the Commodity Surveillance Programme; the microfinancing scheme; the
Small and Medium Enterprises Equity Investment Scheme (SMEEIS);
the Refinancing and Discounting Scheme; and the Agricultural Credit
Support Scheme. However, efforts to improve access to funding by the
informal sector should go beyond creating institutions. They should
focus on improving the effective implementation of existing statutes and
schemes so as to enable SMEs to access funding effectively, and to foster
an enabling environment for their operations.
3.36
Economic and financial crimes, such as advance fee fraud (‘419’)6 and
money laundering, have had severe consequences for Nigeria, including
impacting on the foreign direct investment (FDI) flows to the country due
to a lack of investor confidence. Fighting these crimes is done mainly
through laws such as the Corrupt Practices and Other Related Offences
Act, the EFCC (Establishment) Act, the Money Laundering Act and the
Money Laundering (Prohibition) Act. These laws contain comprehensive
provisions prohibiting the laundering of the proceeds of a crime or an
illegal act. They also provide appropriate penalties. However, observers
believe that implementation is ineffective. Nigeria continues to be
hampered by systemic corruption and its debilitating ancillaries – bribery,
graft, advance fee fraud and nepotism. In order to improve the situation,
it is important to ensure that all necessary safeguards, including whistleblower protection, be put in place. This will help to expose unethical
and corrupt business practices. The media also have a role to play as a
watchdog. However, this oversight function in the public interest has been
ineffectively exercised due to the political patronage of the media and
limited expertise in investigative and feature reporting.
3.37
Nigeria is making increased demands on big business organisations
for greater social responsibility. Stakeholders believe that corporations
are not doing enough in terms of social investment. The awareness and
implementation of corporate social responsibility (CSR) are generally poor
on the part of both corporations and would-be beneficiaries. Corporations’
understanding of good corporate citizenship and CSR is largely based on
philanthropic and altruistic notions. Much of the CSR focus in Nigeria tends
to be on multinationals and the big oil-producing companies. However,
SMEs and other home-grown companies can also play an active role in
sensitising communities and advocating for CSR. There are, however,
perceptions that NGOs, community-based organisations (CBOs) and CSOs
are weak, lack internal democracy, and show limited transparency and
accountability. Public-private partnerships, as vehicles for development,
are not used enough in Nigeria.
3.38
Nigeria was the first African country to sign up for the Extractive Industries
Transparency Initiative (EITI) in 2003. The Nigerian EITI is aimed at due
process and achieving transparency in payments by extractive industry
6
12
Advance fee fraud (commonly called ‘419’, referring to Article 419 in chapter 38 of the Nigerian
criminal code that deals with fraud) is a financial scam that persuades people to advance large sums
of money in the hope of making a significantly larger gain. It essentially deals with fraud committed
with the aid of fake claims, identities, positions and, in most cases, for attractive but nonexistent
proposals.