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SEMINAR FOR ABUJA GROUP, OSLO NORWAYFrancis Stevens George
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
ANTI-CORRUPTION AND JUDICIARY EXCELLENCE: THE ROLE OF
TRANSFORMATIONAL LEADERSHIP
THE FOCUS OF THE PRESENTATION
How Transformational Leadership contributes to combating Corruption and enhancing
Judicial Excellence.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
Transformational Leadership
Judicial Excellence
Anti-Corruption
OUTLINE OF THE PRESENTATION
•What is Transformational Leadership
•Brief look at Judicial Excellence
•Brief definition of Corruption, Scale and Types
•Transformational Leadership in combating corruption
•Transformational Leadership enhancing Judicial excellence
•Wrap Up-Take Away
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
PLEASE NOTE
My models, concepts and discussions takes into account that Nigeria is a country in transformation-Transformation Economy
I am not a LAWYER!
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
ABOUT ME
Act MD GEN Sierra Leone
Adviser to the Human Rights Foundation
Founder and President of Innovation Africa
Entrepreneur and Business Leader
Leadership Coach and Mentor
Accomplish Author-7 titles so far
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
WHAT IS TRANSFORMATIONALLEADERSHIP
“Transformational leadership is a type of leadership style that leads to positive changes in those who follow.” —psychology.about.comTransformational leadership is a style of leadership where a leader works with subordinates to identify needed change, creating a vision to guide the change through inspiration, and executing the change in tandem with committed members of a group
In the simplest terms, transformational leadership
is a process that changes and transforms
individuals (Northouse, 2001).
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
APPLYING TRANSFORMATIONALLEADERSHIPTransformational leadership covers a wide range of aspects within leadership. Effective transformational leader is a process. According to Northouse (2001), a transformational leader has the following qualities:
Empowers followers to do what is best for the party/country/organization;
Is a strong role model with high values;
Listens to all viewpoints to develop a spirit of cooperation;
Creates a vision, using people in the party/country/organization;
Acts as a change agent within the organization by setting an example of how to initiate and implement change;
Helps the organization by helping others contribute to the organization.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
EXAMPLES OF TRANSFORMATIONAL LEADERS (POLITICAL)
Nelson Mandela
Dr. King
Nasser
Reagan
Gobachev
Mao
Stalin
Obama
Kagame
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
WHY TRANSFORMATIONAL LEADERSHIP
The missing ingredient in Africa as many say is Leadership. The question is what kind of leadership? Transformational leaders are increasingly in demand due to
Globalisation
Transformation in economy and society
Serious challenges to reform institutions, break embedded practices
Demand for innovation
A form of leadership well-suited to these current times characterized by uncertainty, global turbulence and organizational instability.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
4 ELEMENTS OFTRANSFORMATIONAL LEADERSHIP
Individualized Consideration
Intellectual Stimulation
Inspirational Motivation
Idealized Influence
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
The degree to which the leader attends to each follower's needs, acts as a mentor or coach to the follower and listens to the follower's concerns and needs.
Such leaders encourage their followers to be innovative and creative. The leaders focus on the “what” in problems and do not focus on the blaming part of it.
The degree to which the leader articulates a vision that is appealing and inspiring to followers. Purpose and meaning provide the energy that drives a group forward.
The degree to which the leader acts as a role model for their followers. The foundation of transformational leadership is the promotion of consistent vision, mission, and a set of values to the members
THE REQUIRED CHARACTERISTICS FOR TRANSFORMATIONAL LEADERS
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
Communicate
“why”
• Ensure your organisation understand the rationale for the change
Model desired behaviours
• Show your commitment by changing how you behave
• Lead by example
• High morals
Reinforce change
• Continuously look for ways to overcome inertia
THE DARK SIDE OF TRANSFORMATIONAL LEADERSHIP
In fact, the greatest mass murderers were transformational leaders.
Mao Tse DungJoseph StalinAdolf HitlerPol Pot.
This is an important point to understand about transformational leadership —sometimes these leaders do not always make things better — sometimes they can make things worse. Progress is not assured. (The Economist: The Idea of Progress).
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
JUDICIAL EXCELLENCEJudicial Excellence
Adhering to high standards of Integrity, Honesty and Fairness
Possess Judicial Temperament( civility, courtesy, dignity, patience, tact, understanding, compassion and a personality free from arrogance, bias and prejudice)
Judges are role models in the profession
Ability to communicate (must not only do justice, but must communicate with all participants, giving the sense that justice was done)
World Life Experiences
Legal Experience
Accountability, Decisiveness and ability to manage cases and court room
Nigeria (Reference)
National Judicial Council (NJC), to the need for a reform in the sector to achieve judicial excellence
Reform should focus on attaining transparency and merit, especially in the appointment of judges.
http://thenationonlineng.net/new/achieve-judicial-excellence/
http://www.peoplesdailyng.com/nigerias-judiciary-a-case-for-transparency-and-excellence/
National Judicial Council (NJC), to the need for a reform in the sector to achieve judicial excellence
Reform should focus on attaining transparency and merit, especially in the appointment of judges.
http://thenationonlineng.net/new/achieve-judicial-excellence/
http://www.peoplesdailyng.com/nigerias-judiciary-a-case-for-transparency-and-excellence/
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
DEFINITION, SCALE AND TYPES OF CORRUPTION
DEFINITION, SCALE AND TYPES OF CORRUPTION
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
WHAT IS CORRUPTION?
“the abuse of entrusted power for private gain”
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
CORRUPTION CONTEXTUALIZEDDefinitions applied to corruption vary from country to country in accordance with cultural, legal or other factors and the nature of the problem as it appears in each country.
Concepts may also vary from one time period to another, particularly in recent decades, which have seen much thinking and theorizing about corruption.
Thus corruption should be understood as a collection of phenomena.
It then follows that understanding corruption requires an understanding not only of the individual phenomena, but also how they are related, and that such a general understanding is critical to developing effective control strategies.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
TYPES OF CORRUPTION
Petty Corruption
Grand Corruption
Systemic: (or endemic corruption) is corruption which is primarily due to the weaknesses of an organization or process. Factors which encourage systemic corruption include conflicting incentives, discretionary powers; monopolistic powers; lack of transparency; low pay; and a culture of impunity.
“Active” and “passive” corruption:In discussions of transactional offences such as bribery, "active bribery" usually refers to the offering or paying of the bribe, while "passive bribery” refers to the receiving of the bribe.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
Bribery Embezzlement, theft and fraud Extortion Abuse of discretion Favouritism, nepotism and
clientelism Conduct creating or exploiting
conflicting interests Improper political contributions
SYSTEMIC VIEW-ELEMENTS OF AN ANTI CORRUPTION STRATEGY
Awareness RaisingTraining on ethics and behaviour
Building a culture of non tolerance
PreventionAdmin rules
Separation of functions
Conflict of interest rules
Access to Information
Prosecution & Sanctions
Investigation of cases
Disciplinary measures
Criminal Sanctions
DetectionInternal control
Compliance mechanism
Whistle blower protection
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
Leadership
TransformationalLeadership Leadership &
Management
Judicial Excellence
A SYSTEMIC VIEW OF CORRUPTIONIf you take the systemic approach to anti corruption, then Leadership plays a critical role
In transformation societies, the struggle against corruption must be understood as part and parcel of the larger challenge of building the political, legal and moral order necessary to satisfy the needs of a complex economy and pluralist society.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
ETHICS AND TRANSFORMATIONAL LEADERSHIP
The Ethics of Leadership rests upon three pillars:
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
The moral character of
the leader,
The ethical values embedded in the leader’s vision, articulation, and program which followers either embrace or reject,
The morality of the processes of social ethical choice and action that leaders and followers engage in and collectively pursue.
When transformational leadership is authentic, it is characterized by high moral and ethical standards in each of the above dimensions.
CRUCIAL POINTS
The role of leadership has been recognized by Bob Klitgaard, a renowned expert on anti-corruption
Systemic elements of an Anti corruption Strategy
Strong leaders with moral character central to effective and sustainable implementation of anti-corruption initiatives.
Therefore, Effective Leadership [Transformational] is crucial not only for the reforming process in public administration, but also for high standard functions of public administration and nation.
The transformational leader’s characters such as confidence, empowerment, vision span; and good behavior – modest life, shared vision, and being a change agent, make him/her fit in addressing the issues and concerns corruption.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
TRANSFORMATIONAL LEADERS IN THE PUBLIC SECTOR
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
Trust in leadership is high as people see in the leader the elements of good governance such as accountability, predictability, transparency, rule of law and participation.
Transformational Leaders play a vital role in reforming public administration whether it is in institutions, mindsets, leadership, or engaging the citizens.
TRANSFORMATIONAL LEADERS DRIVES ANTI CORRUPTION AND JUDICAL EXCELLENCE
Transformational Leadership Anti
Corruption
Value driven (e.g. have core values and congruent behaviour)
Strong role model
High expectations
Identify themselves as change agents
Able to attract and inspire others
Effective communicator
Courageous
Sense of public need.
Judicial Excellence
Value driven (e.g. have core values and congruent behaviour)
Visionary
Strong role model
High expectations
Identify themselves as change agents
Able to attract and inspire others
Effective communicator
Emotionally mature
Sense of public need.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
BUILDING EXCELLENCE
Four Leadership Differentiators for Transformational Leaders
1. Purpose-Driven You motivate and inspire people with the strong sense of purpose you bring to the task at hand. You articulate a vision. You have strong communication skills.
2. People-Driven You understand that each person is unique and play the role of mentor and coach to the people around you. You possess emotional intelligence.
3. Innovating You are a change agent and encourage others to be the same. You nurture and develop people who think independently and encourage risk taking and learning in the organization.
4. Inspiring You instill trust. You role model integrity and ethical behavior. People understand your values and you walk the talk.
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
RELEVANCE
A country’s legal system—its laws and regulations as well as the processes and institutions through which they are applied—is vital for addressing corruption, just as it is for resolving civil conflicts, enforcing property rights, and defining the limits of state power.
Judicial reform. Enforcement of anti-corruption legislation requires an efficient, predictable, and accountable judiciary. Reform and modernization of judicial systems, however, is a relatively new are in development.
Recent judicial reform programs supported by the World Bank in Africa and Latin America, have focused on judicial independence (including the proper criteria for the selection and removal of judges, pay scales, training and judicial ethics); improved court administration and case flow management; procedural reform, including reducing ex parte communication between judges and litigants; better access to justice (through small claims courts, alternative dispute resolution, and legal aid); and legal education and bar entrance requirements. USAID
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
CONCLUSION-TAKE AWAYThe struggle against corruption must be understood as part and parcel of the larger challenge of building the political, legal and moral order necessary to satisfy the needs of a complex economy and pluralist society (Transforming Societies)
An independent and well functioning judiciary is crucial to this struggle. Judicial excellence becomes a must-ensuring that the judiciary performs to their highest level, with educational programs and other tools that enable them to perform at their highest level.
Then Leadership becomes critical.
What type of leadership is most suited
Transformationl has been widely agreed as necessary in “transforming societies”
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.
A FINAL WORD
Setting an example is not the main means of influencing another, it is the only means.
(Albert Einstein)
FRANCIS STEVENS GEORGE: 20/7/2016. OSLO,NORWAY.