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Socio-Economic Rights and Accountability Projects (SERAP) Secretariat in Nigeria implementing Anti-Corruption Project in Nigeria (ACORN)

Wishes to Contract

Consultancy services for Developing Anti-corruption Performance Measurement Framework in Nigeria

 Terms of Reference

 SERAP- ACORN Project to which the consultancy is Contributing

Assessment of FGN anti-corruption interventions and impact since 2015, and provide recommendations for improvement and strengthen the voice and involvement of Nigerians in fighting corruption. This project will promote active involvement of Nigerians in addressing the prevailing challenges posed by corruption in Nigeria.

• Introduction

Corruption has wreaked much havoc on post-independent Nigeria. Much of the oil revenues accruing to Nigeria have been frittered by Kleptocrats in governments since independence; by military and civilian administrations alike. Much of government operations and businesses are run in secret for private benefits often running foul of public administrative rules and procedures. Annual budget appropriations are routinely diverted, stolen, and mismanaged with impunity. Consequently, today’s per capita income in Nigeria is worse than the 1960s by a wide margin.

Today, Nigeria is confronted with the consequences of decades of corruption and mismanagement including infrastructure decay, limited and shrinking economic opportunities, intolerance and incendiary conflicts, youth restiveness, lack of access to essential services including education, health, water and sanitation, and waste disposal.

The lack of political will and collective resolve have fed and sustained corruption up to what it is today in Nigeria. Successive military dictators and elected governments benefitted and contributed to systemic corruption in Nigeria’s public sector; often in cahoots with private sector collaborators. Citizens have also benefitted from corruption proceeds that is distributed and sustained by entrenched nepotism that trickles down through the delicate network of ethnic and religious contraptions. As a result, corruption thrives in Nigeria and is sustained by a community (collective) conspiracy that continues to defy technical and policy responses.

• Response to Corruption in Nigeria

Much of anticorruption strategies in Nigeria have favoured institutional strengthening and reforms to prevent, detect (and prosecute) and sanction corruption and other forms of rent-seeking behaviour. The Obasanjo administration, in 1999, laid the important foundation for institutional response to corruption with the establishment of two anticorruption agencies to drive the administration’s effort to combat corruption. The administration established the Independent Corrupt and other related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to lead the fight against corruption in the public and private sector. The administration revived the Code of Conduct Bureau and Code of Conduct Tribunal as well.

The Umar Musa Yar’Adua leadership did not have enough time to extend its rule of law mantra to the fight against corruption as the former President suffered prolonged sickness that kept him out of office before succumbing to the cold hands of death barely two years in office. But his successor, President Goodluck Jonathan (and former Vice President) did not do enough to combat corruption. Nigeria’s rating on the corruption perception index worsened as corruption reached alarming heights fuelled by poor leadership and a quiet (complicit) followership. Much of Jonathan’s anticorruption measures focused on institutional reforms (much less effective than the experience under Obasanjo) to the disappointment of Nigerians that voted out the government in the 2015 elections.

Having defeated an incumbent based on popular promise for change, the current Buhari-led administration had an unenviable task of killing corruption. There was much expectation from Nigerians who were “hungry for blood”. There were widespread expectations for the prosecution and jailing of many former governors, ministers, commissioners and government officials and appointees suspected of massive looting and theft while on office including at the local government level and government parastatals. But as months turned to years, much of the goodwill that greeted the administration appears to have been squandered. The anticorruption agenda of the administration is routinely called to question at local and international forums, on social media, on radio and television and informal discussions among Nigerians

• Anticorruption Strategy and Performance Measurement

There are inconclusive, at best, contradictory views on the performance and achievement of anticorruption regime of President Buhari. This situation mirrors the challenges experts – researchers and practitioners have faced in discussions about corruption, corruption strategies and anticorruption performance.

Emanating essentially from the exploitation of public office for private gain, corruption radiates from governments through agencies and impacts upon the individuals and/or organisations required to liaise with those agencies in order to obtain basic services. Given the range and impact of corrupt behaviour, any anti-corruption strategy must be cognisant of the causes of corruption, the political and socio-economic environment in which corruption thrives and the broader links between corruption, organised crime and international illicit capital flows. It is important to recognise that the errant behaviour of individuals lies at the heart of corruption. Any successful anti-corruption strategy therefore should endeavour to understand the often-complex interactions that exist between the initiator of the corrupt act, the person who passively or actively participates in corruption and the wider society which meets the costs, directly or indirectly, of that corruption.

In designing an anti-corruption strategy, it is imperative to be cognisant of the fundamental characteristics and nature of corruption itself. Essentially, it must be recognised and appreciated that theories of corruption causation have to be interpreted in the context of actual and/or likely human behaviour, drivers and interaction. Above all, a determination to consider corruption as an issue best mitigated by a holistic as opposed to a sectoral approach is integral to a well-designed anti-corruption strategy.

There are (at least) three key schools of thought on corruption reduction and prevention. First, interventionism, in which the relevant authorities wait for the corrupt action to occur and then intervene to capture and punish the offender. This school stimulates retribution, rehabilitation and deterrence. Second, managerialism, in which those individuals or agencies seeking to engage in corrupt behaviour can be discouraged or prevented from doing so by establishing appropriate systems, procedures and protocols. In essence, managerialism advocates the reduction or elimination of opportunities such that those who generally benefit from them cease to be able to do so. Finally, organisational integrity which involves the integration of an organisation’s operational systems, corruption control strategies and ethical standards so that a norm of ethical behaviour is created. This school of thought presupposes that deviance stems from the organisation rather than the individuals of which it is comprised, as if the breach of ethics involved in corrupt practices occurs almost by osmosis from the malfeasant organisation to the innocent individual within it. Arguably, targeting individuals in anti-corruption efforts is likely to be less successful than targeting the organisational context in which individuals operate.

Sound anti-corruption strategies recognise the level and degree of formal and informal interaction between agencies, organisations and individuals. It is imperative that such strategies incorporate changes in the practices of the public and private sectors. In addition, efforts should be made to increase public awareness of corrupt practices and to garner support from the public in the detection and reporting of corrupt behavior.

• SERAP in Perspective

The Socio-Economic Rights and Accountability Project recently won a grant award from the UK Department for International Development (UK DFID) to promote anticorruption in Nigeria. The goal is to generate objective assessment of anticorruption performance in Nigeria in order to improve public engagement and enable the environment for anticorruption work. During the first phase (one year) of the project, SERAP is required to develop a framework for assessing the performance of current anticorruption program in Nigeria, produce at least a baseline assessment and subsequently an annual assessment. On that basis, stimulate public discussions and reforms to improve accountability.

About ACORN- UK DFID

ACORN is DFID Nigeria’s flagship anti-corruption programme stemming from the 2016 London Anti-Corruption Summit. Through this programme the UK is committed to assist Nigeria’s fight against corruption over a period of five years to December 2021. The envisaged Impact of ACORN is “more accountable formal and informal institutions that deliver better services, an improved environment for business and investment, improved performance on security (including on exported harms to the UK) and contribute to inclusive growth and poverty reduction”. The envisaged Outcome is “a reduction in corruption as a result of both of stronger incentives not to loot government resources and as a result of changing public attitudes that will increasingly disapprove of corrupt activities

Researcher/ Consultant/ Research Team

SERAP is desirous of recruiting and retaining a Lead Researcher/ Consultant to adapt and apply the UN User’s Guide for Measuring Corruption and Anti-corruption to assess the performance of the President Buhari’s Anticorruption Strategy, achievement and impact. The goal is to produce an objective assessment of the level/extent of implementation of the NACS and their effectiveness in reducing corruption. Specifically, the Research Team has the following roles and responsibilities:

A. Review the UNDP Guide on Measuring Corruption and Anti-corruption and any other relevant tools and propose modified tools/guide for the assignment;

B. Finalise the assessment tool and hold implementation training for the research team and any associates that is to be involved in the assessment;

C. Develop and obtain approval for an implementation work plan including methodology, target groups (associates and partners), data collection tool, data analysis plan, geography, risk assessment and security plan, with detailed calendar;

D. Conduct detailed field work and maintain proper records of processes, procedures, evidence and contacts in a safe place;

E. Inform SERAP secretariat or Liaison Officer of any significant development related to the assignment throughout the planning, field work, and analysis phase;

F. Produce and submit a succinct report of the assessment and all supporting documents

Methodology

The Research Team will develop and obtain approval for the methodology for carrying out the assignment. The Team is encouraged and advised to consider the following:

A. Literature review: detailed review of relevant literature and publications on assessing the performance of anticorruption strategies in order to be aware of recent development and practices and reflect same in the final assessment tool and to ensure the right mix of competence in the team;

B. Experts’ review/engagement: interface with experts – researchers and practitioners- to benefit from their knowledge of the field and specifically of important development and pattern in the Nigerian context;

C. Peer review: subject the tools, processes and work plan to peer review and feedback in order to ensure the highest quality of the materials, processes and plans are applied throughout the exercise;

Deliverables

The Researcher/Research team shall be responsible for delivering the following to SERAP

A. Draft and final assessment tool

B. Draft and final approved work plan for the field assignment

C. Draft and final approved assessment report

D. Evidence of peer review/quality assessment

 Management and Supervision

The SERAP office in Lagos is responsible for the secretariat assistance to the Researcher and the Research Team. They will liaise with the research team in respect of all travel and accommodation logistics and any other secretariat assistance that may be necessary.

Accountability

The Research Team shall report to the Executive Director and Deputy Director of SERAP or their representative after a written communication notifying the Research Team of appointment of the representatives.

Required Experience and Expertise

The consultant(s) should possess working experience in Africa having worked in international organizations with accountability related functions and responsibilities. Thus, the ideal candidate(s) should meet the following criteria:

1. Experience designing and delivering high quality evaluations/ project reviews
2. An advanced degree in a field related to international development, management or institutional development
3. Expertise relating to human resources, management, governance, communications and public relations, and strategic development
4. Experience with institutional capacity building and assessment
5. Excellent analytical skills and ability to consolidate findings and clearly present recommendations
6. Excellent English language ability (written and oral)
7. Past experience in Anti-corruption issues in Nigeria an advantage
8. Understanding SERAP organisational values

The following competencies are crucial in carrying out the task:

1. An expert or experienced in documenting and writing with a strong command of written English
2. Demonstrate strong knowledge of principles and practices of professional writing
3. Experience in project documentation
4. Ability to work with tight timelines and deliver quality work

Expression of Interest and Quotations

1. A proposal showing your understanding of the work and how you would approach the work, including methodologies, timeline and detailed budget
2. The consultant must attach his CV
3. Submit previous work done relevant to task

Ownership of Tools and Materials

1. Consultant agrees that s/he created the tools and materials for the Work, s/he hereby provides SERAP all rights to the Work, and no other party has any rights to the Work. Consultant agrees that
2. On SERAP’s reasonable demand, Consultant will sign any document stating that SERAP owns the Work and has all rights to the Work, including without limitation, copyright applications, assignments and documents required to protect SERAP’s right to the Work;
3. On SERAP’s demand, Consultant shall provide SERAP all originals, copies or other documents containing a part or all the Work. These obligations extend beyond the expiration or termination of this agreement.

Confidentiality and Security

Consultant may receive confidential information regarding SERAP in connection with the Work. Consultant shall never disclose any of SERAP’s confidential information to anyone or use SERAP’s confidential information for his/her own purposes without SERAP’s prior written agreement; provided. However, that confidential information may be disclosed to government authorities if the disclosure is required by law and Consultant has provided SERAP notice and a reasonable opportunity to defend against such disclosure

Confidential information of SERAP means any information (written, oral or observed) relating to SERAP’s: (a) donors and potential donors; (b) beneficiaries; (c) employees; (d) business and strategic plans; (e) finances; and (f) relationship with any governmental entity. Confidential information of SERAP also includes information specifically designated confidential by SERAP or which Consultant knows or reasonably should know that is not generally known to the public. These obligations extend beyond the expiration or termination of this agreement.

Closing Time

Interested applicants should make submissions in accordance with section on ‘’Expressions of Interest and Quotation’’ by email to ACORN Project Manager info@serap-nigeria.org by midnight on or before the 18^th September 2018. Please ensure that the subject line states ‘’Consultant for ACORN Project’’ Please ensure that the subject line states ‘’ Consultant for ACORN Project’’

Late submission will not be accepted. Only selected applicant/s will be contacted and/ or advised of the outcome.