Preamble: Broadly
speaking, Nigerians and employers of labour idolize paper qualifications, certifications
and titles at the expense of competence. It is common to see individuals indiscriminately
flaunt their academic or social attainments even when such are uncalled-for.
Permit
me to paraphrase the name, appendages of a typical Nigerian ‘bigman’: Chief
(Engr.) Dr. Alhaji Bukola Chike Abdulahi, O.N.D, HND, BSc, MSc, PhD, ACA, CPO, CPP,
MBE, MFR. Not suggesting people should not take pride in their achievements,
not bad if it’s toned down a bit, at least when it’s not necessary. How many
people know that the German Chancellor – Angela Merkel has got a PhD in Quantum
Physics or that President Obama is a lawyer, Barrister? If the duo were to be
Nigerians, they will frequently be referred to as: Dr. Angela Merkel, BSc, MSc,
PhD or Barrister Barack Obama Esq. The upshot of this fixation for certifications,
titles in Nigeria is that not to be outdone, unscrupulous fellows also tack
together, all manner of credentials through fair or foul-play, from
non-existent institutions, roadside business centres.
Nigeria’s Booming Certificate Forgery ‘Industry’
In 2005, police raid on the notorious ‘forgery capital’ of Nigeria
a.k.a Oluwole in Lagos uncovered about 4,000 Nigerian passports, 50,000 assorted foreign cheques,
10,000 blank British Airways tickets, 10,000 United States Postal Money Order,
1,500 foreign international passports, several forged bank statement of
accounts, amongst others. Mr. Salisu Buhari, former Speaker of Nigeria’s House
of Representatives was impeached in 1999 after it was discovered that he falsified
his age and forged his university certificate from Toronto University. Certificate
forgery also permeates Nigeria’s Ivory towers. A
lecturer with the Abubakar Tafawa Balewa University (ATBU), Bauchi, Daniel
Ishola Owaodemi allegedly forged academic certificates which enabled him lecture at the university
for 12 years. Also, one Ms. Caroline Animan, a confidential secretary at the National
Broadcasting Commission for over 20 years was said to have forged a National Diploma certificate in Secretarial Studies purportedly
issued by Moshood Abiola Polytechnic, Abeokuta, Ogun State (formerly Ogun State
Polytechnic).
Nigeria’s Independent Corrupt Practices and Other Related Offences
Commission (ICPC), revealed that the Commission uncovered 45,000 ghost workers
and saved the Federal Government the sum of N100 billion. It went further to
say that, ‘’50 out of the 156 major contractors to Nigeria’s Ministry of Works
were found to have submitted forged tax certificates’’. A while ago, one Mr. Martins Ugwu Okpeh, a
Benue State indigene was arrested by the police for practicing as a senior medical officer at the
federal ministry of health with a stolen medical licence for over nine years!
Another fake ‘doctor’, one Bamigboye Olusegun earning
N160,000.00 monthly salary was also
arrested in Niger State for operating as a medical doctor for three years.
During
the ongoing 2016 recruitment into the Nigeria police, the Nasarawa state police
command confirmed the arrest of five applicants over forgery of certificates and
theft. The Department of State Security Services, DSS, Kwara State Command also
reportedly arrested five persons, who allegedly specialize in forging academic
certificates. In 2013, the DSS charged nine National Youth Service Corps (NYSC) members to court over
forgery of academic certificates and credentials. Few years ago, the University
of Calabar expelled about 107 students who used fake O’level certificates to gain
admission into the school. The Lagos State police arrested a 26-year-old banker
named Daniel
Makanjuola, for using a forged West African Senior
School Certificate Examination (WASSCE) and a Lagos State University (LASU)
statement of result to secure employment at the Marina Branch of Wema Bank Plc.
The foregoing are just random incidents, the penchant for forging
credentials is entrenched in Nigeria.
Note: Background
check, background screening, background investigation, background check, criminal
record check, security vetting and due diligence investigation are
interconnected and will be used interchangeably in this essay.
What is Background Check or Background
Screening?
Background checks are steps taken to
ascertain the credibility and authenticity of the information, credentials
which an applicant, organization submitted during the course of applying for a
position, business transaction. In other words, a background screening seeks to
establish the character, integrity and whether an individual or an organization
concealed important information or misrepresented himself/itself. Contrary to
popular belief, background screening is not always about pinpointing negative
information as it can also be a tool to identify
positive traits that will make a candidate stand out from the crowd. Since it
fosters a culture of proactive security and risk management, background
screening is a fundamental feature of a holistic security measure that forestalls
potential risks, fraud and likelihood of criminal incident in an establishment.
Why Background Checks, Security
Vetting is Very Important
From
government to private security establishments to corporate organizations,
educational institutions, recruitment of medical professionals, teachers,
care-givers, domestic helps, drivers, child adoption amongst others, the
importance of background screening cannot be overemphasized. In terms of
national security, the absence of a diligent criminal background check, poor
records management and paucity of a comprehensive national criminal database updatable
in real-time makes it very easy for say a dismissed police officer, public
official, a criminal, terrorist to (re)enlist in the security, intelligence
agencies. In 2015, a Lagos nanny –
Mary Akinloye kidnapped 3 children of the same family
under her care and demanded a N15
million ransom. In Abeokuta, Ogun State, a nurse – one Miss Maureen allegedly
conspired with others to kidnap the son of her boss, a medical doctor whom she worked with in the
past. Also in Lagos, four employees of a company allegedly kidnapped their Chinese boss. Now the problem is, given lack of diligent
prosecution and a comprehensive criminal database in Nigeria, it is plausible
that some of the above-mentioned culprits will not go scot-free, ‘rebrand’
their identities and possibly re-offend. Trusting, hiring or delegating certain
responsibilities or doing business with someone, organization(s) you don’t know
from Adam is fraught with risks. This is why criminal
background check is very important.
Here
are some of the benefits of background checks:
1. It Eliminates And Discourages Forgeries,
Fraudulent Claims: Crime, malfeasance and employment fraud is
not just a Nigerian thing. According to a UK firm - Experian, ‘’in 2013, employment screening helped to detect a 70% increase
in false employment applications’’. Inter-alia,
the report went further to say, ‘’employment application fraud accounted for
over 50% of all internal frauds recorded in 2013, employee fraud costs UK companies
an estimated £2bn a year, that 90% of application fraud is unsuccessful with background
screening, an estimated 20-50% of candidates embellish their credentials on
CVs, 15% of candidates back out of an application when told a background check
is required, 27% of applicants have given false references and 11% of candidates have falsely claimed to have a degree ,three quarter of UK employers hire the wrong people, costing the UK economy
£12bn a year, more than 40% of property letting agents reported an increase in
tenants struggling to meet rental payments’’. In a 2014 Global Fraud Study, the
Association of Certified Fraud Examiners’ (ACFE) estimates that globally,
businesses lost approximately $3.7 trillion to fraud. It is reported
that about ‘’33% of
Nigerian graduates brandish fake credentials’’.
2. Background Screening Eliminates or
Reduces Likelihood of ‘’Insider Threat’’: A dangerous
security trend is that which stems from insiders or what is called ‘’insider
threat’’ in cybersecurity parlance. Remember Bradley
Manning and Edward Snowden? Recently, a telecom provider in Germany reportedly
‘’notified 2 million of its customers that their financial information may have
been compromised after a highly sophisticated intrusion by an insider’’.
3. Background Check Can Forestall Negligent
Hiring Lawsuit: The upswing in negligent hiring lawsuits
also necessitates stringent background screening prior to employment. An
employer may be liable if an employee's actions hurt
someone (workplace violence, rape, terrorism etc). For instance, it recently
emerged that Mohamed
Lahouaiej Bouhlel, a deliveryman who deliberately
rammed his truck and killed about 84 people in Nice, France recently, had a
long history of violence and mental illness. Such security threats and
liabilities obligate employers to take reasonable care in ascertaining whether
an applicant/employee has a criminal or violent past.
In the United States,
in 1999, ‘’Trusted
Health was ordered to pay $26.5 million
dollars to the family of a murdered patient. U.S. courts declared, "prior
to the time the employee is actually hired, the employer ... should have
known of the employee's unfitness" and is liable if they did not
perform an adequate background investigation. It is estimated
that United States employers ‘’lose 72% of all
negligent hiring lawsuits’’.
4.
Other
advantages of background checks are: It encourages honesty, reduces
employee theft and fraud, increases productivity, reduces workplace violence and
insurance premiums, ensures the best gets the job thereby saving money and time
that will be spent recruiting new staff and training them.
Types, Facets of Background Screening
1.
Pre-employment background screening: A typical pre-employment check
scrutinizes the authenticity of information an applicant provided in his resume
or employment application form. Minimum level of vetting during pre-employment
check include establishing: (a) applicant’s identity – given the prevalence of
identity theft, ascertaining the identity of an applicant is one of the most
fundamental checks to be performed (b) right to work in the country (c) criminal
record (d) academic qualifications (e) Professional certifications (f)
confirmation of recent, past employers, post held, salary and dates of
employment (g) reason for leaving employment (h) professional or personal
references (i) residence - present, former and possibly permanent address (j) social
media or online reputation. There are also situations where a post-employment
screening may be needed after an employer has been hired already. This suffices
if the individual is to be deployed to a sensitive position, a post with additional
responsibilities or requires higher level of trust, capability or security
vetting. Establishments should not go to sleep after carrying out a
pre-employment screening. A Post-employment background screening policy can
identify criminal complicity say if an employee is living above his means,
abusing or doing drugs. For instance a Nigerian Air crew member was reportedly arrested in London on suspicion of peddling substances suspected to be
cocaine. Upon investigation, it was discovered that the dude owned amongst
other acquirements, a latest Range Rover SUV.
2.
Criminal background record checks: This entails determining if such a
person has a criminal past (spent and unspent), fraud convictions, cultism, driving
offences (for positions where driving is involved). In the United States, a criminal background check is required
for those wishing to purchase handguns from licensed firearms dealers.
Note
that the United States Equal Employment Opportunity
Commission (EEOC) says, ‘’a person cannot be denied employment based on a
criminal record alone. Instead, the EEOC says, ‘’the decision to hire or not
must be based on a “business necessity’’. EEOC requires employers to consider:
the nature and gravity of the offense or offenses, the time that has passed
since the conviction and or completion of the sentence, the nature of the job
held or sought’’.
3.
Financial background checks: For some sensitive positions
especially those that involve handling money, it is important to carry out a
financial background check on a candidate to ascertain whether s/he has ever
filed for or declared bankrupt, involved in financial crime, money laundering,
holds any current or previous directorships or disqualified directorships.
4.
Due Diligence investigation: ‘’Is a
type of investigation carried out prior to employment or a business transaction
aimed at uncovering information about a company's history, credibility, assets,
management, financial health, performance, clients or vendors, and other
details that may affect how the company does business’’. Due diligence
investigation helps companies make informed decisions hence minimizing losses
at the long run. There is also a self-due diligence or “reverse due diligence” i.e.
assessment of a establishment, typically by a third party on behalf of the
establishment, prior to an acquisition, a merger or quoting it on the stock
market. Given the corruption challenge, advance
fee fraud commonly known as 419
scams perpetrated by some unscrupulous elements
in Nigeria, carrying out a robust due diligence investigation or background
screening of their potential Nigerian business partners will surely boost the
confidence of prospective foreign investors. Ideally, due diligence
investigation should be mutual; Nigerians wishing to do business or enter into
partnerships with foreign investors should also establish the veracity of the
claims of their potential partner, client’s as some foreign firms might
misrepresent themselves.
5.
Social media or online reputation
checks: It is
becoming increasingly common for employers to examine an applicant’s ‘online
reputation’ or ‘online footprint’. Just recently it was announced that the
United States is set to start asking applicants for US Visa to provide their social media – Facebook, Twitter, LinkedIn handles amongst others.
Critics fear this trend could lead to ‘profiling’ and hasty generalizations.
6.
Sex Offender Background Screening: This is carried out to determine if a candidate was a sex
offender or a pedophile. This is usually recommended for employees that will be
working with children, teenagers such as teachers, care-givers, house-helps
amongst others.
7.
Litigation Support: Background
screening investigation, gathering nuggets of information, evidence which
substantiates the unreliability, untrustworthiness of an adversary could tilt
the case in favour of one of the contending parties during litigations. For
instance, in his bid to win his trial at the Code of Conduct Tribunal (CCT), ThisDay
Newspaper reported that Nigeria’s Senate President – Dr. Bukola Saraki, ‘’flew in United
States and Israeli forensic investigators who were mandated to ferret out and scrutinize
thoroughly, all available information on the eight EFCC prosecution witnesses,
including their school records, service records from the past and present,
places of employment and personal information that may help the defence team in
the course of the trial’’.
8. Relationship, Romance Scams,
Landlord-Tenancy Agreement: Given the prevalence of
romance or dating scams, a due diligence or background check is recommended to
ascertain the true identity, character, integrity and genuineness of a
prospective suitor especially where a long distance relationship is involved. A
landlord may also wish to do a background screening on a prospective tenant
before renting out or leasing an apartment to the tenant.
Factors Hindering
Background Screening in Nigeria
1.
Paucity of a
centralized, comprehensive criminal database updatable in real-time.
2.
Lack of a data
protection law, legislation and regulatory framework such as the US Federal Trade Commission (FTC) which enforces a federal law that
regulates background reports for employment, and the Equal Employment
Opportunity Commission (EEOC) which enforces federal laws against employment
discrimination.
3.
Preponderance of
manual, paper-works rather than electronic systems unlike in the United States,
UK etc. with electronic, online databases or public records searchable in
real-time.
4.
Poor or slow pace of service delivery: A
request for information from an organization could take weeks or months to be
processes.
5.
Lack of a
national vetting standard or best practice. For instance there is British
Standard 7858 which sets out recommendations
for the security screening of individuals
to be employed in an environment where the security and safety of people, goods
or property is a requirement of the employing
organisation’s operations or where such screening
is in the public interest.
Recommendations:
1. It
is recommended that Nigeria takes a cue from Western climes such as the United
Kingdom which boasts of Criminal Records Bureau (CRB), an executive agency of the Home
Office which is a ‘one-stop-shop’ for organisations
seeking a criminal records disclosure service. The UK CRB access data,
information held on the Police National Computer. There are two levels of CRB
check in the UK: (a) Standard disclosure and (b) Enhanced disclosure – which
includes access to local police intelligence. The United Kingdom
also has a National DNA Database (NDNAD), a Violent and Sex Offenders Register
(ViSOR) while the United States department of justice coordinates a searchable
National Sex Offenders Public Website (NSOPW). The closest we have in Nigeria
is the newly-formed Lagos State Sex Offenders Register. The United States FBI’s
National Crime Information Centre (NCIC) maintains a computerized index of
criminal justice information encompassing information on fugitives, stolen
properties, missing persons amongst others and the database is searchable in
REAL TIME and is operational 24 hours a day, 365 days a year.
2.
Digitalizing
and synchronizing court records and searchable database of criminal convictions
3.
Establishment
of an efficient, avant-garde credit reference agency
4.
In
line with global best practice, Nigeria urgently needs appropriate legislation,
regulatory framework which regulates background screening in Nigeria.
5.
Just
as they have National Association of Professional Background Screeners (NAPBS)
in the United States, I think a national think-thank or umbrella professional
body for background screening practitioners, establishments in Nigeria will
also be of help. This will create awareness about the need for background
screening while also discouraging quackery.
Conclusion:
Absence or lax background checks, security
vetting have far-reaching ramifications. In the words
of a practitioner, Mr. Kola Olugbodi,
‘’corporate organisations should not be in haste to employ staff without
conducting thorough background screening as such hasty decision exposes the
tangible and intangible resources of the organisation to fraud and abuse’’. A
stringent background check is definitely a win-win for organizations.
Written By: © Don Okereke
(Security
Junkie/Analyst/Consultant, Writer)
Follow Don on
Twitter: @donokereke
Phone number: +234 708 000 8285
Phone number: +234 708 000 8285
July, 2016
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