OUR PUBLICATIONS

Campaign for Accountable Governance through Elections (CAGE) Secretariat: WARDC 17/19, Allen Avenue, Oshopey Plaza, Ikeja, Lagos, Nigeria. Tel: Tel: 234-1-4977101, 2341 7915198, E mail: cage.nigeria@yahoo.com

Hon. Justice Emmanuel Olayinka Ayoola
Chairman
Independent Corrupt Practices and Other Related Offences Commission (ICPC)
Plot 802 Constitution Avenue
Central District,
Abuja
7 November 2006

Dear Sir

Re: Request to investigate allegations of corruption in the Petroleum
Technology Development Fund (PTDF)




Campaign for Accountable Governance through Elections (CAGE) is writing to request you to urgently begin a thorough and efficient investigation into allegations that $500million meant for the Petroleum Technology Development Fund (PTDF) have ‘disappeared,’ and cannot be traced.

Presidential and parliamentary candidates for the 2007 elections have so far failed to come up with coherent and clear plans for how they intend to increase the promotion and protection of human rights, accountability and the rule of law. But the candidates need to say to the electorates “here is what we are going to do to protect and promote human rights, accountability and the rule of law”.

CAGE is a coalition of civil society organizations established early 2006 to promote and advocate for human rights and transparency-driven elections in Nigeria. CAGE seeks to promote human rights reforms through and in – the electoral and related processes. It aims to engage, encourage and motivate the citizens to use their voting rights to demand human rights reforms and accountability from political parties, candidates standing for elections, and current and any future governments. CAGE is committed to monitoring human rights promises and commitments, in addition to those related to transparency and accountability made before, during and after elections. CAGE has identified essential features of transparency and accountability to include issues such as free and fair elections, access to information, and the rule of law. The coalition aims to contribute to greater democracy, improved governance and sound economic policies.

CAGE is further concerned that the above allegations are grave breaches of the Corrupt Practices and Other Related Act of 2000; and the UN Convention against Corruption (UNAC) which Nigeria recently ratified. Specifically, Sections 9, 10, 17 and 22 of the Corrupt Practices Act would appear to have been violated in the above mentioned case. Section 9 prohibits corrupt offers to public officers; Section 10 prohibits corrupt demand by any persons; Section 17 prohibits gratification by and through agents; while Section 22 prohibits bribery for ‘giving assistance in regards to contracts.’ The UN Convention against Corruption contains similar prohibitions, and imposes clear obligations on Nigeria to investigate allegations of corruption such as the present one; prosecute suspected perpetrators and ensure return and repatriation of proceeds of corruption.

The above allegations undoubtedly pose one of the gravest threats to the forthcoming elections and other democratic processes towards 2007. Controlling the influence of money in the 2007 elections requires among others, a thorough investigation of allegations such as the present one, and the prosecution of suspected perpetrators. Indeed, this will be entirely consistent with your Commission’s recent declaration and commitment to stop corrupt public officials or politicians from holding offices in 2007.

The above allegations undoubtedly pose one of the gravest threats to the forthcoming elections and other democratic processes towards 2007. Controlling the influence of money in the 2007 elections requires among others, a thorough investigation of allegations such as the present one, and the prosecution of suspected perpetrators. Indeed, this will be entirely consistent with your Commission’s recent declaration and commitment to stop corrupt public officials or politicians from holding offices in 2007.

The Commission will need to act urgently to establish the truth concerning the allegations above if the money allegedly stolen from the PTDF is not to find its way into the political process, thus undermining the Commission’s ability to achieve its objectives. CAGE is seriously concerned that corrupt politicians may be using stolen money to perpetrate political violence in the country; while continuing violence in the context of the 2007 elections may undermine voters’ interest, trust and confidence in the electoral process. If left unchecked, this situation may undermine the credibility of the electoral process and endanger the current democratic dispensation.

Addressing the allegations above would ultimately help to achieve a corruption-free electoral process ahead of 2007, and contribute to the restoration of transparency, accountability, good governance and the rule of law in the next democratic dispensation.

CAGE strongly urges your Commission to work closely together with the Economic and Financial Crimes Commission (EFCC) to: • Immediately begin a thorough and efficient investigation into the allegations of corruption in the PTDF mentioned above and other unreported acts of corruption that may have occurred in the accounts of the PTDF
• Make public the findings of your investigation
• Bring to justice anyone suspected to be responsible for acts of corruption highlighted above, as well as other acts of corruption that may be occurring within the PTDF
• Collaborate with the National Electoral Commission to ensure that those who are suspected to be responsible for acts of corruption highlighted above, as well as other acts of corruption that may be occurring within the PTDF are excluded from the 2007 electoral process.

CAGE believes that the intervention of the Commission in cases like the one highlighted above would lend momentum to the anti-corruption fight in Nigeria; and contribute to ensuring that the 2007 elections are conducted on the basis of international standards relating to transparency, accountability and fairness.



Thank you.


Yours sincerely,


ABIOLA AKIYODE-AFOLABI
NATIONAL COODINATOR
STEERING COMMITTEE


ADETOKUNBO MUMUNI
NATIONAL SECRETARY
STEERING COMMITTEE