Unmasking the Facades: Examining the Effectiveness of the Anti-Corruption and Transparency (ACTU) Unit of the National Commission for Persons with Disabilities

Unmasking the Facades: Examining the Effectiveness of the Anti-Corruption and Transparency (ACTU) Unit of the National Commission for Persons with Disabilities

Unmasking the Facades: Examining the Effectiveness of the Anti-Corruption and Transparency (ACTU) Unit of the National Commission for Persons with Disabilities

Cogent reasons why Chief Ayuba Gufwan- the Executive Secretary of the National Commission of Persons with Disabilities must restructure the NCPD, request and collaborate for a Forensic Audit of the past administration to be carried out in Collaboration with the Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changers while maintaining an open and transparent administration of all his dealings in the National Commission of Persons with Disability.

N/B: The critical question, which will be addressed in our next publication, is: What role did the members of the 9th and 10th House Standing Committees knowingly or deliberately play in conspiring to sabotage their constitutional oversight powers, thereby neglecting the plight of over 35.5 million persons with disabilities and Nigeria as a whole during the tenure of James Lalu (referred to as the “Evil PWD Genius”) as the Executive Secretary of the National Commission for Persons with Disabilities?

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By Job Napoleon aka Hurricane

Convener: Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changer Advocates in Nigeria  

On July 18, 2024, just a month before the expiration of James Lalu’s tenure as Executive Secretary of the National Commission for Persons with Disabilities (NCPWD), he hastily inaugurated and inducted the Anti-Corruption and Transparency Unit (ACTU) within the Commission. This move, according to James Lalu, was in line with the Federal Government’s resolve to establish accountable and transparent structures across all Ministries, Departments, and Agencies. To us, the 35.5 million Nigerians with disabilities, James Lalu’s actions appeared to be a calculated and strategic attempt to knowingly or deliberately obstruct investigations, conceal valid and verifiable information, and impede justice.

The ACTU’s stated mandate was to support the management in promoting a transparent workforce. It was tasked with duties such as conducting system studies, reviewing processes, sensitizing staff on corruption, developing and implementing a Code of Ethics, monitoring budget implementation, implementing the Ethics and Integrity Compliance Scorecard, and undertaking preliminary investigations into complaints. During the induction ceremony, Barrister Ikem Uchegbulam, the ACTU Chairman, along with his team, pledged to execute these roles with integrity and commitment.

In available law suits, it shows that Barrister Uchegbulam, a lawyer with a disability, is alleged to have conspired with a notorious criminal, Alhaji Ilasu, whose case is still pending in court. As a result of his involvement, his account was frozen, and his salary was stopped by law enforcement agents (ICPC). However, he attempted to evoke sympathy by using his condition as a person with a disability to obstruct justice. Despite his questionable record, he was entrusted with the critical responsibility of ensuring transparency and accountability within the system (NCPWD). It is disheartening that a few lawyers with disabilities in Nigeria have adopted a pattern of hiding behind their disability and professional status to obstruct justice, thereby violating the Legal Professional Ethics of the Nigerian Bar Association.

Unsurprisingly, the performance of the Anti-Corruption and Transparency Unit (ACTU) under James Lalu’s leadership was dismal, largely due to Barrister Uchegbulam’s role. If Barrister Ikem, with such a past, continues to oversee this unit, the current administration of the NCPD is doomed to fail. As the saying goes, “He who comes to equity must come with clean hands,” and one cannot expect accountability from someone with a tainted history.

We, the Pioneers, demand that Barrister Uchegbulam provide a full explanation of his involvement, including any concealment of facts and efforts to absolve himself of wrongdoing.

This case highlights a broader systemic issue: the implementation of national laws in Nigeria is hindered when individuals with disabilities are allowed to escape justice for criminal actions under the guise of their disability. Worse still, these individuals are often recycled into positions of authority without the government obtaining proper clearance from law enforcement agencies.

Such practices severely undermine Nigeria’s ability to address critical challenges, including insecurity, terrorism, kidnapping, banditry, irreconcilable community disputes, food insecurity, and the creation of a toxic, stressful, and unsafe environment. Moreover, these systemic flaws impede the successful implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Nigeria’s Discrimination Against Persons with Disabilities (Prohibition) Act of 2018, the National Commission for Persons with Disabilities (NCPD), the Sustainable Development Goals (SDGs), the 2030 Agenda, and state-level disability rights laws.

Addressing these issues is essential for Nigeria to achieve lasting solutions and build a more inclusive and just society.

Unfortunately this among others are the challenges the administration of President Tinubu inherited.

Despite the inauguration and induction of members of the ACTU, the administration of James Lalu was marked by significant allegations of corruption, misappropriation, and abuse of office. This raises critical questions: What were the ACTU and National Human Rights Commission doing while these practices persisted? Where was its commitment to transparency and integrity? Why was the Commission not audited as mandated by the National Disability Act of 2018?

The eventual removal of James Lalu by President Bola Ahmed Tinubu was a significant relief for the Nigerian disability community. As Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changer Advocates, we take pride in being truth speakers and proactive leaders who were directly involved in advocating for justice and institutional reforms that led to the refusal of James Lalu’s second-term ambition.

Our efforts included high-level roundtable negotiations with Abubakar Malami (SAN), the Attorney General of the Federation (AGF), and the Minister of Justice under President Muhammadu Buhari’s administration, to locate and advance the missing disability bill. We further engaged with the leadership of the 8th National Assembly of Nigeria (2015–2019), specifically Senate President Senator Dr. Bukola Saraki (June 9, 2015 – June 11, 2019) and Speaker of the House of Representatives Hon. Yakubu Dogara, to ensure the bill was signed into law. Thanks to Kpakpando Foundation, The Distinguished Senator Osita Izunaso, its Director General, Mrs. Patricia Ovuoke Oseh, Lady Omotunde Ellen Thomson, BoT Life-Chairperson of the Joint National Association of persons with Disabilities (JONAPWD-National), which is the umbrella body Organization of over 35.5 million Nigerians with Disabilities,  Chief Eric Ndubueze Ufom, President/CEO Equal Rights for Persons with Disabilities International, Inc (ERPWDI) (aka Equal Rights for Persons with Disabilities Initiative (ERPWDI) and its former Executive Secretary, Late Mrs. Ngozi Pauline Ikebuaku for this great historical achievement and legacies.

In addition it is these same Pioneers, who wrote and followed up with the Office of the Head of the Civil Service of the Federation to facilitate the establishment of the National Commission for Persons with Disabilities (NCPWD). Our advocacy extended to the 9th National Assembly, where we pressed for the establishment of the House Standing Committee on Disability.

Through our Diaspora leaders, led by the indefatigable Chief Eric NdubuezeUfom, the Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changer Advocates intensified global awareness about the plight of persons with disabilities in Nigeria. We wrote to world leaders, including the Catholic Pope at the Vatican, urging them to pressure President Muhammadu Buhari to assent to the bill that eventually became the National Disability Act of 2018.

This advocacy led to President Buhari hastily assenting to the bill, albeit through an informal verbal announcement, a gesture we, as Pioneers, found deeply disappointing. Such treatment underscored the continued marginalization of disability issues in Nigeria and the persistence of the outdated charity-model approach rather than treating persons with disabilities as subjects with inalienable rights, as enshrined in the UN Convention on the Rights of Persons with Disabilities (UN CRPD).

We remain committed to advocating for a paradigm shift in how disability matters are addressed, emphasizing dignity, rights, and inclusion in all facets of governance and society.

However, we remain deeply grateful to President Tinubu for responding to our letters and intervening to address the mismanagement within the NCPWD. His action underscores his commitment to transparency, accountability, and the well-being of the disability community in Nigeria.

The Convener of the Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changer Advocates – Job Napoleon Agbor, a forensic accountant and disability advocate, worked tirelessly to expose the irregularities in the NCPWD under Lalu’s leadership. Alongside Lady Omotunde Ellen Thomson, BoT Life-Chairperson of the Joint National Association of Persons with Disabilities (JONAPWD-National), which is the umbrella body Organization of 35.5 million Nigerians with Disabilities  Chief Eric Ndubueze Ufom, President/CEO Equal Rights for Persons with Disabilities International, Inc (ERPWDI) (aka Equal Rights for Persons with Disabilities Initiative (ERPWDI) and early advocates from Plateau State, Agbor’s efforts contributed to the refusal of Lalu’s reappointment. Allowing Lalu to remain in office could have further entrenched corrupt practices within the Commission.

Disappointingly, the new Executive Secretary, a legal luminary, and philanthropist, has retained members of the ACTU who were implicated in the concealment of past corrupt practices. The Pioneers of Nigeria’s National and International Disability Civil Rights Movement and Policy Changer Advocates were the first to pay a courtesy visit to the new Executive Secretary on August 18, 2024. A detailed report outlining the inherited challenges and a proposed way forward was later submitted. However, to date, there has been little evidence of significant action to rectify the past administration’s failings.

As advocates for transparency and justice, we insist on a forensic audit of the NCPWD to uncover and address the corruption of the previous administration. The Commission cannot move forward while retaining individuals complicit in past wrongdoings, so the leadership of the Anti-Corruption and Transparency Unit (ACTU) must be reviewed if up to date this has not been done. Their scorecard must also be published for all persons with disabilities to see. Furthermore, the Commission’s website must be updated to disclose adequate information about its operations, budgets, and dealings, ensuring transparency in line with President Tinubu’s administration’s accountability mantra.

The pioneers of Nigeria’s disability civil rights movement remain resolute. We will continue to demand transparency, accountability, and justice for the more than 35.5 million persons with disabilities in Nigeria. The NCPWD must transform into an institution that serves as a beacon of integrity and inclusion. If immediate steps are not taken, we will intensify our advocacy efforts to ensure that the voices of persons with disabilities are heard and their rights upheld. The fight for transparency is far from over, and we stand committed to seeing it through.

We hereby call on Nigeria’s Auditor-General and Accountant-General of the Federation, along with law enforcement agencies—including the National Security Adviser (NSA), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS), the Inspector-General of Police (IGP), and others—to collaborate with us without delay in conducting a comprehensive four-year forensic audit of the National Commission for Persons with Disabilities (NCPD). This audit is imperative to put an end to the ongoing corruption, fraud, and mismanagement of funds within the commission. Failure to address these issues will only perpetuate and exacerbate insecurity, terrorism, banditry, kidnapping, irreconcilable community disputes, and the creation of a toxic, stressful, and traumatic environment, leading to widespread post-traumatic stress disorders (PTSD) and a deadly societal landscape in Nigeria which women and persons with disabilities are worst victims as stated by Murray & Nimr (2022) (United States Institute of Peace).

It is time to act decisively to ensure accountability and transparency, creating a foundation for sustainable peace, security, and development in the nation.

Strictly the opinion of the convener

Job Napoleon Agbor, ACFE, B.Sc., M.Sc., MBA, Ph.D. in view: Forensic Accounting and Investigation (aka Hurricane), Critical stakeholder/Members of APC (Etomi ward in Etung LGA of Cross River State, Nigeria)

Convener: 

Pioneers of National & International Civil Rights Movement and Policy Changers in Nigeria

Phone: +234 (705) 844-7521, Email: jobnsoragbor53@gmail.com

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