The Socio-Economic Rights and Accountability Project (SERAP) today urged the National Assembly to support the prompt ratification of the African Union Convention on Preventing and Combating Corruption (AU Anti-Corruption Convention). Following the deposit of 15th instrument of ratification by Algeria on 6th July 2006, the AU Anti-Corruption Convention entered into force on 5th August 2006. Article 23 of the AU Anti-Corruption Convention provides that the Convention shall enter into force 30 days after the deposit of the 15th instrument of ratification.

However, although Nigeria signed the Convention on 16th of December 2003, it has failed and/or refused to ratify the pan African anti-corruption treaty, casting doubts on Nigeria’s expressed commitment to tackle the problem of corruption, which the UN reported has depleted the national treasury by an estimated $100 billion in funds, being money looted from Nigeria and stashed in foreign banks. SERAP has consistently expressed concern that incidents of high level corruption in Nigeria have deepened poverty in the country, and contributed to the systematic violations of internationally recognized social and economic rights of the citizens. SERAP remains deeply concerned that systemic corruption is posing a serious threat not only to basic economic and social rights but also to the political and democratic processes in Nigeria.

There are several reasons why Nigeria urgently needs to ratify the Convention. The Anti-Corruption Convention brings striking novelties to international efforts against corruption, by specifically linking corruption and human rights, and represents a significant step in the efforts to develop international standards to counteract the systemic corruption across Africa. The Convention imposes obligations on African countries to take a leadership role in the international fight against corruption in the public and private spheres.

The Convention imposes considerably detailed obligations on states parties to take action to identify stolen money and to facilitate their returns. The Convention also establishes an Advisory Board on Corruption within the AU to among others promote and encourage the adoption and application of anti-corruption measures in the continent, and to advise governments on how to deal with corruption in their domestic jurisdictions.

Ratifying the Convention would ensure that the Board has jurisdiction to deal with the problem of corruption in Nigeria, and give Nigeria an important role as a state party since it would then be able to participate in the Convention oversight body, and to nominate candidates to the Board.

The ratification of the Convention by Nigeria would also provide the framework to comprehensively reform the country’s substantive municipal laws in order to remove impunity for perpetrators of acts of corruption. By imposing obligations on governments to tackle bank secrecy, the Convention would reduce the attractiveness of jurisdictions that often serve as a destination point for stolen funds.

In addition, it could serve as a tool to bring criminal complaints against those suspected to have been involved in acts of corruption, no matter where the offence is committed. It could also make offshore jurisdictions to be more accountable, in terms of co-operating with requests for mutual legal assistance and to limit bank secrecy in criminal cases.

Given its Constitutional role and responsibility, SERAP is calling on the National Assembly to:

•Endorse and support the ratification of the African Union Convention on Preventing and Combating Corruption

•Ensure Nigeria’s ratification of the AU Anti-Corruption Convention as soon as possible

•After ratification, ensure review of national anti-corruption laws to bring them in line with international standards.

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