|
| UNODC is cosponsor of the Joint United Nations Programme on HIV/AIDS - UNAIDS |
| | | Strengthening Judicial Integrity and Capacity
Budget: US$ 292,952
Duration: 24 months
Programme Description
This project will be carried out under the framework of UNODC/UNICRI�s Global Programme against Corruption. It is aimed at strengthening the rule of law, both at the national and sub-national level assisting the Government of Nigeria in increasing the capacity and integrity of the justice system, in particular the judiciary. By doing so, the project will also contribute to the development of the necessary prerequisites for the successful recovery of assets that have been diverted under the various past military regimes and the effective prevention of transfers of funds if illicit origin.
Problem to be addressed
There is a general lack of efficiency and effectiveness in the Nigerian judiciary to deal with complex and time-consuming proceedings, which are the norm in major corruption cases. The inability to deal with corruption inside the judiciary and the need to strengthen its integrity is an integral part of the overall corruption problem. At this early stage, the main challenges faced by the Nigerian judiciary are the absence of thorough knowledge and data regarding the extent and nature of, and the reasons for, the malfunctioning of the judiciary. Finally, there is a lack of systematic, realistic, time-bound and broad-based anti-corruption action plans, both at the federal and state levels.
This project tries to fill this gap by supporting the Nigerian judiciary in assessing the levels, causes, locations, types and costs of corruption in the justice system as well as in planning, implementing and monitoring a sustainable reformatory process at the federal level and within the three pilot states.
Justification
The Government of Nigeria has made anti-corruption reforms one of its policy priorities. Nigerian democracy is still fragile and its institutional framework is weak. The country needs assistance to curb corruption otherwise it will not succeed in increasing political stability and building trust among its population, both of which are essential preconditions for lasting economic, social and political development.
Project Strategy
The project is designed to assist the Nigerian authorities in the development of sustainable capacities within the Nigerian judiciary and to strengthen judicial integrity. Its aim is to contribute to the re-establishment of the rule of law in the country and to create the necessary preconditions for handling complex court cases in the area of financial crimes. The proposed outcome is the development of a functioning institutional anti-corruption framework to contribute to the prevention of transfers of funds of illicit origin and the recovery of such funds.
In the absence of an in-depth knowledge of the current capacity and integrity levels within the judiciary and consequently of an evidence-based anti-corruption action plan for the judiciary, this project will focus on supporting the Nigerian judiciary in the action planning, implementation and monitoring process.
The preconditions for evidence-based planning will be made available through the conduct of capacity and integrity assessments of the justice system in three pilot states including:
Based on the outcome of this assessment, UNODC will advise the judiciary at the federal level and in the three pilot states on developing, implementing and monitoring plans of action focusing on the strengthening of judicial integrity and capacity. This support at this stage remains limited to three pilot states, not only due to budgetary constraints, but to give UNODC the ability to refine its approach based on lessons learned. This approach will allow UNODC a basis to advise the Nigerian judiciary at the federal level as well as within the remaining 32 states. At the same time, this process will encourage the chief justices of the other states to follow best practices generated by the pilot states, multiplying the project�s impact.
Several judicial reform projects of the past show that, in order to be successful, action needs to be taken at all levels of the judiciary. Following the scenario proposed here, it will be possible to reach a critical mass of judges within the same geographical and geopolitical context and to closely involve them in the implementation of the project.
UNODC will facilitate two integrity meetings at the federal level and three at the state level. The purpose of the first Federal Integrity Meeting will be to launch a reformatory process with the development of a broad based and comprehensive draft action plan for strengthening judicial integrity and the selection of three pilot states, reflecting the main geopolitical/tribal areas of the country: Hausa, Fulani, Yoruba and Igbo. This federal action plan will then be used as a basis for the development of similar action plans within three pilot states taking into account the specific needs existing at this level. UNODC will then support the implementation of single measures identified by state level action plans as priorities.
Both the experience gained from the implementation of the state level action plans as well as from the integrity and capacity assessments will then feed into the refinement of the Federal Action Plan. UNODC will contribute to the establishment of a systematic action learning process leading to the identification of best practices. In this context, the project will focus on the transfer of planning, monitoring and implementation skills in order to create the necessary local capacities to continuously broaden and intensify the reformatory process within the federal and state judiciaries.
Objectives
Immediate Objective 1
An evidence-based, broad, integrated, comprehensive and pilot-tested federal anti-corruption action plan for the judiciary and a respective implementation strategy as the foundation for the strengthening of judicial integrity and capacity in Nigeria is to be implemented.
Output 1.1: A federal anti-corruption action plan for the judiciary is drafted.
Activity 1.1.1: Conduct a two-day federal integrity meeting for judges to:
-
Develop a draft federal anti-corruption action plan for the judiciary;
-
Select the three pilot states;
-
Agree on the methodology used for an assessment on the effectiveness, efficiency and integrity of the judicial system, including the levels, costs, locations, types of � and remedies for � corruption (herein referred to as integrity and capacity assessment).
Output 1.2: Three integrity and capacity assessment reports for the justice system in three pilot states prepared.
Activity 1.2.1: Conduct integrity and capacity assessments of the local justice systems in three pilot states, including integrity surveys, focus groups and case studies and prepare three reports.
Output 1.3: Anti-corruption action plans for the judiciary in three pilot states.
Activity 1.3.1: Conduct three, two-day state integrity meetings in the three pilot states, to develop anti-corruption action plans for the judiciary. These plans will outline the areas where outside assistance by UNODC or other bi- or multilateral donor agencies might be needed.
Activity 1.3.2: Support within the limits of the indicated lump sum, (US$ 50,000), the launching of the implementation of specific tasks resulting from state level action plans according to the needs identified and priorities established. Such tasks could include:
-
The establishment and training of a social control function monitoring the compliance of judges with the code of conduct;
-
The computerization of court records in selected pilot courts;
-
The establishment and support of state-level judicial training institutes;
-
The introduction of a court decision monitoring mechanism and;
-
A system of �peer evaluation� etc.
Output 1.4: Federal anti-corruption action plan for the judiciary including an implementation strategy adopted.
Activity 1.4.1: Conduct second federal integrity meeting to:
-
Finalize the federal anti-corruption action plan for judges based on the findings of the three integrity and capacity assessment reports and the experiences gained from the implementation of the anti-corruption action plans in the three pilot states,
-
Reach a broad-based agreement with regard to the single components of the action plan, the responsibilities and timeframes for the implementation of the single activities;
-
Outline the areas where outside assistance by UNODC or other bi- or multilateral donor agencies might be needed.
Output 1.5: Project activities are periodically monitored and evaluated, allowing for modification of implementation and eventually a project revision.
Activity 1.5.1: Prepare semi-annual progress reports, including all activities undertaken in the reporting period and other events, measures and actions that took place in the country and are relevant to the project.
Activity 1.5.2: To organize, 12 months from the start of the project, a tripartite meeting between the minister of justice, the chief justice, UNODC and the associated agency to evaluate � based on the two semi-annual progress reports � the progress made and make recommendations regarding the modification of the project implementation or, if needed, a project revision.
Activity 1.5.3: On completion of the project conduct an independent evaluation of the project, including recommendations for an eventual second phase for the review of a second tripartite meeting.
Expected end-of-project situation
On completion of the project, it is expected that the judiciary, supported by UNODC, will have developed evidence-based, integrated, comprehensive action plans at the federal level and in the three pilot states. The necessary evidence for such a strategic planning and comprehensive policy formulation will have been provided by the above-mentioned assessment and the pilot-testing of single anti-corruption tools at the state level. The sustainability will be assured through the involvement of a broad-based group of stakeholders from all institutions of the justice sector and other agencies active in the fight against corruption, as well as civil society, including the victims of corruption.
The political will for change, which already exists at the Federal Supreme Court, will have been transmitted to the state level and will be supported by a critical mass of judges of all levels.
After adapting the draft Federal Action Plan to the concrete situation and requirements within three pilot states, UNODC will have supported the implementation and monitoring at the state level. The lessons learned in this process will have led to the identification of best practices and the refinement of the existing action plans. The exercises gained through the conduct of the assessment, the implementation and the monitoring of the action plans will have provided a solid basis for further actions to strengthen judicial integrity and capacity on a broader scale, both at the federal and state level. Ultimately, this will contribute substantially to forming the basis for a re-establishment of the rule of law in the country.
Project Risks
The main project risk consists of the eventually fading political will within the judiciary to combat corruption within its ranks. This risk is partially contained because of the strong and credible commitment of the chief justice and the supreme court and the broad involvement of other stakeholders who will exercise a certain friendly pressure to maintain the political will. Also, an eventual replacement of the current chief justice with a candidate less committed to the fight against corruption could most likely be compensated for by the remaining members of the supreme court.
As far as the activities at the sub-national level are concerned, it is difficult to foresee to what extent the political commitment will be equally strong on the national level. However, it is most likely that one of the criteria for the choice of the pilot states will be the readiness of the respective chief justices to strengthen judicial integrity and capacity and to fight judicial corruption with vigour.
Project Reviews: Reporting and Evaluation
The final Progress Performance Evaluation Report (PPER) will evaluate the actual impact of the project, in particular:
-
The quality of federal and state level action plans, specifically with regard to the level of detail, the clear establishment of responsibilities, timeframes and the assessment of human and financial resources needed.
-
The number and amounts of donor contributions made or pledged in support of the implementation of the action plans, both at the Federal and State levels.
-
The level of commitment in terms of allocation of resources, both human and financial, to the implementation of the single activities proposed under the federal and state level action plans.
-
The impact of the single anti-corruption measures carried out within the framework of the state level action plans, specifically in terms of increased awareness of all stakeholders with regard to levels, types, locations, costs and effects of, as well as remedies against, judicial corruption.
-
The amount of activities undertaken by the judiciaries within the three pilot states in execution of the respective action plans developed under this project.
-
The successful implementation of the project activities resulting in the project outputs.
-
Bi-annual progress reports to be issued according to the outputs envisaged in the project and financial monitoring records of expenditures.
Back to projects page.
| |
