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The project Support to the Economic and Financial Crimes
Commission (EFCC) and the Nigerian Judiciary is a 24.7 Million Euro
project, primarily funded by the European Union under the 9th European
Development Fund. The ongoing project, which was launched in 2006 and,
after two extensions will be completed in 2010, is implemented by the
United Nations Office on Drugs and Crime (UNODC). The project
supported the EFCC which was set up in 2003 by the Nigerian Government
with the mandate to prevent and combat economic and financial crimes, in
the crucial phase of institution building. Specific project
interventions include the strengthening of the operational capacities of
the agency, including the provision of specialized training for staff
and management, the delivery of basic operational equipment, the
building of the EFCC’s Training and Research Institute, as well as the
creation of a forensic laboratory and the mentoring of its staff (insert
press release on forensic laboratory) The project has also provided the
EFCC with a state-of the-art IT system and helped in developing and
implementing custom-made specialized database applications
including - goAML, goIDM and goCASE as well as ADAMN
used in case-management, financial intelligence analysis and
donor coordination. Moreover, the project assisted the agency in policy,
advocacy and outreach through the conduct of several assessments of
corruption (Click here
for copy of Business Survey on Crime & Corruption and Awareness of
EFCC in Nigeria), the development of a national anti-corruption
strategy, the establishment of a national network of civil society
organisations advocating for the fight against corruption and governance
reforms, as well as the development of specialized non-conviction based
asset forfeiture legislation aimed to further enhance the effectiveness
of law enforcement action against corruption.
The project
has also assisted the Nigerian Judiciary and other justice sector
stakeholders in the strengthening of integrity and capacity of the
justice system at the Federal level and within 10 Nigerian States.
Working in cooperation with the National Judicial Institute (NJI)
in this regard the project has helped to prepare the ground for
several reform policies primarily focusing on improving governance,
accountability and transparency of justice sector institutions. A large
scale assessment of justice sector integrity and capacity was carried
out providing baseline data allowing for the measuring of progress in
the various areas of reform (click here for assessments). The data was also used in the development of action plans at state level (Click here
for state action plans)- aimed to enhance access to justice, in
particular by prisoners awaiting trial, to improve speed and quality of
justice delivery, and to build the confidence of court users (click here
to view/download court user guides) by increasing accountability,
integrity, impartiality and independence of the courts. Subsequently,
the implementation of these action plans was supported through policy
and technical advisory services, training, and the provision of
equipment. A monitoring exercise of the implementation of these plans is
ongoing. (Insert monitoring missions’ press release). The project has
also helped build the operational capacity, efficiency and performance
of the justice sector by jointly funding Judicial Research Centres (JRC)
with the pilot state governments. (click here
for JRC folder). Five years into implementation, the project has been
able to aid national counterpart institutions in making significant
achievements. (Insert click here for more information on the
achievements of the project). The project is on course in achieving its
various outputs and the activities will be finalized in November 2010. A
handing over period to the beneficiary is ongoing in order to enhance
the local ownership and ensure sustainability.
ACHIEVEMENTS OF THE PROJECT
Five
years into implementation, the project has been able to aid national
counterpart institutions in making significant achievements. To date,
the EFCC has received more than 5000 petitions and achieved more than
400 convictions. Even more impressively, a 6.5 Billion US $ of criminal
proceeds have been recovered. At the political level, Nigeria was
removed by the FATF from the list of non cooperating countries and
territories. Subsequently formal monitoring of Nigeria’s compliance with
the 40+9 FATF recommendations was ended and the Nigerian Financial
Intelligence Unit was admitted to join the Egmont Group. As a whole,
Nigeria’s standing against several global governance indicators, such as
the Global Corruption Barometer and the Corruption Perception Index of
Transparency International as well as the World Bank Governance
Indicators has consistently improved. Moreover, EFCC enjoys a high level
of acceptance among Nigerian citizens with 72% of respondents to a
public perception survey conducted by the project in 2009 confirming
that “EFCC meets my expectations fully or partially”.
Regarding
the justice sector, the assessment conducted in 2007/08 with the
assistance of the project confirmed impressive improvements made in the
period 2002 - 2007. More specifically, the justice system had
become significantly more accessible, with the average time prisoners
had to spend in remand reducing from 30 months in 2002 to less than 12
months in 2007. Improved had also the general awareness of prisoners
with regard to bail with 68% of the respondents being aware of their
right to apply for bail in 2007, as opposed to only 43% in 2002.
Prisoners, moreover, had better access to legal assistance, with 56%
being represented by a lawyer as opposed to only 38% in 2002. Similar
progress could be registered with regard to timeliness and quality of
justice delivery.
The number of months that it had taken court
users on average to resolve their legal matters had reduced from 27
months in 2002 to a little over 12 months in 2007. Improved had also the
administrative systems of the courts, with 87% of judicial officers
finding the record-keeping efficient or very efficient, as opposed to
only 44% sharing this opinion in 2002. As concerns the prevalence of
corrupt practices, in 2002, 77% of lawyers and 43% of court users
claimed that within the last 12 months prior to the interview they had
been approached for the payment of a bribe in the context of a court
case. When these stakeholders were asked the same question in 2007, only
16% of the lawyers and only 2% of the court users admitted that they
had been approached for the payment of a bribe. With regard to the
independence, impartiality and fairness of the courts, 19% of the judges
felt that judicial appointments were politically influenced and not
based on merit, while 50% of the lawyers claimed to know of judicial
decisions that had been inspired by politics. However, in 2007 findings
seemed to suggest that judicial independence had been strengthened with
24% of lawyers stating that they were aware of a judicial decision
during the last 12 months which in their opinion had been influenced by
politics, and 8% of judicial officers claiming to be aware of a judicial
appointment having been influenced by political considerations rather
than merit.
Collectively all of these improvements have helped
to enhance public confidence in the justice system. In 2007 the
percentage of court users who stated that they had not used the courts
during the last two years despite a need to do so had reduced from 42%
in 2002 to 36% in 2007. At the same time, those court users who
indicated that they would use the courts again based on their experience
increased from 58% in 2002 to 69% in 2007.
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