Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
Niger score: 100/100
Offences are not defined; no evidence of other formal mechanisms. Or the military are exempt from law.
Bribery and/or corruption are not defined offences in law that apply to the defence sector, but there are wider legal mechanisms in place (e.g. national laws supported by policies, regulations, or other laws) used to address this.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Sanctions exist in law, but maximum penalties constitute less than 1 year imprisonment or weak fines that would not act as a deterrent.
Bribery and/or corruption are defined offences in law that clearly apply to the defence sector, but 2 or more of the following mechanisms are not provided for: offering, giving, receiving, or soliciting bribes. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
There are a range of clearly defined offences in law that clearly apply to the defence sector. These offences cover (at a minimum) offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Possible sanctions include criminal prosecution/ incarceration, dismissal, and considerable financial penalties.
The 2003 Military Penal Code (1) addresses corruption in Article 228 which states that officers found guilty of corruption, theft or general crime can be dismissed, demoted or imprisoned. The code provides for a judiciary military police that reports to the Ministry of Defence (Article 46). They are responsible for finding and following up on all infringements of the law (Article 47) at all levels of the armed forces (Article 48).
Chapter III, Section 7 of the Public Penal Code (applicable to all civil servants) also states that: “corruption and Influence Peddling will be punished with imprisonment of two to ten years and a fine of Fr 50,000-1,000,000. The law extends to persons soliciting or accepting offers, promises, gifts or presents, including being invested in an elective office, an administrative, judicial, military public official, or agent or employee of the government (Art. 130)”. The code goes on to say that, “[a]ny person who has requested or approved bids or promises, solicited or accepted gifts or presents, to obtain or attempt to receive decorations, medals, honours or awards, squares, functions or jobs or favours granted by any public authority, markets, companies or other benefits arising from treaties with the public authority or, generally favourable decision of such authority or administration, and will and abused a real or supposed influence shall be punished with imprisonment of one to five years and a fine of 50000-1000000 francs (Art. 132)”.
Therefore, both the Military Penal Code and the Public Penal Code provide legislative measures that cover various practices that could be associated with corruption, namely, offering, giving, receiving, or soliciting bribes.
1. “Loi n°2003-010 du 11 mars 2003, portant Code de justice militaire,” (Act no.2003-10 of 11th March 2003, setting out the Military Code of Justice), Journal Officiel de la République du Niger, n°6, May 5, 2003, pp. 357-384.
2. “Loi n° 2003-25 du 13 juin 2003 modifiant la loi n° 61-27 du 15 juillet 1961, portant
institution du Code penal,” (Law no.2003-25 of 13th June 2013 amending Act 61-27 of 15th July 1961, setting out the Penal Code), Journal Officiel de la République du Niger, n° 4, April 7, 2004.
Niger score: 0/100
There is a complete failure to investigate or prosecute, even in the face of clear evidence.
Instances of bribery or corruption are superficially investigated or rarely disclipined.
Instances of bribery or corruption are investigated but not often disciplined. There is clear undue influence in the decision making process.
Instances of bribery or corruption are investigated or disciplined through formal processes, but undue political influence is attempted and sometimes effective at derailing prosecutions.
Instances of bribery or corruption are investigated or disciplined through formal processes and without undue political influence.
There is very little recent public information regarding cases of security and defence personnel being involved in cases of corruption. Investigations regarding police or military officers are rare. However, they are taking place. For example, in 2014, a dozen of police officers from the passport service of the National Police had been arrested and detained at the Niamey civil prison for passport fraud, in which false passports were given to none Nigerien nationals. The director of Direction de Surveillance du Territoire (DST) (Territorial Surveillance Directorate) and his deputy were arrested.
1. Interview with Ministry of Justice employee, May 31, 2018.
2. “Affaire de faux passeports: Le directeur de la direction de surveillance du territoire DST Ouba Ibrahim et son Adjoint mis aux arrest,” (Case of false passports: the Director of the Territorial Surveillance Directorate DST Ouba Ibrahim and his deputy are arrested), A Niamey, July 22, 2014, http://news.aniamey.com/h/18880.html.
Compare scores by country
Please view this page on a larger screen for the full stats.
|Country||35a. Sanctions||35b. Enforcement|
|Algeria||100 / 100||50 / 100|
|Angola||100 / 100||75 / 100|
|Burkina Faso||100 / 100||25 / 100|
|Cameroon||100 / 100||0 / 100|
|Cote d'Ivoire||100 / 100||0 / 100|
|Egypt||25 / 100||0 / 100|
|Ghana||75 / 100||50 / 100|
|Jordan||100 / 100||25 / 100|
|Kuwait||25 / 100||0 / 100|
|Lebanon||50 / 100||NEI|
|Mali||100 / 100||0 / 100|
|Morocco||0 / 100||25 / 100|
|Niger||100 / 100||0 / 100|
|Nigeria||100 / 100||25 / 100|
|Oman||25 / 100||25 / 100|
|Palestine||100 / 100||50 / 100|
|Qatar||25 / 100||25 / 100|
|Saudi Arabia||100 / 100||25 / 100|
|Tunisia||100 / 100||75 / 100|
|United Arab Emirates||50 / 100||25 / 100|