STATEMENT BY HON. JUSTICE MUSTAPHA AKANBI

CHAIRMAN, INDEPENDENT CORRUPT PRACTICES AND RELATED COMMISSION (ICPC) OF NIGERIA

Mr. President

Let me start by congratulating you, on behalf of my delegation, on your election as the President of this epoch-making High-Level Political Signing Conference of the Convention against Corruption. I am confident that with your wisdom and experience, the Conference will achieve the objectives for which it was convened. I assure you of our cooperation and support as you carry out your arduous responsibility.

I wish to express our appreciation to the Secretary-General of the United Nations, His Excellency, Mr. Kofi Annan, for convening this important Conference. Let me also pay special tributes to our hosts, the Government and People of Mexico. From Monterrey to Cancun and now at this beautiful city of Merida, the Government of Mexico has continued to demonstrate its unwavering commitment to international cooperation by providing excellent for major multilateral conferences aimed at addressing some of the fundamental issues and challenges of our time.

I will also like to express our appreciation to the dedicated men and women of the Ad Hoc Committee and members of its Bureau who spent the last two years negotiating this Convention. May I pay our special tribute to the late Chairman of the Bureau of the Ad Hoc Committee, Ambassador Hector Charry Samper of Colombia, under whose leadership and guidance the Ad Hoc Committee completed most of its work. Our heartfelt condolences to his family and the Government and people of Colombia.

Mr. President,

Corruption is a phenomenon that is growing rapidly throughout the world and is not limited to a particular part of the globe alone. It is as much a reality in industrialized countries as it is in developing countries but the focus rightly or wrongly is usually more on the developing countries and not on the developed world.

Pervasive corruption among low-paid public servants in the developing countries attracts more attention than the massive corruption perpetrated by wealthy multinational companies. The amount involved in some of the major scandals involving certain multinational companies are in the value of billions of dollars, greater than the Gross Domestic Product (GDP) of many developing countries. While it is certainly true that some corrupt leaders in the developing countries do siphon their national earnings into private bank accounts abroad, we have tended to talk more about the bribe takers than the bribe-givers and those who provide safe havens to these illicit funds and their masterminds. But in reality, those who provide sanctuary to the proceeds of corruption are the most guilty of the offence of corruption.

Regardless of our focus, Mr. President, the reality is that whether in the developing or developed countries, corruption poses a serious challenge for the authorities and the general public. Indeed, corruption erodes economic development and corporate governance. It also threatens democracy and undermines respect for human rights and fundamental freedom. In all cases, the evil and pernicious consequences of corruption are largely the same, though with more damaging impact on socio-economic development in the developing world.

Corruption hurts the poor by making them poorer. The poor lose out when resources meant for the provision of social services and improvement of infrastructure or basic living standards are diverted or misallocated to expensive white elephant projects with lucrative "commission" potential. It is the poor who end up having to pay bribes for basic services or who lose out because they cannot afford those services that have been priced beyond their meager means. In effect, the poor get squeezed out of decision-making process and pushed to the political margins in situations where money buys influence and access to political power and decision-making processes.

Corruption in the private sector distorts competition and put smaller firms at a great disadvantage, while also promoting nonproductive rent-seeking activities that damage the economy and societal values.

Similarly, the transfer of illicit funds derived from corrupt practices had contributed considerably to capital flight, while also impeding sustainable development and fuelling political instability especially in Africa. Nigeria's quest for prudent utilization of scarce resources for sustainable economic development, to eradicate poverty and enthrone good governance informed the policy of my Government to embark on the recovery of looted wealth stashed at home and abroad. This has put the country in the forefront of the concerted effort by the international community for the return of illicit funds to their countries of origin. This will make more resources available for development purposes and enhance democratic institutions and processes.

While some countries are cooperating with us to ensure that some of these illicit funds are returned to Nigeria for the benefit of the people, others have sought refuge under the technicalities of their domestic laws not to speedily accede to our legitimate requests for return. Such attitudes on the part of these countries cannot be regarded as genuinely supportive of our anti-corruption efforts. I will like to seize this opportunity to once again, appeal to these countries, in the spirit of the Convention against Corruption, to render all maximum measures of cooperation to us and facilitate the return of these badly needed funds.

Mr. President

Fortunately, the Convention, the signature of which opens here in Merida is a demonstration of the will of the international community to tackle corruption. It is a historic document with a strong message to corrupt leaders and over-pampered corporate executives; that the international community is intent on dealing decisively with both the "demand and supply sides" of corruption.

Moreover, there would be appropriate sanctions including the confiscation of their ill-gotten wealth and the return to their legitimate owners. This Convention, through its comprehensive framework for preventive measures, mutual legal assistance, law enforcement collaboration and mechanism for asset recovery, would help make that possible.

Nigeria is one of the countries that will sign the Convention in Merida. We are committed to its speedy ratification to ensure its early entry into force as a meaningful tool in the fight against corruption.

Mr. President

Regardless of our willingness and enthusiasm, some of us do not have the resources or the institutional capacity to implement the Convention. There is a need, therefore, for technical assistance to be made available to the developing countries for the implementation of the Convention.

I appeal to the donor community and member-states not to relent but to offer more assistance both bilaterally and multilaterally to assist the developing countries in the implementation of this Convention. In the same spirit, I plead with the UN Secretary General to provide the UNODC with adequate resources to enable it promote in an effective manner, the rapid entry into force of the Convention.

I thank you.