ANTI-GRAFT AGENCIES AND THE CHALLENGES IN THE FIGHT AGAINST CORRUPTION: A LEGAL APPRAISAL
ANTI-GRAFT AGENCIES AND THE CHALLENGES IN THE
FIGHT AGAINST CORRUPTION: A LEGAL APPRAISAL
ABSTRACT
The fight against corruption remains one of the most challenging legal and institutional battles
in many countries, including Nigeria. Anti-graft agencies, such as the Economic
and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and
Other Related Offences Commission (ICPC), were established to investigate,
prosecute, and prevent corrupt practices. However, despite the legal framework
guiding their operations, these agencies face various challenges that hinder
their effectiveness. These include political interference, inadequate funding,
slow judicial processes, and lack of public trust. This research examines the
legal framework governing anti-graft agencies, the obstacles they encounter,
and the extent to which these challenges weaken the fight against corruption.
Using a doctrinal research approach, it analyzes relevant statutes, case laws,
and scholarly perspectives to assess whether existing legal mechanisms are
sufficient. The findings reveal that while the legal framework provides a
foundation for anti-corruption efforts, loopholes in enforcement and systemic
weaknesses limit the success of these agencies. It is recommended that reforms
be implemented to ensure greater independence, efficient prosecution of cases,
and enhanced legal provisions to eliminate obstacles in the fight against
corruption.
CHAPTER
ONE: INTRODUCTION
1.1 Background
of the Study
Corruption has long been a persistent
problem affecting governance, economic growth, and public trust in many
nations. The establishment of anti-graft agencies was intended to curb this
menace by providing institutional mechanisms to investigate and prosecute
corruption-related offenses. The establishment of anti-graft agencies was
expected to significantly reduce corruption through legal enforcement and
prosecution. However, despite numerous high-profile arrests and investigations,
corruption remains a major issue. Political interference often limits the
independence of these agencies, leading to selective prosecutions and a lack of
deterrence. Additionally, weak judicial processes and procedural delays hinder
the timely conclusion of corruption cases. Insufficient funding further
exacerbates the challenges, as anti-graft agencies struggle with inadequate
resources to conduct thorough investigations. Public skepticism also affects
their operations, as many perceive the fight against corruption as being politically
motivated rather than driven by genuine legal principles. This research aims to
evaluate these challenges within the legal framework and propose solutions that
can enhance the effectiveness of anti-graft agencies.
The
greatest problem facing Nigerian society is without doubt the issue of
corruption. Right from the military era to the civilian dispensation,
corruption seems to be an ever-present menace in Nigerian society.[1] It
is not surprising that the present government led by His Excellency, Gen.
MuhammaduBuhari has continuously reiterated that its priority is to fight and
reduce, if possible eliminate corruption in Nigerian society.[2]
This is evident in the “war against corruption “agenda of the government and
also the whistle-blowing policy[3]
adopted by the government in fighting the evils of corruption. While it may be
impossible to eliminate corruption, it is possible to take some steps to curb
it and control it.[4]
While commenting on former President GoodluckEbele Johnathan's refusal to
publicly declare his assets, Akintola argued that the government has not been
interested in fighting corruption thus he posited:
We know his background as a former deputy
governor and vice president. I believe he is afraid that people could easily
raise questions. Until we place the onus on public officers to justify their
wealth, we will not get there. We should emulate the Asian countries where
corruption attracts the death penalty. The fight against corruption has to be taken
seriously. It is the inability of our leaders to implement the law that is the
problem.[5]
Acts of corruption and terrorism are the major
problems currently inhibiting all forms of development in Nigeria. The country
over the years has been popularized with news of funds embezzlement by
political office holders, acts of bribery in different sectors of the society,
favoritism and nepotism in the civil service and other governmental and
non-governmental parastatals, fraud, extortion and other forms of corruption.
The economic recession witnessed in the country recently is a result of
many factors of which corruption is a major contributive factor. This is so
because where funds are constantly being misappropriated and mismanaged, the
likely result will always be detrimental economically and this is exactly what
Nigeria experienced in the form of rescission during the early years of
Buhari's government. It seems that there is no workable solution to curtail the
effect of corruption in society, particularly given the wide acceptance of
the practice of corruption in Nigeria. This is particularly worrying given the
legal, policy and institutional framework put in place by different
governments in fighting the menace of corruption in Nigeria.
The Constitution of the Federal Republic
of Nigeria, Penal and Criminal Code, Corrupt Practices and Other Related
Offences Act, Code of Conduct Bureau and Tribunal Act, and Public Procurement Act;
are some of the major laws for combating corruption in Nigeria. Also, the Courts,
the Nigerian Police, the Economic and Financial Crimes Commission (EFCC), the Public
Complaint Commission and the Independent Corrupt Practices Commission are some
of the institutions set up by the government to tackle corruption in the society.
This paper examines the effectiveness of these laws and institutions in
combating corruption. The causes and impacts of corruption in Nigeria also form
a major part of the discussions in this paper.
1.2 STATEMENT OF PROBLEM
Corruption has continuously been an issue
of discourse in the Nigerian societal context. Corruption has continued to
decimate the people and disrupt economic activities. The level of corrupt
practices in Nigeria particularly in the public service is alarming.
Embezzlement, mismanagement and misappropriation of public funds are no longer
news in Nigeria. This is surprising given the amount of laws put in place at
the federal and state level to combat corruption. The prevalent nature of
corruption in the public service questions the effectiveness of anti-corruption
laws in dealing with the problems posed by corruption in society. Until
recently, political officers were rarely convicted for acts of corruption.
Given the level of corruption carried out by political office holders in the
country, the rate of conviction of these categories of people for corruption-related offenses does not in any way reflect the level of crime committed. This
brings to the limelight the level of implementation of anti-legislation laws by
government institutions particularly the judiciary which is the body
responsible for punishing offenders in society.
Another problem in the fight against
corruption is the corruptible nature of the Nigerian police which is the
primary instrument established by law for the prosecution of criminal offenses and
maintenance of peace and security in the society. The corrupt nature of the
Nigerian police has loosened the confidence of the citizenry in reporting cases
to the police thereby delimiting the relationship between the police and
members of the society in tackling not only corruption but insecurity in the
country. From the foregoing, one can deduce that the major problem in the
fight against corruption in Nigeria is the problem of enforcement and
implementation of laws meant to combat corruption by security agencies as well
as governmental and nongovernmental institutions in Nigeria. These are the
problems which this work seeks to address.
1.3 RESEARCH
QUESTIONS
Arising from the above problems the
research questions for the work include:
1.
What are the legal, institutional, and
policy frameworks on corruption in Nigeria?
2.
To what extent are the legal and policy
framework on terrorism effective in dealing with the issues of corruption in
Nigeria?
3.
What are the challenges involved in
tackling corruption in Nigeria?
1.4 OBJECTIVES
OF THE STUDY
The main objectives of this work include:
1.
To identify the legal, institutional and
policy framework on corruption in Nigeria.
2.
To show the extent to which the legal,
institutional and policy framework on corruption are effective in dealing with
the issues of corruption in Nigeria
3.
To identify the challenges involved in
tackling corruption in Nigeria and make recommendations where necessary.
1.5 SIGNIFICANCE OF THE RESEARCH
This work does not consider acts of corruption as a momentary threat that would just fade away merely by enacting anti-corruption laws. The reason for this view is the long-term subsistence of corruption in Nigerian society particularly in the public service. The rise of corruption in Nigeria is largely a result of poor leadership experienced in the country right from when independence was gained. Also, the selfish and greedy nature of political office holders, poverty, pervasive nature of citizens and the lackluster attitude of the society towards acts of corruption have prolonged the life span of corruption in Nigeria. This study concerns itself with acts of corruption in Nigeria, the legal and institutional framework on corruption in Nigeria as well as their effectiveness in fighting corruption in Nigeria. This work shall remain a guide for policy makers about issues of corruption in Nigeria. It will also serve to educate the citizens on the forms, effects and available laws on corruption in Nigeria. Furthermore, it will serve as additional literature for further research in this field of study.
1.6 RESEARCH
METHODOLOGY
The methodology employed in this work is doctrinal. The data was obtained from sources including statutes, case laws, journals, newspapers, articles and textbooks. Commentaries and periodicals were also used. The work contains writings of international and local authors on corruption, its forms and effects on every society, its challenges and domestic efforts in combating corruption. The approach to be adopted is descriptive, analytical and prescriptive.
1.7 SCOPE
OF THE RESEARCH
This research work centers on anti-graft agencies in Africa with particular reference to Nigeria. However, references will be made to other jurisdictions where necessary for the widest analysis of the subject matter. Accordingly, the work shall limit itself to discussions on corruption in Nigeria, the legal and institutional framework for combating corruption as well as the challenges in tackling corruption in Nigeria. Recommendations will also be made to assist the government in tackling corruption.
1.8 LITERATURE
REVIEW
According to Berg, Corruption is the abuse
of public power for private benefit, while the private benefit is often in the form
of illicit money or in-kind from a client to the agent, we call this bribery.[6]This
definition is somewhat limited because corruption is being restricted to funds
embezzlement and bribery when in fact other forms of corruption exist.
The Black’s Law Dictionary[7]defines
corruption as,
The act of doing something with an intent to give some advantage inconsistent with official duty and the right of others, a fiduciary’s or official’s use of a station or office to procure some benefit either personally or for someone else, contrary to the right of others.
The World Bank conceptualizes corruption
as:
The
abuse of public office for private gains. Public office is abused for private
gain when an official accepts edicts or extorts a bribe. It is also abused when
private agents actively offer bribes to circumvent public policies and
processes for competitive advantage and profit. Public office can also be
abused for personal benefits even if no bribery occurs through patronage
and nepotism, the theft of state assets, or the diversion of state revenue.[8]
OtiteOnigu defines corruption as ‘the
perversion of integrity or state of affairs through bribery, favor, or moral
depravity’. It truncates the norms, processes and systems and confers gains on
a person or group to the disadvantage of many in any society.[9]
Salisu views corruption as the mismanagement of public funds for private gains.[10] All the definitions of corruption analyzed so far seem to restrict corruption to the conversion of public funds for private use. This position is generally misleading as corruption involves so many other acts such as favoritism and nepotism, bribery, extortion, fraud and even political insincerity.
In Nigeria, The Penal Code and Criminal
Code which are the primary laws for the regulation of crime in northern and
southern parts of Nigeria respectively did not provide a definition for
corruption, but the Corrupt Practices and Other Related Offences Act, defines
corrupt act includes: bribery, fraud and other related offenses.[11]
Adewale opines that “corruption is an act of diverting the resources that should have been used for the developmental purposes of the society to private or personal use”.[12] The author also argues that corruption remains the core barrier to the development of society and also the major factor that retard economic growth.
According to Igwe,[13]
corruption perhaps occurs in any organized, interdependent system in which
parts of the system are either not performing their dues as ethically expected
or are performing them improperly to the detriment of the system’s original
scope. Corruption embraces a broad spectrum of activities ranging from fraud
(theft through misrepresentation), and embezzlement (misappropriation of corporate
or public funds) to bribery (payments made to gain an advantage or
avoid a disadvantage).
Ogbu, O.N., posits that the fight against corruption can only succeed when it is institutionalized and there exists political will on the part of the government to tackle corruption.[14] This paper agrees with this view given the amount of success experienced by the Buhari-led government in fighting corruption. This is evident in the number of public officers prosecuted and convicted for corruption-related offenses in the present government as compared to his predecessors, his show of political will has contributed greatly to this success. The author also observed that the legal and institutional framework for combating corruption in Nigeria before 1999 was too technical and complex, therefore serving as a liaison for potential offenders. This work agrees with the assertion of the writer, that anti-corruption legislation in Nigeria is too technical and since the judicial system strictly observes the literary rule of interpretation in evaluating legislative enactments, these laws provide a loophole for offenders to escape liability.
Nlerum S. Okogbule, examined the inadequacy and otherwise of existing legal and institutional framework for combating corruption and concluded that the statutory enactments have proved inadequate in tackling corruption.[15] This paper argues that although anti-corruption legislation is technical in terms of its provisions, nevertheless, if properly implemented will go a long way in tackling corruption and therefore not inadequate as claimed by the author but lacks proper implementation mechanisms.
Babatunde, I.O.[16] examined the impact of national legislation on corruption control in Nigeria. He observed that despite the magnitude of available anti-corruption legislation, corruption and abuse of power have been on the increase in Nigeria. He also observed that the major problems of the agencies are that they do not have enough capacity, independence and resources to adequately perform their functions. This paper agrees with this assertion and pinpoints the judiciary as a primary example, an institution of corruption that lacks independence in carrying out its duties as a result of constant interference by the executive arm of government.
Adeleke, F.A.R. and Olayanju, O.F,[17] even go further to label the Judiciary as “corrupt” and a contributor to the increasing rate of corruption in Nigeria. This paper agrees with the writer on the corruptible nature of judicial workers which is also responsible for the prevalence of corrupt activities in Nigeria, the judiciary in Nigeria most times comes under scrutiny for accepting bribes to influence judgment.
The impact of corruption is immeasurable
on the Nigerian society. Billion, L. P., posits that Corruption is politically
destabilizing, as it leads to social revolution and military takeover. Some
argue that it contributes to war and political instability.[18]
This paper agrees with the writer, that he agitation by Pro-Biafra activists for
independence was a result of the corrupt acts of the federal government which
led to the neglect of the region in terms of carrying out developmental
projects in the area and also neglecting indigenes of the region in issuing of
political appointments (a clear case of tribalism and nepotism). In Nigeria,
corruption has greatly impoverished the citizens. Also, political corruption
has led to political apathy by large members of the society who view government
and politics as a tool for promoting corruption in the country.
This paper posits that corruption has
become part and parcel of the Nigerian political and social system and may not
be eliminated anytime soon. This is because of the challenges involved in
tackling corruption in Nigeria, some of the challenges that will be discussed
in this paper include: the immunity of certain public officers, the rant of pardon to
corruption offenders, Executive corruption and lack of political will in
fighting corruption, weak and corrupt nature of judicial workers and poor
funding of anti-graft agencies. The paper recommends that the government should
redirect its policies and focus more on fighting corruption as done by the
present government, and also the executive, legislature and judiciary should
work together in order to properly implement the existing laws for tackling
corruption in Nigeria. Judicial independence should be ensured and judicial
officers prosecuted and convicted for taking bribes should be banned for life
from practising. Citizens should also be sensitized on the effects of
corruption on society and they should also be persuaded from engaging in
corruption-related activities. Existing anti-corruption laws should be
re-amended and severe sanctions implemented so as to dissuade potential
offenders.
[1] Military ruled the country for 34 years out of 49 years since
Nigeria became an independent country. General Aguiyi Ironsi (15th Jan. 1966 to
July 1966), General Yakubu Gowon (1966 to 1975), General Muritala Rahmat
Mohammed (1975 to 1976), General Olusegun Aremu Obasanjo (1976 to 1979),
General Muhammed Buhari (1984 to 1985), General Ibrahim Badamasi Babangida
(1985-1992), General Sanni Abacha (1993 to 1998) General Abdulsalam Abubakar
(1998 to 1999). Nigeria experienced only 15 years of civil rule that is Shehu
Usman Aliyu Shagari (1979 to 1984), Chief Olusegun Obasanjo (1999 to 2007)
Umaru Musa Yaradua (2007 to 2010); Dr
[2]Buhari, M. (2015, May, 19th). “The Inaugural Speech of
President Muhammadu Buhari” at Eagle’s Square, Abuja.
[3]Elemanya, V. & Onya, R. Analysis of President Buhari’s
anti-corruption policy: A reality or an
illusion?
(2016) Retrieved from http://www.ijaar.org/articles/Volume2-Number11/Social-Management
Sc iences/ijaar-sms-v2n10-oct16-p3.pdf> accessed 4th
September, 2019.
[4] Report on Wilton Park Conference 748 Financing Politics,
Curbing Corruption and Parliamentary Ethics in association with the
Commonwealth Parliamentary Association and the World Bank Institute Monday 7 –
Friday 11 June 2004).
[5] Richard Amaechi Onuigbo,
Ome Okechukwu Innocent, Analyses of Legal Framework for Fighting
Corruption in Nigeria: Problems and Challenges. Kuwait Chapter of Arabian
Journal of Business and Management Review vol.5 No.3, November 2015.
[6] Berg B, “How Should Corruption be Measured?” MSc Economics
extended essay, London School of Economics and Political Science (2001) page 3
[8] World Bank, Helping Countries Combat Corruption: The Role
of the World Bank. World Bank: Washington, DC (2000).
[9]Otite O., “Corruption the Norms of African Life” in O. Femi
(ed.) “Effective and Efficient Implementation of Nigeria’s Recent
Anti-Corruption Legislation”. (2002).
[10]Salisu, M., Corruption in Nigeria. Lancaster University
Management School Working paper. The lums Working Papers series (2000).
Retrieved from:http://www.lums.co.uk/publications.
[11]Adewale, S. B., “The crowding-out effects of corruption in
Nigeria: An empirical study”. E3 Journal of Business Management and Economics
(2011) 2(2).: 059-068.
[12]Ibid.
[13]Igwe, S. C., How Africa Underdeveloped Africa. (Port
Harcourt: Professional Printers and Publishers, 2010).
[14]Ogbu, O.N. Combating Corruption in Nigeria: A Critical
Appraisal of the Laws, Institutions and Political Will. Annual Survey of
International and Comparative Law (2008) Vol.14:Iss. 1. Article 6.
[15]Nlerum S. Okogbule, An Appraisal of the Legal and Institutional
Framework for Combating Corruption in Nigeria. Journal of Financial Crime
(2006) Vol. 13 Iss: 1, pp. 92-106.
[16]Babatunde,
I.O., Stamping out Corruption out of our System: The Impact of National and
International Legislations on Corruption Control in Nigeria. Journal of Law,
Policy and Globalization (2014) Vol.23, pp. 101108.
[17]Adeleke, F.A.R and Olayanju ,O. F., The Role of the
Judiciary in Combating Corruption: Aiding and Inhibiting Factors in Nigeria.
Commonwealth Law Bulletin (2014) Vol.40, pp. 589-607.
[18] Billion, L.P. Buying Peace or Fuelling War: The Role of
Corruption in Armed Conflict. Journal of International Development (2003)
Dev.15, p. 117.
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