Methodology

Introduction

The Federal Republic of Nigeria (FRN), United States of America and the Bailiwick of Jersey (collectively referred to as the “Parties”) signed an Asset Agreement on February 3, 2020 in order to enable a transparent and efficient repatriation of assets for the benefit of the people of Nigeria. The Parties agreed that the forfeited assets shall be used exclusively for the purpose of financing the projects set out in Article 6 of the Asset Agreement and further described in Schedule 1 (the Projects), the payment of fees of the Monitoring Civil Society Organization (CSOs) and the independent designated auditor. The Projects are defined as: (a) the Lagos to Ibadan Expressway; (b) the Abuja to Kano Road; and (c) the Second Niger Bridge. The implementing agency for the Asset Agreement for the FRN is the Nigeria Sovereign Investment Authority (NSIA).

Pursuant to the Asset Agreement, the Government of the Federal Republic of Nigeria agreed to engage CLEEN Foundation as the Monitoring CSO to provide ongoing monitoring of the implementation of the Projects. The Monitoring CSO would be required to design and implement a robust and transparent monitoring program to ensure that the Projects are in compliance with the obligations in Article 3 (“Scope”) and Article 16 (“Anti-corruption”) in the Asset Agreement.1 As stated in the RFP, the key objectives of the Monitoring CSO have been summarized into the following broad categories:

 

  1. Providing robust monitoring of the Projects to ensure that corruption, other crime, ineligible expenditures, as defined in Article 1 of the Asset Agreement, or misuse of the Forfeited Assets is prevented;
  2. Providing mechanisms whereby any act of corruption, other criminality, ineligible expenditures, or misuse of the Forfeited Assets is immediately discovered and reported in accordance with the terms of the Asset Agreement and applicable laws, and recommending any appropriate remedial action;
  3. Monitoring the obligations in the Asset Agreement to ensure they are complied with;
  4. 4. Ensuring that the monitoring of the Projects is transparent and accessible to the Parties and to the public;
  5. Maintaining adequate communication with the public with regard to the administration of the Forfeited Assets and maintaining public confidence in the administration of the Forfeited Assets.

 

 The proposed engagement shall be on an annual basis and renewable each year until the Recovered Assets have been spent and the Monitoring CSO’s responsibilities have been completed.

The CLEEN Consortium drives this methodology/ Approach through:

  • Building a diverse technical team that is grounded in the various subject matters that are required on this engagement. Our team members have substantial experience in several fields including but not limited to the following areas: infrastructure projects, civil engineering, anti-corruption compliance, anti-human trafficking compliance, auditing and procurement.
  • Establish effective collaborative protocols to aid the flow of information and data between the CLEEN Foundation team, the Project Monitoring Team, the Nigeria Sovereign Investment Authority, independent designated auditor, and another relevant stakeholders.
  • Optimize the use of analytical tools and technology to gather, cleanse, analyze, and communicate the results of the various analytical procedures that would be performed.
  • Timely and effective communication of results of the various monitoring activities.

 

 

Understanding the Project

The Federal Republic of Nigeria (FRN), United States of America and the Bailiwick of Jersey (hereinafter the Parties) signed the Asset Agreement on 3rd February in order to enable a transparent and efficient repatriation for the benefit of the people of Nigeria. The Agreement sets out the basis and mechanisms for the transfer of the forfeited assets.

The Forfeited assets shall be used exclusively for the purpose of the financing the projects set out in Article 6 of the Agreement and further described in Schedule 1 (the Projects), the payment of fees of the Monitoring Civil Society Organization (CSOs) and the independent designated auditor.

The projects are defined as: (a) the Lagos to Ibadan Expressway; (b) the Abuja to Kano Road; and (c) the Second Niger Bridge (and as set out in the Agreement and the Schedules)

The implementing Agency for the agreement for the FRN is the Nigeria Sovereign Investment Authority (NSIA – https://nsia.com.ng/) The NSIA was established by the Nigeria Sovereign Investment Authority (Establishment etc.) Act 2011 as an independent investment institution governed by a board of directors and operating under transparency guidelines and a Corporate Governance Framework that is aligned with the Santiago Principles (a voluntary set of principles and practices developed by the International Working Group of Sovereign Wealth Funds).

 

Pursuant to the Agreement, the Government of the Federal Republic of Nigeria has agreed to engage a Monitoring Civil Society Organization (s) (‘the Monitoring CSO (s)’) to provide ongoing monitoring of the implementation of the Projects.

Skills and Experience of the Monitoring CSO (CLEEN Foundation)

The Monitoring CSO is required to have skills and experience in the following areas:

(a) Substantial Infrastructure Projects

(b) Civil Engineering

(c) Anti-corruption Compliance

(d) Anti-Human Trafficking compliance

(e) Auditing

(f) Procurement

 Primary Tasks and Responsibilities

CLEEN Foundation in approaching this methodology is performing the following tasks:

Specifically, the engagement of the Monitoring CSO (s) shall be for the design and implementation of a robust and transparent monitoring program that shall include:

(a) Receiving the documents referred to in Article 8 (9) of the Agreement;

(b) Conducting relevant site visits (including unannounced site visits);

(c) Compiling and publishing regular reports. Such reports shall be at least quarterly (‘the CSO Reports’) and shall be provided to the Competent and Implementing Authorities of the Parties; and

(d) Compiling and publishing a final report (‘the CSO Final Report’) within three (3) months of the NSIA Final Report. Such report shall be provided to the Competent and Implementing Authorities of the Parties.

 

The primary focus of the Monitoring CSO (s) shall be on compliance with applicable anti-corruption laws and regulations, international anti-corruption standards, and the Agreement, including its Schedules. In particular, the Monitoring CSO (s) shall focus attention on compliance with the obligations in Article 3 (‘Scope’) and Article 16 (‘Anticorruption’) in the Agreement. However, the Monitoring CSO (s) shall also provide monitoring with respect to any other criminal activity such as human trafficking, in addition to compliance with applicable laws and regulations, especially those protecting vulnerable members of society.

 

CLEEN Foundation is implementing a robust and transparent Monitoring Programme which include:

  1. Receiving the documents referred to in paragraph 8 of Schedule 7 (having regard to the disclosure provisions in Article 10 of the Agreement);
  2. Conducting regular site visits;
  • Compiling and publishing regular reports. Such reports shall be at least quarterly and shall be provided to the Competent and Implementing Authorities of the Parties to the Agreement; and
  1. Compiling and publishing a final report within 3 months of the NSIA Final Report (as defined in the Agreement). Such report shall be provided to the Competent and Implementing Authorities of the Parties to the Agreement.

 

  Scope of Services;

The Services will cover Lagos to Ibadan Expressway, the Abuja to Kano Road, and the Second Niger Bridge. It will also require participation in consultation and project management meetings.

Conclusion

The methodology for the provision of services shall be through monitoring, evaluation, and review of engineering designs, analysis of documents and construction work, review of compliance with anti-corruption laws, anti-human trafficking laws and practices, auditing of financial records and confirmation of appropriate use of funds, as well as review of procurement procedures for materials used in the construction of the major infrastructures.