By Eric Nnaji [update] FILE PHOTO: Seattle Seahawks owner Paul Allen on the field before Super Bowl XLVIII against the Denver Broncos at MetLife Stadium in East Rutherford, New Jersey, U.S., February 2, 2014. Mandatory Credit: Mark J. Rebilas/File Photo. Microsoft Corp co-founder Paul Allen, the man who persuaded school-friend Bill Gates to drop out of Harvard to start what became the world’s biggest software company, died on Monday at the age of 65, his family said. Allen left Microsoft in 1983, before the company became a corporate juggernaut, following a dispute with Gates, but his share of their original partnership allowed him to spend the rest of his life and billions of dollars on yachts, art, rock music, sports teams, brain research and real estate. Allen died from complications of non-Hodgkin’s lymphoma, a type of cancer, the Allen family said in a statement. In early October, Allen had revealed he was being treated for the non-Hodgkin’s lymphoma, ...
ANTI
GRAFT AGENCIES AND WAR AGAINST CORRUPTION IN NIGERIA
DEDICATION
I wish to dedicate this term paper to God almighty.
ACKNOWLEDGE
I
wish to acknowledge my able lecturer Dr. Isaiah Agbo and my parents for their
financial support, I just want to say thank you and God bless you all.
PREFACE
Anti-Corruption
was the declared number one policy aim of the Olusegun Obasanjo administration.
The success of this policy was, however, for various reasons not too
impressive. Obasanjo's successor, President Umaru Yar'Adua came to power
promising to reform and continue the anti-corruption policy. But while the
anti-graft agencies continued to arrest and arraign more individuals, including
highly placed officials, for corruption, the general public expressed the view
that the fight against corruption became increasingly inefficient under
Yar'Adua. Therefore, in this research work I explored on the duties and
operations of some anti graft agencies in Nigeria such as the ICPC AND EFCC and
their role in the fight against corruption.
TABLE
OF CONTENTS
Title
page - - - - - - - - - - -
i
Dedicate - - - - - - - - - - - ii
Acknowledgement - - - - - - - - - -iii
Preface - - - - - - - - - - - -
iv
Tables
of contents - - - - - - - - - - v
CHAPTER ONE
1.1 Introduction - - - - - - - - - -
1
1.1 Definition of
terms - - - - - - - - -
3
CHAPTER TWO
1.0 The
nature and characteristics of corruption - - - - - - 5
2.1
Explaining failure: the institutional
and political dimensions - - - - 7
2.2
Yar‟adua and the war against corruption: a new dawn or business as usual - -
9
2.3
Slow down in the prosecutions of top
public officials - - - - -
10
CHAPTER THREE
3.0
The anti-graft agencies in Nigeria - - - - - - - 11
3.1 Duties
of icpc in curbing corruption - - - - - - -
14
3.2
Offences and penalties - - - - - - - -
14
3.3 Economic and financial crimes commission
(efcc) - - - - -
15
3.4 Powers
of economic and financial crimes commission (efcc ) - - - 16
3.5 Duties of the commission curbing corruption - - - - - -
16
Conclusion - - - - - - - - - - - 18
References - - - - - - - - - - - 19
CHAPTER THREE
1.0 INTRODUCTION
Before this
country could be free from corruption, its deem fit to invite certain bodies
like EFCC, ICPC, for strict examination. These bodies are known as Anti Graft
Agencies.
Corruption is a
moral deterioration and depravity. It has a wide range of meaning which include
mis-appropriation, embezzlement or division of fund bribery gratification,
using office or position for unfair advantage, financial funds, business
frauds, examination malpractices and money laundry by public and private sector
offices and so on.
According to
the sixth edition of Oxford Advanced Learner’s Dictionary (1992), corruption is
defined as a ‘dishonest or illegal behaviour especially people in authority’.
It is therefore, something which is no more news to Nigerians, particularly in
this present democratic dispensation.
Hence,
corruption in Nigeria is traceable to some past Nigerian leaders who ruled
Nigeria from 1985 – 1993. Actually, corruption had been perpetuating before his
military administration in Nigeria but, it is believed to have got to a high
level during his regime.
During this
period, he was tagged: ‘MARODONA’ just because of his unreliable, untruthful
and unfulfilled promises he made. A lot of projects worth billions of naira
were granted but, many of them were not executed.
The issue
of N180 million which was budgeted for establishing the most
powerful television and radio stations did not see the high of the day up till
this present moment.
Likewise, the
regime of another Nigeria president was described by a Nigerian Tribune article
titled: “The Pharaoh”, (page 9 of the 1999 edition), as a merciless regime, who
described to be mercilessly punished. During this period, there were a lot of
killings, threats and misappropriation of government funds, among those who
were slam then were Kudirat Abiola, Suliyat Adedeji, to mention but a few.
Thereafter, every nook and cranny of Nigeria was so tough that, there was
nobody to query his dictatorial actions.
Also, another
prominent Head of State is an example to be cited. Despite his activities then,
there were some path of corrupt practices which were committed during his
military regime. All this, to ensure transition of civil rule and keeping
people abreast of happenings in their governance, was rated a successful one
over his predecessor, because of his military immunity.
Among others
were the late senator who embezzles over 200 million, calming it was used to
buy rams for the Muslims festival, popularly known as Ileya. The 120 million
I.D Cards which was also embezzled by the then minister of Education who gave
bribes to some members of National Assembly by boost his ministerial
appointment bill.
However, the
burning issue to be examined now is that of the inspector General of police who
was picked up by the operatives of the Economic and Financial Crime Commission
(EFCC), led by then formal Economic and Financial Crime Commission (EFCC) and
was later arrested.
The Nigerian
Tribune (Tuesday 22nd February, 2005), gathered that, inspector general of
police be arrested, following the alleged incrimination statements made against
him by the then, Managing Director of Fountain Trust Bank (FTB).
Meanwhile, it
was later gathered that the FTB Managing Director, had been declared wanted by
the EFCC on the allegations of money laundering and breach of stationary
banking and financial regulations.
Pertinently,
there is no gain saying that the Anti graft agencies have role to play in
anti-corruption crusade in our society.
Therefore, the
anti-graft agencies should highlight the repercussion of society, so as to
achieve a corruption free society. So, these revelations from the subject of
what this research work focus on. It is aimed at examining the role of
anti-graft agencies using EFCC as a case study.
The Nigerian
Tribune (Tuesday, 22nd February, 2005) gathered that, Tafa was arrested
following the alleged incrimination statements made against him by the Managing
Director of Fountain Trust Bank (FTB) Mr. Segun Aina.
Meanwhile, it
was later gathered that the FTB Managing Director, Mr. Segun Aina had been
declared wanted by the EFCC on the allegations of money laundering and breach
of stationary banking and financial regulations.
Pertinently,
there is no gain saying that the Anti graft agencies have role to play in
anti-corruption crusade in our society.
1.1 DEFINITION
OF TERMS
1.1.0 I.C.P.C: -
Independent Corrupt Practices and Related offences Commission (ICPC), in
addition to the setting up of the (EFCC), the Nigerian government also
introduced another anti-corruption agency named the (ICPC), that is Independent
Corrupt Practice.
1.1.1 COMMISSION:
- This body also introduced the policy of due process to monitor the budget and
implementation in the presidency and other parastatals. Recent reports have
revealed that billions of naira has been saved in the past 3 years in Nigeria
1.1.2 EFCC:
- Economic and Financial Crime Commission (EFCC). This was introduced in
Nigeria in the year 2004, under the presidency of Chief Olusegun Obasanjo,
purposely to monitor and to regulate crime rate in the country. It also shows
that Nigeria demonstrate seriousness in her fight against crime through the
Economic and Financial Crimes Commission (EFCC). This may seem like a mere
public relations exercise but the commission appears bent on its mission to
fight financial and economic crimes in Nigeria. Information about the
organization gives details on its active fight to rid Nigeria of malaise that
has bogged down the countries development since independent. The move is
particularly worthy of praise, although EFCC moves have been abused in the past
and innocent people were said to be under investigation here and there.
1.1.3 GRAFT,
as understood in American English, is a form of political
corruption, being the unscrupulous
use of a politician's authority for personal gain. The term has its origins in
the medical procedure whereby tissue is removed from one location and
attached to another for which it was not originally intended. Similarly,
political graft occurs when funds intended for public projects are
intentionally misdirected in order to maximize the benefits to private
interests.
1.1.4 CORRUPTION
Corruption is mainly
seen as, “wrongdoing by those in a special position of trust” Microsoft Encarta
[2006]. The term is said to apply to self-benefiting behavior exhibited by public
officials and all those dedicated to public services. Frisch [1996] observes
that corruption is the abuse of public power for personal ends. Oxford Advanced
Learner’s Dictionary [2000], defines corruption as a dishonest or illegal
behavior, especially of people in authority. Corruption is an activity, it is
also a mindset sustained by ideas that are largely false and misleading.
1.2 GENESIS OF NIGERIAN S ANTI CORRUPTION
CAMPAIGN IN NIGERIA
Ever
since Nigeria’s First Republic collapsed in July 1966 amid allegations of
massive corruption, the fight against corruption has developed into an
important public policy issue. But current steps taken towards a
corruption-free society in Nigeria are mainly a result of the efforts of the
Obasanjo regime, which for eight years erected it as a major policy priority1.
The elevation of corruption to an urgent national issue by Obasanjo was itself
motivated by a combination of some domestic and global developments. At the domestic
level, Obasanjo‟s anticorruption drive was propelled by an unprecedented
disclosure of evidences of corruption perpetrated by his immediate
predecessors, especially the late General Sani Abacha, who ruled Nigeria from
1993 to1998. After his death in 1998, his successor, General Abdusalami
Abubakar, launched a probe into his financial dealings. These investigations
uncovered large evidences showing that Abacha and his collaborators had
diverted billions of dollars in public funds into several local and overseas
bank accounts, while also corruptly acquiring choice properties in many
locations within and outside the country. Public call for a strong
anticorruption stance by the newly elected civilian government was further
fuelled by the caution with which General Abubakar treated those indicted by
his probe. Apart from seizing a few assets held within Nigeria, publishing a
list of dozens of foreign bank accounts used to stash looted funds and writing
letters to some foreign governments urging them to support efforts to recover
assets kept within their territories, the regime refused to undertake any
serious anticorruption measures. It made little or no tangible effort in
recovering Abacha‟s estimated $4-6 billion overseas assets.
CHAPTER TWO
2.0.0 SOME ANTI-GRAFT
AGENCIES IN NIGERIA
Crime
control institutions of government in Nigeria otherwise called the anti-graft
agencies are the Independent Corrupt Practices and other related offences
Commissions (ICPC), Economic and Financial Crimes Commission (EFCC), the Code
of Conduct Bureau, among others.
2.0.1 ECONOMIC AND FINANCIAL CRIMES COMMISSION
(EFCC)
The
EFCC was established by Act No. 5 of 2002, effective from 14 December, to
combat economic and financial crimes in Nigeria. The Commission is empowered to
prevent, investigate, prosecute and sanction economic and financial crimes and
is charged with the responsibility of enforcing the provisions of other laws
and regulations relating to economic and financial crimes such as The Money
Laundering Act 1995, The Advance Fee Fraud and Other Related Offences Act 1995,
The Failed Banks (Financial Malpractices in Banks) Act 1994, The Banks and
Other Financial Institutions Act 1991, and Miscellaneous Offences Act. (ICAN,
2014; Olurankinse and Bayo, 2014).
2.0.2 DUTIES OF ECONOMIC AND FINANCIAL CRIMES
COMMISSION (EFCC) IN
NIGERIA
According
to Part II of the Act, the Commission is responsible for:
a)
The enforcement and the due administration of the provisions of the Act.
b) The investigation of all financial crimes
which include advance fee fraud, money laundering, counterfeiting, illegal
charge transfers, futures market fraud, fraudulent encashment of negotiable
instruments, computer credit card fraud, contract scam, etc
c) The co-ordination and enforcement of all
economic and financial crime laws and enforcement functions conferred on any
other person or authority.
d)
The adoption of measures to eradicate the commission of economic and financial
crimes.
e)
The adoption of measures to identify, trace, freeze, confiscate or seize
proceeds derived from terrorist activities, economic and financial crime
related offences or the properties, the value of which corresponds to such
proceeds.
f)
The adoption of measures which include coordinated preventive and regulatory
actions, introduction and maintenance of investigative and control techniques
on the prevention of economic and financial related crimes.
g) The facilitation of
rapid exchange of scientific and technical information and the conduct of joint
operations geared towards the eradication of economic and financial crimes.
h) The examination and
investigation of all reported cases of economic and financial crimes with a
view to identifying individuals, corporate bodies or groups involved.
i) The determination of
the extent of financial loss and such other losses by Government, private
individuals or organisations.
j) Collaboration with
Government bodies both within and outside Nigeria, carrying on functions wholly
or in part analogous with those of the commission concerning:-
§
The identification, determination, of the
whereabouts and activities of persons suspected of being involved in economic
and financial crimes.
§
The
movement of proceeds or properties derived from the commission of economic and
financial and other related crimes.
§
The
exchange of personnel or other experts.
§
The
establishment and maintenance of a system for monitoring international economic
and financial crimes in order to identify suspicious transactions and persons
involved.
§
Maintaining data, statistics, records and
reports on persons, organisations, proceeds, properties, documents or other
items or assets involved in economic and financial crimes.
2.2 INDEPENDENT CORRUPT
PRACTICES AND OTHER RELATED OFFENCES COMMISSION (ICPC): The
ICPC was established by the Corrupt Practices and other Related Offences Act of
2000. The Commission is a body corporate, endowed with perpetual succession. It
has a common seal and is juristic (that is, may sue and be sued in its
corporate name). (ICAN, 2014) Composition of ICPC As provided by the Act
establishing ICPC, the Commission shall consist of a Chairman and twelve (12)
other members, two of whom shall come from each of the six geo-political zones,
thus:
1. A retired Police Officer not below the rank
of Commissioner of Police.
2.
A legal practitioner with at least 10 years post call experience.
3.
A retired Judge of a Supreme Court record.
4. A retired Public Servant not below the rank
of a Director.
5.
A youth not being less than 21 or more than 30 years of age at the time of his
or her appointment.
6.
A Chartered Accountant. The Chairman of the commission shall be a person who
has held or is qualified to hold office as a Judge of a superior court of
record in Nigeria. (ICAN, 2014).
2.3 DUTIES
OF ICPC IN CURBING CORRUPTION IN NIGERIA
a) Where reasonable ground exists for
suspecting that any person has conspired to commit or has attempted to commit
or has committed an offence under the Act or any other law prohibiting
corruption, to receive and investigate any report of the conspiracy to commit,
attempt to commit or the commission of such offence and, ensures that
appropriate measures are taken to punish the offender.
b)
To examine the practices, systems and procedures of public bodies and where, in
the opinion of the Commission, such practices, systems or procedures aid or
facilitate fraud or corruption, to direct and supervise a review of them.
c)
To instruct, advise and assist any officer, agency or parastatals on ways by
which fraud or corruption may be eliminated or minimized by such officer,
agency or parastatal.
d) To advise Heads of Public Bodies of changes
in practices, systems or procedures compatible with the effective discharge of
the duties of the public bodies as the Commission thinks fit to reduce the
likelihood or incidence of bribery, corruption and related offences.
e) To enlist and foster public support in
combating corruption.
2.4 COMMITE
OFFENCES AND PENALTIES
1. Offence
of accepting gratification: Any person, who corruptly asks for, receives or
obtains any property or benefit of any kind for himself or for any other person
or agrees or attempts to receive or obtain any property or benefit of any kind
for himself or for any other person, is liable to imprisonment for seven (7)
years.
2. Offence
of giving or accepting gratification through agent: On conviction, shall be
liable to imprisonment for seven (7) years.
3. Acceptor
or giver of gratification to be guilty, notwithstanding that, the purpose was
not carried out or matter not in relation to principal‘s affairs or business:
On conviction shall be liable to imprisonment for (seven) 7 years.
4. Fraudulent
acquisition of property: Any person found guilty, shall on conviction, be liable to imprisonment for
seven (7) years.
5. Fraudulent
receipt of property: Any person who receives anything which has been obtained by means of act
constituting a felony or misdemeanour inside or outside Nigeria, which if it had been done in Nigeria would have
constituted a felony or misdemeanour
and which is an offence under the laws in force in the place where it was done, knowing the same to have been
so obtained, is guilty of a felony and the offender shall, on conviction be liable to imprisonment for seven (7)
years.
6. Penalty
for offences committed through postal system: If the offence by means of which the thing was obtained is a felony, the
offender shall on conviction be liable to imprisonment
for three (3) years, except the thing so obtained was postal matter, or any chattel, money or valuable security
contained therein, in which case the offender shall on conviction be liable to imprisonment for seven (7) years.
CHAPTER THREE
3.0 THE
CHARACTER OF GOVERNANCE IN NIGERIA
Politics,
as the major defining factor in power and resource sharing in any country,
occupies a critical position in the governance configuration of Nigeria in an
era where power arenas ought to be diverse and mutually complementing. This anomaly
continues to haunt the character of governance in Nigeria. This position comes
out clearly when the definitions of governance from across many countries of
the world as well as multi-national donor agencies are considered. A historical
exegesis of the character of governance in Nigeria is uncompromisingly needed
at this juncture, because the events that culminated into the present character
of governance are rooted in history. Nigeria, like most other African
countries, is shaped by colonialism. Knowing well that these countries were
ill-prepared for independence, coupled with the fact that the necessary
institutional framework that could nurture a virile state were not in place,
the African nationalists scrambled their respective countries into independence
only to be left for post-colonial onslaught. Arising from this fact is that
nationalism succeeded in breeding elitism rather than patriotism; guided
egocentricism rather than national interest; and tribal/ethnic politics rather
than national state-making. Military rule is another encumbrance to the dented
character of governance in Nigeria. Its advent, tenure and activities coalesced
into a reshape of the character of governance in Nigeria around violence,
arbitrary rule, patrimonialism, clientelism, and warlordism. Fortunate as the
military juntas were, they failed to convert their rare opportunity to govern
against the backdrop of the mis-match of their rhetorical promises vis-à-vis
their actual performances. Their messianic mission oftentimes ended on the
bedrock of failure, corruption, high-handedness and gross mismanagement of
national resources. The discovery of oil in commercial quantity at Oloibiri
around mid-50s, in the then Rivers but now Bayelsa State, is another germane
factor the character shaping of governance in Nigeria. Really, the stupendous
oil wealth blossomed in the 70s, the revenue derivable from it between 1955 and
early 70s was too paltry to significantly affect the character of governance.
However, with the torrential flow of the revenue from oil, now nomenclatured
‘black gold’, politics in Nigeria became a different ball game. To make the
matter worse, the then Head of State, General Yakubu Gowon uttered an
inflammatory statement that “money was not the problem of Nigeria but how to
spend it”. This singular utterance, coming from the number one citizen of the
country, is capable turning politics into a highly competitive arena; where
political now engage in fearsome contestation over the abundant national
resources. It could also precipitate violence at virtually all levels of
politics and perhaps predispose contestation into zero-sum game whereby the
winners takes all. From the foregoing, it is arguable that the present
character of governance in Nigeria is a reflection of the historic-political
antecedents discussed above. Arising from the foregoing also is that those who
were fortunate to attain political positions have been reluctant to leave the
political arena. In this regard, a multi-ethnic elite group has emerged across
the polity, instituting themselves in key positions of power, reproducing and
replicating themselves in various forms. These power elites control vast amount
of money, control entrance into politics and determine the rule of political
game. The indivisible and formidable interests of the power elites have
consistently downplayed serious ethnic conflicts as well as the forces of
ethnic struggles. The emergence of the different ethnic militias has not
achieved much also because of the impervious interests of the multi-ethnic but
united power elites. Once anything is conceived as capable of adversely
affecting the accumulation and exploitation of national resources, which sums
up the interests of these elites, they are willing to nib the problem in the
bud irrespective of its ethnic or personality dimension. It stands to reason,
therefore, that the fact that these power elites have been acting as a binding
force for the country is completely at variance with good intentions for
State-making; rather, they are inwardly driven by personal and parochial
interests.
3.1 ICPC, EFCC AND THE WAR AGAINST CORRUPTION
UNDER OBASANJO
The ICPC was inaugurated in September 2000,
while the EFCC began operations in April 2003. Unlike similar institutions set
up in Nigeria in the past, both agencies were given relatively broad powers and
mandates to fight corruption and related offences. For instance, the powers of
the ICPC as provided in Section 6(a) to (f) of the ICPC Act, include the power
to receive and investigate complaints from members of the public on allegations
of corrupt practices and to arrest and prosecute those responsible. The agency
is also empowered to examine the practices, systems and procedures of public
bodies, and in cases where such systems aid corruption, it would direct and
supervise a review. In other words, it would instruct, advise and assist any
officer, agency or parastatal of government on the ways fraud or corruption may
be eliminated. Although Nigeria had never convicted anybody for corruption in a
regular court, the wide powers given to these agencies raised considerable hope
that corrupt officials were in for a tough time. Immediately after its
inauguration, ICPC took steps to implement its mandate. Within the first year
of its existence, four individuals were charged to court for various corrupt
offences. The number rose to 23 at the end of its second year (September 2002),
and 49 at the close of its third year in September 2003. These cases stemmed
from a total of 17 criminal pursuits, which themselves emanated from hundreds
of petitions submitted to the ICPC by different individuals and groups8. As of
December 2006, the ICPC was prosecuting 185 persons in a total of 91 cases
around the country (39 were filed in 2006 alone). In October 2008, the number
of cases in court stood at 161 involving 309 persons9. But as the number of
cases filed before the courts rose, the number of convictions remained
stagnant. The number of successful prosecutions from September 2000 to June
2006 was only two. The number only increased to 20 in 2007, none of whom was a
prominent figure. In other words, the ICPC could not translate all its efforts
into tangible successes. This dismal performance caused substantial discomfort
among the populace and within the international community, giving room for
further pressure on the government. This renewed pressure culminated in the
establishment of the EFCC in April 2003.
3.2 SLOW DOWN IN THE PROSECUTIONS
OF TOP PUBLIC OFFICIALS UNDER YAR‟ADUA
The first reason for the negative perception
of the campaign against corruption under Yar‟Adua does not stand up completely
to the available facts. Our review of local press for the period covering
Yar‟Adu‟s administration and documents obtained from the offices of the EFCC
and the ICPC, showed that the arrest and investigation of individuals and officials
suspected of corruption did not cease. The trial of officials and individuals
investigated or charged to court by the anti-corruption agencies during the
Obasanjo administration (notably former governors) continued. Similarly, a
number of new cases involving politically exposed persons (PEPs) were started
under Yar‟Adua. Many of these new cases were later taken to court27. According
statistics published by the EFCC on May 1, 2010, the number of high- profile
cases being prosecuted in the courts by the EFCC were only 10 in May 1,2008.
However, two years later, the number has increased to 50. Within the same time
frame, the EFCC added a total of 100 new convictions, bringing the total to
400, while also recovering some illegally acquired funds in excess of
$3.5billion (EFCC, 2010). Some of the officials involved in the 40 new high
profile cases include two former ministers of Aviation, Professor Babalola
Borishade and Femi FaniKayode who were arrested and charged to court in July
2008 for their handling of the N19.5 billion Aviation Intervention Fund28. The
list also includes the daughter of the former President, Iyabo Obasanjo-Bello
(May 19, 2008) who is a Senator, former Minister of Health Adenike Grange, her
deputy and several senior officials of the Ministry of Health (April 7, 2008),
docked over allegations of sharing of N300 million belonging to the Ministry of
Health29.
Mrs.
ObasanjoBello was said to have received N10 million, part of the N300 million,
in her capacity as the Chairperson of the Senate Committee on Health. Also the
former governor of Plateau state, Michael Botmang was arraigned on the 17th of
July 2008 for allegedly stealing N1.7 billion in the six months he ruled as
governor following the brief suspension in 2006 of the substantive governor,
Joshua Dariye, as well as Boni Haruna, former governor of Adamawa, who was
charged on 5th of August on 21 count charges of corruption
3.2 POWERS OF THE BUREAU
The Code of Conduct Bureau was set up
and empowered to:
a) receive declarations by the public
officers made under paragraph 12 of Part 1 of the Fifth Schedule of the 1999
Constitution;
b) examine the
declarations in accordance with the requirements of the Code of Conduct or any
law;
c) retain
custody of such declarations and make them available for inspection by any
citizen of Nigeria on such terms and conditions as the National Assembly may
prescribe;
d) ensure
compliance with and, where appropriate, enforce the provisions of the Code of
Conduct or any law relating thereto;
e) receive
complaints about non-compliance with or breach of the provisions of the Code of
Conduct or any law in relation thereto, investigate the complaint and, where
appropriate, refer such matters to the Code of Conduct Tribunal; and
f) carry out any other functions as
may be conferred upon it by the National Assembly. (ICAN, 2014).
3.3 RECOMMENDATIONS
a. The
anti-graft agencies in Nigeria should be structured with unlimited independence
granted to them to bring to book any public officer found in any form of economic
and financial crime no matter how highly place.
b. The
leadership of various agencies should not be appointive rather should be
attained to by handwork and experience. In other words, it should be the most
senior officer in the agency with clean slate (like the post of permanent
secretary of ministries).
c. Adequate funding by government and
reasonable cooperation from other agencies of government like the police, the
judiciary, etc. should be provided for the effective operations of the
anti-graft agencies.
CONCLUSION
For
many decades, Nigeria has grappled with the challenge of eradicating corruption
from its body polity with little success. In 1999, following the election of
President Olusegun Obasanjo, the country launched a new crusade against
corruption. Due to its more elaborate nature38, international pressure and
President Obasanjo‟s personal involvement in anti-corruption activities in the
past, this campaign attracted considerable attention and interest. The
heightened attention was also due to the fact that it was the first time a
Nigerian leader made the fight against corruption his number one policy
priority, which indeed culminated in the fall of quite a number of highly
placed public officials (Senate Presidents, Speaker of the Federal Parliament,
State Governors, Ministers, Head of public parastatals, etc.). Yet, Obasanjo‟s
anti-corruption fight was also politicized, especially towards the end of his
second term in office, when it was employed to destroy his political
adversaries, such as Vice-President Atiku Abubakar, without regards to
constitutional rights and due process. The question of whether corruption was
not increasing even under a regime that Unlike previous anti-corruption programmes
in Nigeria, Obasanjo‟s anti-corruption policy offered a far more comprehensive
anti-corruption strategy, encompassing the setting up of specialised
anticorruption institutions, implementation of a host of public sector reforms
and some international measures aimed at the repatriation of looted funds
starched away in some secret overseas accounts. Those concerns were mainly due
to the way of the fight against corruption was conducted or carried out by the
major anti-corruption agencies, the EFCC and the ICPC. The inauguration of
these agencies had raised a lot of hope. Even though it was not the first time
anti-corruption agencies were inaugurated in Nigeria (e.g. the Corrupt
Practices Investigation Bureau in 1975 and Code of Conduct Bureau in 1979 respectively),
the unprecedented powers and promise of political support given to these
institutions led many analysts to believe that a lasting solution might have
been found to
Nigeria‟s
perennial struggle with corruption. More discouraging, the credibility earned
by the EFCC, following the successful arrest and prosecutions of highly placed
criminals, soon began to evaporate when allegations of violations of human
rights39 and selective application of anticorruption laws (against Obasanjo‟s
political enemies) surfaced towards the April 2007 elections. The
politicization of these agencies under the Obasanjo administration gradually
rendered the campaign against corruption difficult, if not plainly ineffective.
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