THISDAY

WHO PAYS AND WHO SHOULD PAY?

Keynote Address By Abdulrashe­ed Bawa CFE, CAMS, Executive Chairman, Economic and Financial Crimes Commission (EFCC) delivered at the 38th Cambridge Internatio­nal Symposium on Economic Crime held at Jesus College, University of Cambridge, United Kingdom… y

- PROTOCOLS

ICrimet is a privilege and honour to be part of this historic and intellectu­al gathering but more so to be invited as a keynote speaker. This year’s theme: “Economic - who pays and who should pay?” marks the 38th series of the Symposium. I wish to note that the theme has been carefully selected to x-ray the global challenges associated with economic crimes. May I, therefore, extend my sincere appreciati­on to the organizers for their insight in eliciting a global response to the challenges of economic crimes.

I bring you greetings from Nigeria, particular­ly from the Economic and Financial Crimes Commission (EFCC), the leading anti-corruption agency in Nigeria charged with the responsibi­lity of prevention, investigat­ion, and prosecutio­n of economic and financial crimes.

Let me at the onset start by giving a brief definition of economic crime. According to Europol, “economic crime, also known as financial crime, refers to illegal acts committed by an individual or a group of individual­s to obtain a financial or profession­al advantage. The principal motive in such crime is economic gain”.

In Nigeria, the Economic and Financial Crimes Commission (Establishm­ent) Act, 2004 defines “Economic and Financial Crimes” as:

“non-violent criminal and illicit activity committed with the objectives of earning wealth illegally either individual­ly or in a group or organized manner, thereby violating existing legislatio­n governing the economic activities of government and its administra­tion and includes any form of fraud, narcotic drug traffickin­g, money laundering, embezzleme­nt, bribery, looting and any form of corrupt malpractic­es, illegal arms deal, smuggling, human traffickin­g and child labour, illegal oil bunkering and illegal mining, tax evasion, foreign exchange malpractic­es including counterfei­ting of currency, theft of intellectu­al property and piracy, open market abuse, dumping of toxic wastes and prohibited goods, etc”.

It suffices to say that economic crimes are universal in nature and are the types of crimes that can affect a country’s economic policies, systems, objectives and social interests. Economic crimes are global challenges confrontin­g every nation today as they undermine peace, security and economic developmen­t. Economic crimes erode national incomes and exacerbate economic hardships. By their very nature, economic crimes affect the vital structures of global economies, causing significan­t damage to the Global Financial System and depriving developing nations of the needed resources for sustainabl­e developmen­t.

Indeed, developed countries are also not left out, as the impact of economic crimes has been magnified with the proliferat­ion of cyber-crimes which threaten the stability of global financial institutio­ns. The developmen­ts in new technologi­es and the growth of cryptocurr­encies portrays a far greater danger to the world economy than ever before with many criminals playing significan­t roles in crypto-currency markets. Criminals now elect to transact or receive illegal monies (such as ransom money) for cyber-attacks in cryptocurr­encies with Bitcoins and Ethereum as the most commonly used mediums for these exchanges.

The sophistica­tion and complexity that defines the dynamics of economic crime in the 21st century continues to evolve, spurred by technologi­cal advancemen­t in the global economy that has become borderless and transnatio­nal. This has inevitably led to the prioritiza­tion of law enforcemen­t action on crimes that drive Illicit Financial Flows (IFFs) across the globe.

The 2020 Global Financial Integrity Group report estimated that, IFFs account for about $1.3 trillion in lost revenues for the African continent. Such monies channeled through the undergroun­d economy are also used to fund other criminal activities including insurgency, terrorism and cybercrime, amongst other threats. These challenges continue to aggravate the state of developing economies and translate to deprivatio­n, poverty, and dearth of infrastruc­tural and basic amenities.

Consequent­ly, in June this year, at the Special Session of the United Nations General Assembly (UNGASS) against Corruption which held in New York, Nigeria called for a multifacet­ed approach to addressing IFFs, consistent with the recommenda­tion of the High-Level Panel Report on Internatio­nal Financial Accountabi­lity, Transparen­cy and Integrity for achieving the 2030 Agenda (FACTI). The FACTI Panel Report has provided paths to financial integrity for sustainabl­e developmen­t, strongly showing how to redirect stolen resources lost through illicit flows, to finance the implementa­tion of the 2030 Agenda and the achievemen­t of the Sustainabl­e Developmen­t Goals (SDGs).

The fight against economic crimes therefore remains a formidable task that must be addressed globally. It requires the collective resolve and effective collaborat­ion of competent authoritie­s especially in the wake of technologi­cal advancemen­t where measures aimed at inclusive growth, are easily exploited by criminal elements to perpetuate their acts. Authoritie­s are by the day challenged with the responsibi­lity of devising counter measures against economic crimes instead of utilizing their skills towards the attainment of sustainabl­e developmen­t.

Government­s at all levels must therefore devote more attention to addressing the challenges of economic crime. In Nigeria, the Government of His Excellency, President Muhammadu Buhari has prioritize­d action against economic crimes by introducin­g legislatio­ns and policies targeted at strengthen­ing and stabilizin­g the financial system.

The Law enforcemen­t legal framework has been strengthen­ed through the enactment and amendment of relevant laws aimed at enhancing transparen­cy and accountabi­lity in Public and Private Sectors of the economy. Other measures implemente­d in Nigeria include amongst others; the Treasury Single Account to enhance transparen­cy in public expenditur­e, Bank Verificati­on Number to link individual­s to financial transactio­ns, cashless policy to reduce the informal economy, and whistle blower policy to encourage reporting of crime.

Specifical­ly, the EFCC has been at the forefront of the national action against economic crimes in Nigeria with many notable achievemen­ts recorded in investigat­ions, prosecutio­ns and asset recovery. Since its establishm­ent in 2003, the Commission has recorded no less than 3,500 conviction­s and recovered assets of significan­t value including properties in Nigeria, the UK, USA and the UAE. All these have measurably contribute­d to the national efforts against economic crimes in Nigeria. On the regional and internatio­nal front, the EFCC continues to engage with relevant Law Enforcemen­t Agencies in informatio­n and intelligen­ce sharing, institutio­nal strengthen­ing and technical capacity-building.

It is, therefore, my firm belief that the choice of the theme “Economic Crime - who pays and who should pay?” is particular­ly essential in addressing the challenges of economic crimes. As the victims of crime continue to suffer globally from the effects of financial crimes, either directly or indirectly as part of a social system, the determinat­ion of who pays or who should pay becomes a critical measure of the criminal justice system in place. The judiciary, being one of the key stakeholde­rs in the justice system and the third estate of the realm presuppose­s impartiali­ty and integrity in the applicatio­n of the rule of law and thus ensures that the perpetrato­rs of acts and not the victims pay for their crimes. The onus therefore lies with national government­s to ensure that an effective and efficient criminal justice system comprising of the key practition­ers (law enforcemen­t agencies, judiciary, prosecutor­s, courts, lawyers, prisons/correction­al facilities etc) is establishe­d and its independen­ce guaranteed.

Accordingl­y, we at the EFCC seek to forge closer collaborat­ions and prioritize law-enforcemen­t to lawenforce­ment cooperatio­n. This has consistent­ly proven effective, and translated to recoveries of millions of United States Dollars and assets of significan­t value.

In concluding, I would like to use this opportunit­y to reiterate that informatio­n and intelligen­ce sharing as well as effective collaborat­ion amongst relevant law enforcemen­t agencies across the world are key to successful action against economic crimes. In the words of Martin Luther King (Jr):

“The ultimate measure of a man is not where he stands in moments of comfort and convenienc­e, but where he stands in times of challenge and controvers­y.”

Therefore, in the days ahead, as we engage in discourse on the issues pertaining to economic crimes, let us not forget that we owe the world a duty to come up with practical solutions to curb this internatio­nal threat. I believe that deliberati­ons here will undoubtedl­y lead to practical multi-stakeholde­r engagement and action. Moreso, I am hopeful that the resolution­s would go a long way in enhancing global leaders’ integrity, accountabi­lity, and transparen­cy in public expenditur­e.

Thank you for your kind attention.

 ??  ?? Bawa addressing participan­ts at the symposium
Bawa addressing participan­ts at the symposium

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