BY Innocent Anaba

LAGOS—Socio-Economic Rights and Accountability Project, SERAP, yesterday, called on the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, SAN, to prosecute 16 foreign companies allegedly involved in bribery in the country.

SERAP said it will seek leave of court for an order of mandamus to compel Mr Adoke to act, if the companies were not prosecuted “within 14 days from the receipt its request.”

The foreign companies listed in the letter to Mr Adoke are: Halliburton Co; Kellogg Brown & Root LLC (KBR); Technip SA; Snamprogetti Netherlands BV; ENI SpA;  JGC Corp;  MW Kellogg; Willbros International; Julius Berger Nigeria Plc;  Panalpina; Royal Dutch Shell Plc;  Pride International; Noble Corp; Tidewater Inc; Transocean Inc; Shell Nigerian Exploration and Production Co. Ltd; and Siemens AG.

The group’s Executive Director, Mr Adetokunbo Mumuni, in the letter to the AGF, said: “It is well-known that these foreign companies have been involved in acts of bribery and corruption in Nigeria, and had paid huge compensation in their home countries, where they have been found guilty of such practices. However, none of these companies have been prosecuted in Nigeria for those acts.

“Yet, the Nigerian people have suffered more the effects of foreign bribery. Foreign bribery has caused immense damage and devastation to the economy and to institutions of governance, and directly undermined the full and effective enjoyment of internationally recognised human rights, especially economic, social and cultural rights by the citizens.

Nigerians have not benefited from the large number of foreign bribery cases and investigations in OECD Convention countries that include allegations of bribery in Nigeria.

“It is becoming a widely accepted principle that perpetrators of foreign bribery can be prosecuted in the country as long as the harmful effect of the acts of bribery is felt within the country. This is called the ‘harmful effects’ principle.

“We believe that the lack of prosecution by the Nigerian government of the multinationals for proven foreign bribery constitutes a violation of the international legal rights of the deprived, and may itself constitute an international wrong.”

“The Appeal Court in Lesotho in a case involving the award of contracts to certain foreign companies following payment of bribery to official of Lesotho Highlands Development Authorities, LDHA, used the ‘harmful effects’ principle to assume jurisdiction over the foreign companies in Lesotho. The Supreme Court of Canada also used the same principle to exercise jurisdiction in similar cases.

“Under  Independent Corrupt Practices Commission Act (ICPC) 2000, bribery is a prosecutable offence. The ICPC Act, section 61(2), extends acts of bribery to not only acts done by a public official but any other person and is wide enough in its ambit to construe jurisdiction of prosecuting authorities to prosecute these foreign companies.

“Foreign bribery in the country has uneven consequences against the vulnerable groups of the society, including the poor, women and children, perpetrating and institutionalizing discrimination. It also jeopardizes the needs and well-being of future generations,” the group added.