Develop an accounting system that can identifies possible infringements and informs employees of what to
do about suspicious transactions.
Introduce standard wording in contracts to confirm third
Ensure that employees are aware of their reporting obligations to the firm and
what actions to take if approached to make or accept a bribe.
Consider systems for due diligence on appointment of
agents/joint venture partners/intermediaries, including relevant termination
Ensure continuous anticorruption training for those
who are in a position to make or receive a bribe on
behalf of the company.
Payment made to a public official as an inducement to perform a function which they would or should
normally carry out as part of their job. Regrettably, this has come to
be regarded as an essential part of doing business in Nigeria.
Although facilitation payments have already been abolished in the
U.K, what the Bribery Act does is to extend this abolition to companies outside the U.K who carry on some part of their businesses
within its borders. The guidance to the Act indicates that where company managers make payments to „speed up‟ the perform-
ance of a function or activity to which they are already legally entitled, they and their companies could face prosecution.
Impact on Business
The U.K. Bribery Act will have a significant impact on the activities
of local companies as well as U.K based or U.K connected companies doing business in Nigeria.
Many of the payments abolished under the Act are considered to be a part of regular business practice in Nigeria and companies will
soon face the significant problem of choosing between promoting their businesses and being prosecuted for violating the provisions
of the Act.
A potential consequence of this provisions is that given the worldwide use of facilitation payments, businesses not connected to the
U.K may enjoy a competitive advantage going forward than their U.K. connected counterparts.
What companies may wish to
The following are some of the
internal procedural adjustments
which companies might want to
consider undertaking to avoid
violating the provisions of the Act:
Carry out a risk assessment to identify areas where the com-
pany is vulnerable to bribes.
Develop and codify an extensive internal anti-corruption policy.
Write/review all hospitality and promotional expenses. This
includes charitable donations, political contributions, facilita-
tion payments etc. While the reality of Climate
Change is hardly new in Lagos, as a subject of policy and potential
legislative intervention it represents an entirely novel develop-
ment. Nevertheless, given its likelihood to dominate headlines
into the foreseeable future, shape business activities and rewrite the
terms of environmental sustainability, a widening arc of stake-
holders are compelled to tak note.
Happily enough, there is still a chance to press the reset button
and ride on the tails of the growing, albeit slowly, Climate Change
awareness. Now in its third edition, Lagos State government has
convened an annual Climate Change summit to drive the train
of the needed intervention required to generate capacity to
reduce the State‟s vulnerability to Climate Change. With trees being
planted rapidly and long forgot ten parks being refurbished; La-
gos is trying to grow a green sheen. To the credit of the State
Government, as at press time, it has a draft policy on Climate
Change Adaptation and Mitigation strategies. Drawing inspira-
tion from both the United Nations Framework Convention on
Climate Change and the Kyoto Protocol, the draft policy docu-
ment is an ambitious wish-list of how the Lagos State government
intends to migrate beyond the monthly state-wide last Saturday
sanitation exercises and radically reorder the face of social infra-
structure and public health In broad terms, it seeks to cut
Greenhouse gas emissions in favour of cleaner alternative
sources of energy and promote sustainability.None of these
would ever be easy in an oil producing country like Nigeria.
Yet some of the challenges being
faced with mainstreaming Climate Change into concrete policy
therefore, the resort to (petrol or diesel powered) generators and
private water supply is indispensable. The resulting conse-
quence of both the topography and demographic situation of
Lagos State means that it is increasingly vulnerable to dis-
ruptions in economic activities and in particular to food sup-
ply, disease, unrelenting pressure on public infrastructure
and services, lapses in social cohesion and order among
many other signs of urban distress. The jaded Lagosian is
grudgingly reconciled to this all too familiar landscape which is
silently conflating into potentially dangerous problems for
Of the many things which Lagos, Nigeria‟s commercial capital, is
known for, being a green city is sadly not one of them. Lagos is
below sea level and prone to periodic flooding and coastal erosion.
It retains the highest population density in Nigeria and suffers from
years of bizarrely lax urban planning, massive infrastructural defi-
cits, poor waste management, a chaotic transport system and unre-
liable power supply. Yet it remains a destination of choice for many
migrants within Nigeria. As a shoreline state, concerns remain
about the rate of land reclamations and whether their lasting impact
has been thoroughly considered.