PARTNERSHIP TO COMBAT CORRUPTION

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By Terence McCulley 

On April 17, 2012, former governor of Delta State in south-south Nigeria, James Ibori, was sentenced to 13 years by Southwark Crown Court, UK, for money laundering and conspiracy to defraud

When 140 countries convened on December 9, 2003, to sign the United Nations Convention Against Corruption (UNCAC), this event underscored international abhorrence of the detrimental effects of corruption and global recognition that governments can only combat and prevent corruption through cooperative efforts.

Since then, more nations joined the convention so that today, 164 signatory countries make it one of the United Nations’ most highly subscribed treaties, creating a global mandate to combat corruption and the harm it brings to society.

One of the great strengths of the convention is recognition that corruption involves a two-way street; while it is important to address the bribe payers who attempt to do business through dishonest means, it is equally important to hold accountable the bribe takers, who use their official positions for personal enrichment instead of the public good. The convention also includes stipulations on “kleptocrats,” who line their pockets and steal from their nations’ treasuries and their own people, preventing the provision of necessary public services, including medicines and health care for the sick and elderly, education for children, and nourishment and housing for families. Such activities weaken affected countries and their potential for economic growth.

No country remains immune from corruption. To lessen the effects of corruption on a country’s economy and security, authorities must enforce anti-corruption laws, so those engaging in corrupt acts understand they cannot do so with impunity. The United States takes criminal enforcement of anti-corruption laws very seriously. In 2011, the U.S. Department of Justice prosecuted and won convictions against 1,107 public officials from all levels of government for engaging in acts of corruption, such as soliciting and/or accepting bribes, embezzling public funds, or trading in influence.

Similarly, the U.S. became the first country to prohibit its nationals from paying bribes to foreign public officials, when it enacted the Foreign Corrupt Practices Act (FCPA) in 1977. Under the FCPA, each year the U.S. completes dozens of enforcement actions, penalising companies who engage in corruption abroad, sending the message that engaging in corruption abroad is just as offensive as engaging in corruption at home.

For any country, this two-pronged approach remains necessary to protect society from the ill effects of corruption. While it is important to penalise bribe payers to dissuade them from corrupting the system, it is equally important to prosecute public officials who betray the public trust by taking bribes or embezzling public funds. Corrupt officials who have stolen government funds or who demand bribes to award government contracts cannot be allowed to enjoy the proceeds of their corruption.  Through criminal prosecution, Nigeria can end the culture of impunity and return stolen assets to productive use. This will not only help build Nigeria’s economy, it will also send the message to criminals who might believe Nigeria’s national resources or security are for sale, by closing down avenues for promoting crime and violent extremism.

To foster the stability, security, and prosperity of its citizens, Nigeria must effectively address both sides of the corruption equation. The United States stands ready to work with Nigeria’s anti-corruption institutions to bring corrupt individuals to justice, whether through technical assistance and training, or working cooperatively to find evidence or stolen assets held abroad. Working together and with other international partners, we can combat corruption effectively and make impunity a thing of the past.

• McCulley is the United States Ambassador in Nigeria.