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Guinea-Bissau

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties of one month to 10 years in prison for corruption by officials; however, the government did not implement the law effectively, and officials in all branches and on all levels of government engaged in corrupt and nontransparent practices with impunity.

Corruption: Members of the military and civilian administration reportedly trafficked in drugs and assisted international drug cartels by providing access to the country and its transportation infrastructure. The failure to interdict or investigate suspected narcotics traffickers contributed to the perception of government and military involvement in narcotics trafficking. Trafficking in illegally cut timber was also an issue involving the military and civilian authorities.

Financial Disclosure: By law public officials are required to disclose their personal finances before the Court of Audits, and these disclosures are to be made public. The court has no authority to enforce compliance, and penalties are not specified for noncompliance. By year’s end no public officials had disclosed their personal finances.

Nigeria

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The EFCC writ extends only to financial and economic crimes. The ICPC secured 14 convictions during the year. In 2016 the EFCC had 66 corruption cases pending in court, had secured 13 convictions during the year, and had 598 open investigations.

Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election both organizations started investigations into and brought indictments against various active and former high-level government officials. Many of these cases were pending in court. According to both ICPC and EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.

EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC. In October the EFCC arrested and indicted former governor of Ekiti State Ayo Fayose on 11 counts including conspiracy and money laundering amounting to 2.2 billion naira ($6 million). After a Federal High Court ruling, Fayose was out on 50 million naira ($137,500) bail.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act (CCBTA) requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

In 2015 the CCB brought charges before the Code of Conduct Tribunal–a court created by the CCBTA to try violations of that act–against Senate President Bukola Saraki for false declaration of assets. In June 2017 the tribunal dismissed all 18 charges against Saraki for lack of evidence. The government appealed and, in December 2017 the federal Court of Appeal affirmed the CCT’s dismissal with respect to 15 counts, but determined there was sufficient evidence to proceed on three counts. Saraki appealed to the Supreme Court, which affirmed the June 2017 decision of the CCT dismissing all charges.

Sierra Leone

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. Substantial corruption was still present but was reportedly reduced in the executive (including the security sector and migration management), legislative, and judicial branches as a result of the Anti-Corruption Commission’s (ACC) work to combat corruption, work that included the creation of a single treasury account.

Corruption: The newly appointed Anti-Corruption Commissioner indicted and charged more than 20 persons, including the former vice president and minister of mines and mineral resources in connection with their involvement in the misappropriation of the 2017 Hajj scholarship funds.

The Anti-Corruption Commissioner has set up an Anti-Corruption Court to deal with corruption cases.

Financial Disclosure: The law requires public officers, their spouses, and children to declare their assets and liabilities within three months of assuming office. The law also mandates disclosure of assets by government ministers and members of parliament. The ACC is empowered to verify asset disclosures and may publish in the media the names of those who refuse to disclose and petition the courts to compel disclosure. The particulars of individual declarations were not available to the public without a court order.

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