ministry or government departments. This may involve legislative scrutiny of defense policy as it effects the nation and citizenry.

Even though the powers of Parliament are clearly spelled out in the Constitution, those powers are not always followed in practice when it comes to defence and security matters, purportedly on grounds of national security. According to BBC News of 23 September 2014, in September 2014, an attempt to probe a $9.3 million alleged arms purchase from South Africa was blocked in the lower house of the Nigerian Parliament on grounds of national security, leading to a walkout by 50 members of the opposition party.

The Nigerian Constitution does not specifically confer veto powers on the Legislature with respect to defence policy. Rather Part E of Chapter V of the Constitution contains the Legislature’s Powers and Control over Public Funds, and Section 88 specifically outlines its Power to conduct investigation, including on any matter or thing with respect to which it has power to make laws… In practice, the grounds of national security has been evoked to evade or water down legislative scrutiny over some issues pertaining to national defence (Nyager: 2015, Yaroms: 2011). Other hindrances to the proper exercise of legislative powers over defence policy include lack of expertise and access to information on the part of the parliamentarians (Dokubo: 2011: 70).

The powers of the National Assembly over defence policy are clearly stated in the Constitution, and it exercises those powers through the relevant armed forces committees even though it is not specifically vested with veto powers. Yarom (2011: 137) maintains that …the National Assembly (NASS) has been given enormous power of legislative oversight over the Ministry of Defence and the armed forces in the area of defence policy formulation and implementation.

In terms of the extent to which the powers of the National Assembly include matters relating to defence, the following items are included in the Exclusive Legislative List under the Second Schedule Legislative Powers Part 1 of the Constitution:

- Arms, ammunition and explosives

- Defence

- Military (Army, Navy and Air Force) including any other branch of the armed forces of the federation

- Police and other government security services established by law

President Goodluck Jonathan inaugurated a Committee on the Review of Nigeria’s National Defence Policy on November 20, 2014 and this was hailed as long overdue, considering the evolving security challenges facing the country including terrorism (Uzoma: 2015).

However, there is nothing in the public domain indicating completion of the assignment, parliamentary debate, or adoption of such policy approaching the termination of President Jonathan’s term in office in May 2015. Nigeria’s newly elected President - Muhammadu Buhari, announced relocation of the military command and control from Abuja Federal Capital to Maiduguri in Bornu State for effective anti-terrorism engagement during his inaugural speech on May 29, 2015 (THISDAY: 2015).

In addition to relocating the military command and control from Abuja the Federal Capital Territory to Maiduguri in Bornu State to more effectively counter the threat of Boko Haram as noted above, the new administration of President Muhammadu Buhari has also appointed new Service Chiefs and a National Security Adviser after relieving their predecessors. The new Service Chiefs are to hold their appointments in an acting capacity, pending their confirmation by the Senate (Usman: 2015).

1.2 Parliamentary Defence Committee

Question: Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organization) to exercise oversight?

Answer: The National Assembly has committees on Defence, Army, Navy and Air Force in both the Senate and House of Representatives. In practice, parliamentary oversight of the military budgetary process is weak. Reasons for this include relative inexperience, lack of expertise and access to information, and frequent changes in the parliamentary committees’ membership (Dokubo: 2011). Public hearings are few and far between, and the credibility of members of the National Assembly is also in question (Omitogun and Oduntan: 2006: 175).

An anonymous member of Parliament stated during interview that, "there are