NATIONAL ANTI-CORRUPTION NATIONAL ANTI-CORRUPTION LAWS AND THE YOUTHSLAWS AND THE YOUTHS

BYBY

ADENEKAN SHOGUNLEADENEKAN SHOGUNLE

ATAT

NATIONAL CONFERENCE ON YOUTH NATIONAL CONFERENCE ON YOUTH AGAINST CORRUPTIONAGAINST CORRUPTION

VENUEVENUEAFRICA HALL, INTERNATIONAL CONFERENCE CENTREAFRICA HALL, INTERNATIONAL CONFERENCE CENTRE

ABUJAABUJA

24-26 NOVEMBER, 201524-26 NOVEMBER, 2015..

Apr 21, 2023Apr 21, 2023 SHOGUNLE@BENUE 2012 2

FOOD FOR THOUGHTFOOD FOR THOUGHT

““KEEPING AN KEEPING AN AVERAGE AVERAGE

NIGERIAN FROM NIGERIAN FROM CORRUPTION IS CORRUPTION IS LIKE KEEPING A LIKE KEEPING A

GOAT FROM GOAT FROM EATING YAM!”EATING YAM!”

- WEEKLY STAR,WEEKLY STAR,- 1515THTH MAY, 1983, P.1 MAY, 1983, P.1

04/21/23 .

2

Apr 21, 2023Apr 21, 2023 3

THREE BROAD OBJECTIVES:THREE BROAD OBJECTIVES:

1.1. WHAT IS CORRUPTION?WHAT IS CORRUPTION?

2.2. HOW ARE WE AFFECTED BY HOW ARE WE AFFECTED BY CORRUPTION?CORRUPTION?

3.3. WHAT CAN WE DO ABOUT WHAT CAN WE DO ABOUT CORRUPTION?CORRUPTION?

SHOGUNLE@BENUE 2012.

Who is a youth?Who is a youth?

The condition or quality of being The condition or quality of being young;young;

- Dictionary.com- Dictionary.com

Apr 21, 2023

Apr 21, 2023Apr 21, 2023

NATIONAL ANTI-CORRUPTION LAWS NATIONAL ANTI-CORRUPTION LAWS CFRN 1999 as amendedCFRN 1999 as amended ICPC Act 2000ICPC Act 2000 Economic and Financial Crimes Commission (Establishment) Act 2004Economic and Financial Crimes Commission (Establishment) Act 2004 Advance Fee Fraud and Other Related Offences Act 2006Advance Fee Fraud and Other Related Offences Act 2006 Money Laundering Prohibition Amendment Act 2012Money Laundering Prohibition Amendment Act 2012 Miscellaneous Offences ActMiscellaneous Offences Act Code of Conduct ActCode of Conduct Act Nigerian Extractive Industries Transparency Initiative ActNigerian Extractive Industries Transparency Initiative Act Freedom of Information Act 2011Freedom of Information Act 2011 Fiscal Responsibility ActFiscal Responsibility Act Public Procurement ActPublic Procurement Act Penal Code LFN 2010Penal Code LFN 2010 Criminal Code LFN 2010Criminal Code LFN 2010 Banks and Other Financial Institutions Act 1991Banks and Other Financial Institutions Act 1991 Failed Banks (Recovery of debts and other financial malpractices in banks Failed Banks (Recovery of debts and other financial malpractices in banks

(Amendment) Act, 1994(Amendment) Act, 1994 National Agency for Prohibition of Trafficking in Persons ActNational Agency for Prohibition of Trafficking in Persons Act National Drug Law Enforcement Agency ActNational Drug Law Enforcement Agency Act National Agency for Food and Drugs Administration and Control Act.National Agency for Food and Drugs Administration and Control Act.

Apr 21, 2023

ICPC Act, 2000ICPC Act, 2000

Provides for;Provides for;

a youth not being less than 21 or a youth not being less than 21 or more than 30 years of age at the more than 30 years of age at the time of his or her appointment; time of his or her appointment; to be to be on the Management Board of the on the Management Board of the Commission.Commission.

--SECTION 3(F) ICPC Act, SECTION 3(F) ICPC Act, 2000 2000 

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So what is So what is CorruptionCorruption??

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POPULAR TERMS FOR POPULAR TERMS FOR CORRUPTION IN NIGERIACORRUPTION IN NIGERIA

EgunjeEgunje Goro Goro Chuwa chuwaChuwa chuwa Welfare, P. R., Welfare, P. R., ‘Logistics’ ““Sorting” Sorting” Family Support Family Support ‘‘Ghana Must Go’, Ghana Must Go’, Brown envelope (kwa)Brown envelope (kwa) ‘‘Pure water’Pure water’ ‘‘Uncommon blessing’Uncommon blessing’ ““JAAC”JAAC”

‘Scratch my back …’

‘I. M. ‘Bottom power’ ‘Settlement’ ‘Na kashin miya’ ‘Long leg’ Roja ‘Make we go ‘see’

am’ “At all, at all….” ‘419’ Yahoo yahoo

Apr 21, 2023Apr 21, 2023

STATUTORY DEFINITION OF STATUTORY DEFINITION OF CORRUPTIONCORRUPTION

‘‘Includes bribery, fraud and other Includes bribery, fraud and other related offences’related offences’

-Section 2 of ICPC Act, 2000.-Section 2 of ICPC Act, 2000.

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NATURE OF CORRUPTIONNATURE OF CORRUPTION

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Corruption Corruption is the abuse of office for private gain – where is the abuse of office for private gain – where office is a position of trust conferring authority to act on office is a position of trust conferring authority to act on behalf of an institution; behalf of an institution;

It thrives in an atmosphere of operational secrecy, wide It thrives in an atmosphere of operational secrecy, wide discretionary powers without commensurate oversight and discretionary powers without commensurate oversight and cumbersome procedures;cumbersome procedures;

CorruptionCorruption is a major threat to organizational and national is a major threat to organizational and national development;development;

It is an organised crime; not a crime of passion or “one man It is an organised crime; not a crime of passion or “one man show”;show”;

Pervasive corruption in the Public Service is an unethical Pervasive corruption in the Public Service is an unethical response to lax systems, weak enforcement, inadequate response to lax systems, weak enforcement, inadequate remuneration, insecurity of tenure, bleak retirement remuneration, insecurity of tenure, bleak retirement prospects, etc;prospects, etc;

Difficult to distinguish victims; hence hardly reported; Difficult to distinguish victims; hence hardly reported; Not native to Nigeria!Not native to Nigeria! Developmental issue.Developmental issue.

Apr 21, 2023Apr 21, 2023

CLASSIFICATION OF CORRUPTION

Grand corruption: Huge amounts of money are involved. Money is diverted through Contract Inflation, Kickbacks, Falsification of records, fictitious projects, etc. It involves top level/ management staff, top government officials, etc. Amounts diverted at this level run into millions of Naira and it contributes in impoverishing the masses.

Petty corruption/ ‘Street-level corruption : This includes routine acts of corruption carried out by civil servants, law enforcement officers, artisans (motorists, motor mechanics, market women etc.) who deal in small-scale activities and small amounts of money. However, it gives the nation a bad name because of the high prevalence and perversion of due process in official process.

ECONOMIC

ACADEMIC

RELIGIUOS

JUDICIAL

BUREAUCRATIC OR ADMINISTRATIVE

POLITICAL

CORRUPTION

BASIC FORMS OF CORRUPTION IN THE WORKPLACEBASIC FORMS OF CORRUPTION IN THE WORKPLACE

‘‘Commission’ for illicit services;Commission’ for illicit services; Unwarranted fees for public services;Unwarranted fees for public services; ‘‘Gratuity’;Gratuity’; Speed money;Speed money; String pulling – nepotism, cronyism, String pulling – nepotism, cronyism,

godfatherism; etcgodfatherism; etc The levy;The levy; Misappropriation; illegal virement, etcMisappropriation; illegal virement, etc Outright stealing; ghost workers, fake Outright stealing; ghost workers, fake

contracts.contracts.

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CORRUPTION:VOLUME,PATTERNS

AND TRENDS

FROM 1960-DATE

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VOLUME• IT WAS NOT POSSIBLE TO MEASURE THE VOLUME OF

CORRUPTION IN NIGERIA BECAUSE THERE WAS NO CONSCIOUS EFFORT

• HOWEVER WORLD BANK ESTIMATES • THAT AN ESTIMATED $300 BILLION DIVERTED SINCE

1960-DATE• 80% OF COMPANIES PAY BRIBES TO OBTAIN PUBLIC

CONTRACTS IN NIGERIA• DROP IN GLOBAL RATING OF NIGERIAN UNIVERSITIES • NUC PUBLISHED A LIST OF 62 ILLEGAL DEGREE AWARDING

INSTITUTIONS • FAKE AND PARALLEL NYSC ORIENTATION CAMPS• TRANSPARENCY INTERNATIONAL: CPI • ICPC STARTED A RATING OF PUBLIC INSTITUTIONS IN 2005

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PATTERNS AND TRENDS:1960-DATE

• 1960-70: 10% KICK BACKS, TRIBALISM, NEPOTISM• 1970-80s: IMPORT RACKETEERING• 1980-90s: 419, FAKE AND SUBSTANDARD DRUGS

AND PRODUCTS, ‘SETTLEMENT’, ‘FAILED CONTRACTS’, ‘FAILED BANKS’ WONDER BANKS’ MONEY LAUNDERING, DUMPING OF TOXIC WASTES AND PRODUCTS,DRUGS AND HUMAN TRAFFICKING, EXAMINATION MALPRACTICES, etc

• 1990-2000s: CULTISM, ‘GOD-FATHERISM’ ELECTION RIGGING, THUGGERY, FAKE DEGREES, ASSASSINATIONS, “GHANA MUST GO BAGS’ SYNDROME, ETC;

• 2000s-…. KIDNAPPING, TERRORISM, OIL BUNKERING, CYBERCRIMES, INSECURITY, ETC

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HOW ARE WE AFFECTED HOW ARE WE AFFECTED BY CORRUPTION?BY CORRUPTION?

NIGERIA RATED AS MOST CORRUPT IN THE NIGERIA RATED AS MOST CORRUPT IN THE WORLD IN YEAR 2000WORLD IN YEAR 2000

CONSISTENTLY 2CONSISTENTLY 2NDND FROM 2001-2005 FROM 2001-2005 66THTH IN 2006 IN 2006 3232NDND IN 2007 IN 2007 5959THTH IN 2008 IN 2008 5OTH IN 20095OTH IN 2009 4444THTH IN 2010 IN 2010 4040THTH IN 2011 IN 2011 4141stst in 2012 in 2012 3333rdrd in 2014 in 2014

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RESULT OF OVER FIFTY FIVE YEARS OF CORRUPTION IN

NIGERIA:1960-date• Under development;• Discredits institutions;• Instability, Insecurity• Unemployment• Low productivity• Low morale, kills patriotism• Widening gap between rich and poor• Unbridled crime rate • Brain drain; capital flight;• Apathy towards government, etc

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INTERNATIONAL REACTIONINTERNATIONAL REACTION

Labeling and stigmatizationLabeling and stigmatization Stereo-type reaction to all NigeriansStereo-type reaction to all Nigerians IsolationIsolation Low foreign direct investmentLow foreign direct investment Low credibilityLow credibility Instigation of internal crisisInstigation of internal crisis Massive exploitation of human and natural Massive exploitation of human and natural

resourcesresources

(C) E. A. SHOGUNLE, ESQ.

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MAY 1999: NIGERIA AT THE CROSS ROADS…

• FOR SIX YEARS RATED CONSISTENTLY AS ONE OF THE MOST CORRUPT NATIONS OF THE WORLD

• THREATS OF SANCTIONS• HARRASSMENTS AND EMBARRASSMENTS• LACK OF CREDIBILITY• LOW FOREIGN DIRECT INVESTMENT• LACK OF INFRASTRUCTURE• LACK OF PATRIOTISM• LOW PUBLIC MORALE

Apr 21, 2023Apr 21, 2023

WHAT CAN WE DO ABOUT WHAT CAN WE DO ABOUT CORRUPTION IN NGERIA?CORRUPTION IN NGERIA?

Apr 21, 2023 SHOGUNLE@BENUE 2012 20

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PREVIOUS EFFORTS AT PREVIOUS EFFORTS AT FIGHTING CORRUPTIONFIGHTING CORRUPTION

Commissions of Enquiry Commissions of Enquiry – – Yakubu Gowon RegimeYakubu Gowon Regime -1960s--1960s-

1970s1970s Corrupt Practices Investigation Bureau (CPIB) Corrupt Practices Investigation Bureau (CPIB)

and Tand The Jaji Declaration --MURTALA –OBASANJO REGIME --MURTALA –OBASANJO REGIME – –

1977/81977/8 Ethical Revolution, -- SHAGARI REGIMEEthical Revolution, -- SHAGARI REGIME - -

19831983 Recovery of Government Property Tribunals,Recovery of Government Property Tribunals,

-- BUHARI-IDIAGBON REGIME-- BUHARI-IDIAGBON REGIME - - 1984/51984/5

WAI-War Against Indiscipline -BUHARI-IDIAGBON REGIME- WAI-War Against Indiscipline -BUHARI-IDIAGBON REGIME- 1984/51984/5

MAMSER-NOA, -- BABANGIDA REGIMEMAMSER-NOA, -- BABANGIDA REGIME - 1986-93- 1986-93 WAI-C-War Against Indiscipline and Corruption,WAI-C-War Against Indiscipline and Corruption,

-ABACHA REGIME-ABACHA REGIME -1994-98-1994-98 ICPC-EFCC- NEITI- Democratic dispensationICPC-EFCC- NEITI- Democratic dispensation -1999-DATE-1999-DATE

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CONSTANT FEATURESCONSTANT FEATURES

LEGAL STRUCTURESLEGAL STRUCTURES:: PENAL CODEPENAL CODE CRIMINAL CODE CRIMINAL CODE VARIOUS MILITARY DECREESVARIOUS MILITARY DECREES CONSTITUTIONCONSTITUTION

ADMINISTRATIVE STRUCTURES:ADMINISTRATIVE STRUCTURES: NIGERIA POLICENIGERIA POLICE CODE OF CONDUCT BUREAU AND TRIBUNAL CODE OF CONDUCT BUREAU AND TRIBUNAL PUBLIC COMPLAINTS COMMISSIONPUBLIC COMPLAINTS COMMISSION LEGISLATURELEGISLATURE JUDICIARYJUDICIARY MINISTRY OF JUSTICE (STATE AND FEDERAL)MINISTRY OF JUSTICE (STATE AND FEDERAL) MINISTRY OF INFORMATION/NATIONAL ORIENTATION AGENCY.MINISTRY OF INFORMATION/NATIONAL ORIENTATION AGENCY.

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FOOD FOR THOUGHT“ BETWEEN 1985-

2000 NO SINGLE CASE OF CORRUPTION WAS REPORTED AS PROSECUTED IN ANY NIGERIAN SUPERIOR COURT OF RECORD.”-HON. JUSTICE M.M.A. AKANBI, CFR(FORMER PRESIDENT, COURT OF APPEAL, CHAIRMAN, ICPC 2000-2005)

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NIGERIA IN SEARCH OF INTEGRITY: Key Issues

• WHAT ARE THE CAUSES OF CORRUPTION IN NIGERIA?– Natural/cultural tendencies?– Poverty/Unemployment/Low remuneration?– Impunity? – Poor leadership?

• WHAT IS THE CURE FOR CORRUPTION IN NIGERIA?– Evangelism; Prayers and supplication?– Improved welfare package? – Credible deterrence?– Mass Education and sensitization?– Good leadership?

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NIGERIA IN SEARCH OF INTEGRITY• ESTABLISHMENT OF ICPC, EFCC, NEITI, etc.• STRENTHENING OF CCB, POLICE, NHRC, etc• BUREAU OF PUBLIC PROCUREMENT• PUBLIC SERVICE REFORMS

– DOWN SIZING/RIGHT SIZING– IMPROVED WELFARE AND SALARY– NHIS– PENSION REFORMS– FISCAL RESPONSIBILITY ACT– FREEDOM OF INFORMATION ACT

• SERVANT LEADERSHIP

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MANDATE OF THE ICPC MANDATE OF THE ICPC (S. 6 (a-f) ICPC Act, 2000)(S. 6 (a-f) ICPC Act, 2000)

ENFORCEMENT MANDATE:ENFORCEMENT MANDATE:

Investigation and Prosecution of Investigation and Prosecution of CorruptionCorruption

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SAMPLE OFFENCESSAMPLE OFFENCES

( See S. 8-26 ICPC Act, 2000)( See S. 8-26 ICPC Act, 2000) Demanding/Giving/Accepting Demanding/Giving/Accepting

GratificationGratification Using office or position for Using office or position for

gratificationgratification Inflation of contractsInflation of contracts Illegal VirementIllegal Virement Award of contract without Award of contract without

budgetary provision or cash budgetary provision or cash backingbacking

Giving false information to a Giving false information to a public officerpublic officer

Making false returnsMaking false returns Acquiring private interest in Acquiring private interest in

public contractpublic contract Failing to report bribery Failing to report bribery

transactionstransactions

SHOGUNLE@BENUE 2012.

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SANCTIONSSANCTIONS The person concerned The person concerned

may loss his job or may loss his job or standing in society;standing in society;

He may be jailed; 3 He may be jailed; 3 months to 10 years.months to 10 years.

He may be barred from He may be barred from holding any public office holding any public office for a long period of time;for a long period of time;

He may be barred from He may be barred from political political participation/contest;participation/contest;

His assets may be seized His assets may be seized by the State;by the State;

His reputation is brought His reputation is brought to question and his to question and his standing before his family, standing before his family, community and society is community and society is tainted.tainted.

SHOGUNLE@BENUE 2012

PREVENTIVE MANDATEPREVENTIVE MANDATE

Systems study and review of practices Systems study and review of practices and procedures that encourage and procedures that encourage corruption;corruption;

Advising government departments on Advising government departments on ways of minimizing corruption;ways of minimizing corruption;

Educating the public on and against Educating the public on and against bribery and corruption;bribery and corruption;

Enlisting public support in the fight Enlisting public support in the fight against corruption.against corruption.

Apr 21, 2023

Apr 21, 2023Apr 21, 2023 30

SALIENT FEATURES OF ICPC SALIENT FEATURES OF ICPC ACT.ACT.

ICPC ACT DESIGNED TO PROTECT AND ASSIST THE PUBLIC ICPC ACT DESIGNED TO PROTECT AND ASSIST THE PUBLIC SERVANT TO RESIST CORRUPTION AND ABUSE OF PUBLIC OFFICESERVANT TO RESIST CORRUPTION AND ABUSE OF PUBLIC OFFICE

S. 3 (3): COMPOSITION AND MEMBERSHIP OF ICPCS. 3 (3): COMPOSITION AND MEMBERSHIP OF ICPC S.3(f): PROVIDES FOR APPOINTMENT OF A YOUTH TO THE BOARD OF S.3(f): PROVIDES FOR APPOINTMENT OF A YOUTH TO THE BOARD OF

ICPC;ICPC; S. 27 (4): PROVISION ON NON-DISCLOSURE OF CONTENTS OF PETITION S. 27 (4): PROVISION ON NON-DISCLOSURE OF CONTENTS OF PETITION

AND IDENTITY OF PETITIONERAND IDENTITY OF PETITIONER S. 8-10: PUNISHES PEOPLE WHO OFFER BRIBES TO PUBLIC OFFICERSS. 8-10: PUNISHES PEOPLE WHO OFFER BRIBES TO PUBLIC OFFICERS S. 23(1): DUTY TO REPORT BRIBERY TRANSACTIONSS. 23(1): DUTY TO REPORT BRIBERY TRANSACTIONS S. 60: ‘GIFT’ OR ‘CUSTOM’ NO LONGER A DEFENSES. 60: ‘GIFT’ OR ‘CUSTOM’ NO LONGER A DEFENSE S. 53: PRESUMPTION OF CORRUPT INTENTIONS. 53: PRESUMPTION OF CORRUPT INTENTION S. 63: INDEMNITY FOR FULL DISCLOSURES. 63: INDEMNITY FOR FULL DISCLOSURE S. 25 AND S. 64 (3) PUNISHES MAKERS OF FALSE PETITIONS- 10 YEARS!S. 25 AND S. 64 (3) PUNISHES MAKERS OF FALSE PETITIONS- 10 YEARS! FORMATION OF ACTUs IN MDAsFORMATION OF ACTUs IN MDAs REGISTRATION OF VOLUNTEERS UNDER NACVCREGISTRATION OF VOLUNTEERS UNDER NACVC

SHOGUNLE@BENUE 2012

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FOOD FOR THOUGHTFOOD FOR THOUGHT

““ICPC IS NOT JUST ICPC IS NOT JUST ABOUT JAILING ABOUT JAILING PEOPLE AND SEIZING PEOPLE AND SEIZING PROPERTY, WE ARE PROPERTY, WE ARE DETERMINED TO DETERMINED TO PROMOTE A CHANGE PROMOTE A CHANGE OF ATTITUDE IN OF ATTITUDE IN NIGERIANS. THIS IS NIGERIANS. THIS IS THE MOST CREDIBLE THE MOST CREDIBLE WAY TO FIGHT WAY TO FIGHT CORRUPTION!”CORRUPTION!”--HON. JUSTICE EMMANUEL HON. JUSTICE EMMANUEL AYOOLA, CON, JSC (Rtd).AYOOLA, CON, JSC (Rtd).

(CHAIRMAN, ICPC: 2005-(CHAIRMAN, ICPC: 2005-2010 )2010 )

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WHAT CAN WHAT CAN YOUYOUTHS DO ABOUT THS DO ABOUT CORRUPTION?CORRUPTION?

BE INFORMED ABOUT CORRUPTIONBE INFORMED ABOUT CORRUPTION DO NOT ENGAGE IN CORRUPTIONDO NOT ENGAGE IN CORRUPTION DO NOT PROTECT, ASSIST, SUPPORT DO NOT PROTECT, ASSIST, SUPPORT

OR VOTE CORRUPT PERSONS OR VOTE CORRUPT PERSONS SUPPORT ANTI-CORRUPTION SUPPORT ANTI-CORRUPTION

AGENCIES:AGENCIES: GIVE INFORMATION ABOUT GIVE INFORMATION ABOUT

CORRUPTION: REPORT TO ICPC/EFCCCORRUPTION: REPORT TO ICPC/EFCC JOIN PRESSURE GROUPS AND JOIN PRESSURE GROUPS AND

COALITIONSCOALITIONS BE VIGILANT!BE VIGILANT!

SHOGUNLE@BENUE 2012

333333

The ICPC Act 2000 is is a very beautiful piece of legislation; one of the best in the world! It is very potent if we are ready to use the powers assigned to this organization!

– Barr. Ekpo Nta

Hon. Chairman, ICPC.(ICPC Monitor Vol4 Issue 1 Oct-Dec, 2012, p.18).

DO BE CAREFUL PLEASE,

NIGERIA NEEDS YOU!