Post on 23-Jan-2023
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CORRUPTIONCORRUPTIONCORRUPTIONCORRUPTION IN NIGERIIN NIGERIIN NIGERIIN NIGERIAAAA:
WHY IT IS STILL PERVASIVE AND RECOMMENDATIONS
By:
Triumph P. A.1
1 The author of this Paper, an erudite and prolific writer, is a Minister of the Gospel and studying Law in the University of Calabar, Nigeria. He has
authored several papers; with major focus on legal issues in Nigeria and Theological interest as well. For enquiries, appointment, and conference
engagement, CONTACT: triumphatteh@yahoo.com; +234-8096773297, 8069754776.
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ABSTRACT
This paper seeks to explain why corruption is still pervasive in Nigeria
despite the existence of various normative and institutional frameworks put
in place to fight it. Corruption as a concept, though without a universally
accepted definition, still hold sway in Africa’s largest country and economic
giant; the most populous black nation in the world, with a population of over
160 million citizens. The method adopted in the work is that of reliance on
secondary sources (materials from various scholars, educational institutions
and other organizations) and personal observation. The paper therefore
examines the reasons behind this unwholesome state of affairs, and finally
proffers possible solutions by way of recommendations.
Keywords: Corruption, suitable development, anti-graft agencies and
Nigeria.
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LIST OF THE NORMATIVE FRAMEWORK AGAINST CORRUPTION
i.) Economic and Financial Crimes Commission (EFFCC) Act
ii.) Independent Corrupt Practices and Related Offences Commission
(ICPC) Act
iii.) Advanced Fees Fraud Act
iv.) Money Laundry Prohibition Act
v.) Miscellaneous Offences Act
vi.) Code of Conduct Act
vii.) Nigerian Extractive, Industries, Transparency Initiative Act
viii.) Freedom of Information Act
ix.) Fiscal Responsibility Act
x.) Penal Code Act
xi.) Criminal Code Act
1.1 LIST OF THE INSTITUTIONAL FRAMEWORK AGAINST
CORRUPTION
(i) The Police Force;
(ii) The Economic and Financial Crimes Commission (EFCC);
(iii) The Independent Corrupt Practices and Related Offences
Commission (ICPC);
(iv) Monitoring and Price Intelligence Unit (BMPIU) a.ka. “The Due
process Mechanism”
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2.0 INTRODUCTION
Corruption is generally said to be dishonest or immoral behaviour that
is not in line with generally accepted standards. In official terms, corruption
can be seen first, as the abuse of an entrusted position for personal benefit
and second, as the exploitation of a system for securing an unmerited
advantage (Okoduwa, 2009). According to the ICPC official and guest
speaker at the event of an anti-corruption seminar in the Federal College of
Education in Omoku, Rivers State of Nigeria, corruption does not only been
manifested by office holders, but also those who induce them to so be.
Corruption, as a menace, is everywhere and has become so
predominant today in different form (Igbuzor, 2008). For us in Nigeria, it
has survived the First to the Fourth (present) Republics. Only a blind and
an ignorant fellow living in Nigeria, even for a month, would concede the
contrary. It is there in our homes, in the crèche, primary schools, post-
primary schools and tertiary institutions of learning; where admissions
are granted most times on the basis of ‘sorting’ and grades are awarded
based on unscrupulous methods. How about the medical sector; where
medical practitioners steal hospital drugs and equipment for their private
use? And how about amongst the legal practitioners; where judges will
declare a man “discharged and acquitted”, only to be tried and convicted
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of the same crime (for which our judges justified him of) abroad and is
presently serving jail terms there? Corruption, would one not find a trace
of it in the religious outfits; where clerics are now big ‘men/women’ today
via offerings made to ‘God’ – public funds? Can one neglect its existence
in the economic sectors; where the monies in the banks that folded up
cannot be traced? How about in the aviation industry; where 250 million
naira would be used to purchase two bullet-proved BMW cars? Or can
we exonerate the petroleum sector; where about 10 billion naira was
used to maintain a private jet within two years? Or may the writer forget
to mention the political sector; where it seems corruption finds its cruise
to a near difficult altitude where no anti-corruption drone invented can
reach nor can any spirited anti-graft radar detect?
Corruption in Nigeria has clad itself with the breastplate of
intellectual immunity and has developed, over the years, a brazen feet
that no wind of anti-corruption crusaders can tilt neither to the left nor to
the right. It is aged but has ignored the law of nature – to grow old and
die. It is embedded in every of our systems, so that no one seems
innocent, at least in our eyes or those of the international community.
And even those who may delude their gullible minds to the contrary,
maybe no occasion has not, at yet, presented itself to them. It
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(corruption) is a full-grown, mature and able body monster with
developed thinking faculty and sophisticated wit to maneuver various
targeted attempts to put it in a diametrical checkmate. Its schemes are
very complex, its methods so shrewd, sneaky yet very dreary. It attacks
and confronts, with an adamant zest, any opposition, and readily outwits
any unstable, yea, even unplanned assailant. And disheartening
enough, its stature is almost so frightening than the Biblical giant of the
Philistines, so that it has enslaved many a nation, our dear nation
inclusive, in a near hopeless servitude. Nations whose leaders as well as
led are too benign and witched to encourage another for a real war
against it.
Today, there seems to be hope of a David for the Nigerian state,
who is wishing chance may happen to present him/her in affront of a
direct intellectual, economical, political, religious and final combat.
However, whether this David will ever surface in the direct affront against
this monster still remain a wish and desperate supplication. Because,
many an Eliab are there who are benefiting from the proceeds of this
canker (corruption) who would desire nothing or at least nobody draw the
battle line against this monster.
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It is on the above premise therefore, that the writer seeks to explain the
numerous reasons why this monster (corruption) still outlive the past
measures setup to combat its existence and effects, and also why its
pervasiveness still lingers despite all the existing frameworks to put it to
death. The writer shall also proffer recommendations based on two
platforms: in alignment with other authors and as a novel personal view.
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2.1 CONCEPTUALIZATION OF CONCEPTS
The conceptualization of concepts is the bringing of meanings to bear on
concepts in order to foster proper understanding of those concepts. This is so
because, according to conceptualism, the existence of something is dependent
on our having a mental concept of it (Encarta, 2009); it is the contriving of an
idea or explanation and formulating same mentally (an online Thesaurus).
2.1.0 What is Pervasive?
According to an online reference, the word ‘pervasive’, when used
as an adjective, denotes to “spread throughout: The corruption is so
pervasive that it is accepted as the way to do business.”
But the Merriam-Webster online Dictionary defines it as “existing in
or spreading through every part of something.” And it is within this
context that the term is used in this paper; that is, why corruption still
exists in or spreading through various parts of the country despite the
various normative and institutional frameworks put in place to checkmate
this trend.
2.1.1 What is Suitable Development?
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The word ‘suitable’, as an adjective, means “appropriate”,
“desirable”, or “proper”. While development (the state of growth and
progress) as a concept denotes different thing depending on the context
in which it is used. Here, development may be viewed from the
perspective of economic and environmental control, where it would be
synonymous with sustainable development, the meaning of which may
be said to include “a pattern of resources use, that aims to meet human
needs while preserving the environment” (From the Wikipedia).
2.1.2 What is corruption?
According to the sitting president, President Goodluck Jonathan,
perception sometimes is stronger than the concept itself. Thus, what
many Nigerians believe and are made to believe is corruption in Nigeria
is, to a proven and verifiable extent, not in fact corruption from a
conceptual perspective. According to His Excellency, during the May
2014 edition’s Presidential Media Chat, being worried by the prevalence
of the Nigeria-corrupt trend, invited the his Vice, the Chief Justice of the
Federation, the President of the Court of Appeal, two Chief Justices, the
key principal officers of the both federal House and their deputies to a
private unconventional meeting to discuss this worrisome trend. The
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President noted that, the former Chief Justice of the federation – Justice
Mustapha (rtd.) noted that after a personal private studies of the various
case files of ‘corruption’ either by the EFCC or other related anti-graft
bodies, he discovered 70%(sic) of them had nothing to do with the
element of corruption, but could have been speedily prosecuted under
stealing (Goodluck, 2014).
From the above, it follows that there is need for deliberate
conceptualization of the concept ‘corruption’, in order to better view the
concept under the Nigerian perspective. It is therefore imperative to
enquire its meaning.
However, this does not purport to proffer solution to the question as
to whether the conceptualization of corruption as a concept or causal
factor is relevant, as that is beyond the scope of this work and may
properly be handled by etymologists. Not undermining the fact that,
conceptualization of a concept may affect the perception created in the
minds of people towards a given social phenomenon, the effect of which
may metamorphous into fallacious worldview of such concept.
The word, corruption as a concept has been defined over the years
by many people in different ways. To some, their perception of corruption
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is from the moral perspective, while to others it is from the political
perspective. According to Aristotle, Plato, Thucydides, Rousseau and
Friedrich, corruption meant moral deviation, especially from those in
power (Hutchcraft, 1997). It seems that the present perspective of the
concept is that of the World Bank with slight modifications, which is
“abuse of public office for private gain (World Development Report,
1997:101-105). However, this narrow definition, excluding similar abuse
in private office has subjected it to criticism from some writers
(Orluwene). Whichever way one may look at it, corruption is a menace.
In looking at the various definitions proffered by writers and
international institutions, Igbuzoe summed the definitions into three, to
wit:
First is that corruption is a dishonest act, wicked and bad. As
a result, it will be expected that good people will not be
involved in it. Secondly, corruption is seen as immoral and
antithetical to the positive virtues of society. This implies that
there should be social disapproval of anyone who engages in
corrupt practices. Thirdly, corruption involves an abuse or
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misuse of position and authority. Any of such abuse is
expected to be met with sanction (Igbuzor, 2008).
Finally, two more definitions will suffice to enhance proper
perception of this concept. These are the definition of the Encyclopedia
of Social Science and that of Transparency International. The former
defines corruption as the misuse of public power for private profit, while
the latter sees corruption as behaviour on the part of officials in the public
sector, whether politicians or civil servants, in which they improperly and
unlawfully enrich themselves, or those close to them, by the misuse of
public power entrusted to them (Igbuzor, 2008).
Categorically, corruption has been grouped into five categories:
Political corruption, Economic Corruption, Bureaucratic corruption,
judicial corruption and moral corruption. The first is manifested in
activities connected with election and succession, and the manipulation
of people and institutions in order to retain power and office. The second
occurs when business people use corrupt means to pervert the normal
institutional regulations, hasten or shorten procedures and get undue
advantage or value for goods and services. The third involves buying
favour from bureaucrats, who formulate and administer government
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economic and political policies including foreign exchange, privatization
exercises, import licenses, taxes etc. The fourth occurs when law
enforcement agencies and the courts pervert the administration of
justice. And the fifth occurs when people engage in practices that are
morally reprehensible (Otite, 1986).
Whichever way one looks at it, a single feature may be deduced
from the above; that is, corruption is anti-normal way of societal life.
Although what may be normal is relative; as what is normal in the
northern part of the country, for instance, may not be normal in the
southern part of the country. However the difficulty one may encounter in
an attempt to conceptualize the concept “corruption”, it follows that its
occurrence is noticeable and its aftermaths very unbearable. Therefore,
there is need for a joint fight against it, even though it seems difficult to
grasp it as a concept.
2.2 THE FIGHT AGAINST CORRUPTION IN NIGERIA
The fight against corruption has been on in Nigeria since pre-colonial
era, and has not to stop. For instance, there have been such movements
as the 1979 Ethical Revolution, the War Against Indiscipline (WAI), the
MAMSER, the War Against Indiscipline and Corruption (WAIC), and of
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recent, in bit to fight corruption, former President Olusengun Obasanjo
established the Independent Corrupt Practices and Related Offences
Commission (ICPC) and the Economic and Financial Crimes
Commission (EFCC). He declared a no “business as usual” crusade
against this menace (Obasanjo, 2003).
The ICPC for instance, alongside the EFCC is doing averagely well.
Both bodies have contributed greatly to the reduction of the prevalence
of corruption in Nigeria, even though much is still to be done. Rtd. Hon.
Justice Muhammad M. Akanbi in his keynote address at a one-day
seminar tagged: “Curbing Corrupt Practices Through Religion” reportedly
stated that the Chief Judge of Akwa Ibom State, a customary Court of
Appeal Judge in Delta State and a Chief Magistrate were arrested
consequent upon the fraudulent roles they played in an Election Tribunal
they participated in (Arikewuyo & Ahmed, 2005: 22).
It is reported that thus far, ICPC “has filed 196 criminal cases involving
374 persons who cut across the social spectrum and official
environment”. But lamented that, since the law cannot criminalize every
act of bad governance and there cannot be prisons large enough to
accommodate all offenders against the law, …” prevention of the spread
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of the monster is a better approach which the ICPC is adopting; a
pragmatic measure that suggests prospect of achieving desirable end.
As such, there is a move by the Commission to establish Anti-corruption
and Transparency Monitoring Units (ACTU) in government establishments
across the country. (Okoduwa, 2009).
Moreso, as the fight continues, the EFCC has exposed, arrested
and prosecuted some suspects since its inception. For instance, the case
of ex-Inspector-General of Police, Mr. Tafa Balogun who was reported to
have been involved in financial scandal of about 13 billion naira. Also,
some State governors were also impeached for financial recklessness.
Chief Diepriye Alamisyier of Balyesa State and Joshua Dawiye of
Plateau State are good example of this. The immediate past governors of
Ogun, Oyo and Nasarawa States – Gbenga Daniel, Adebayo Alao Akala
and Alhaji Aliyu Akwe-Doma were arrested by the EFCC in October 2011
for alleged misappropriation of public funds of N58 billion, N25 billion and
N18 billion respectively. Also, Senator Danjuma Goje, the immediate past
governor of Gombe State was declared wanted by the EFCC over
allegations of mismanagement and diversion of over N52 billion state
funds (http://www.huhuonline.com/index, accessed 9/10/2011).
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This fight, according to Dr. Osita Agbu (a Senior Research Fellow,
Nigerian Institute of International Affairs Lagos), is “self-imposed and
fundamentally geared towards improving the economy and ensuring
better service delivery to the people”. Quite often, Osita laments, that
conflict of interests arise between the imperatives for transparency on the
one hand, and party loyalty on the other. Therefore, leading this war by
example cannot be overemphasized (Agbu, 2004).
However, the pervasiveness of this menace - corruption - leaves
behind it no positive stimulant for suitable development. It may not also
be readily agreed by the writer that it has, as in the Marxist’s perspective
of war and vices, created jobs for some persons and has extended the
scope of academic discipline.
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3.0 LITERATURE REVIEW
The writer’s first stop station in the voyage of sourcing materials for this
academic work is the seminar paper, presented by Rasheedat A. Okoduwa,
Head of Department, Education – Independent Corrupt Practices and Other
Related Offence Commission (ICPC) at the Federal College of Education,
Omoku, Rivers State of Nigeria, entitled: “Anti-Corruption Crusade: The ICPC
Perspective”. The speaker noted that:
Corruption is pervasive in Nigeria and manifests in
various forms. It is rampant both in the public and private,
formal and informal sectors of the economy. In the educational
sector, corruption in academic, social and administrative issues
takes the form of admission and certificate racketeering,
examination malpractice, bribery, embezzlement, nepotism,
sexual harassment, cultism, falsification of official records, over-
invoicing, contract kick-backs, unlawful levies, irregular
procurement processes, discriminatory recruitment,
discriminatory promotion and discipline etc.
To Okoduwa, the reason for the pervasiveness of corruption is not
poverty, as some schools of thought try to advance. Rather, according to
the speaker, the ICPC, like other schools of thought, holds the view that
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corruption is still pervasive in our county due to lax systems, excessive
discretion in official matters, lack of oversight mechanisms, lack of openness in
official decision-making processes, breakdown in ethics, greed, weak political
will, weak enforcement, impunity, lack of patriotism etc. And that the effects of
allowing this monster in our society is evidenced in the rot in infrastructure,
decayed morals, insecurity of life and property, decay in ethical and academic
standards, violent ethno-religious uprisings, dehumanizing poverty, brazen
electoral theft, among others not mentioned (Okoduwa, 2009).
As to the roles of the ICPC, Okoduwa highlighted that, the Commission has
three major roles: Enforcement, Prevention and Education. These for
instance, may be summed thus; Enforcement duties encompass the receipt of
petitions from members of the public on allegations of corrupt acts,
investigation of these petitions and the prosecution of offenders found
culpable under the Act 2000. Prevention duties deal with the study and review
of operational systems and procedures in government establishments towards
minimizing opportunities for corrupt exploitation. Subsumed under Education
duties are public enlightenment and mobilization against corruption as
captured by Section 6 (e) – (f) of the ICPC Act, 2000 which charges the
Commission to “educate the public on and against bribery, corruption and
related offences; and enlist and foster public support in combating corruption”.
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Moreso, the ICPC Act, 2000 defines corruption as including ‘bribery, fraud
and other related offences’; and criminalizes specific acts of corruption
including:
• Gratification: Section 8 prescribes a jail term of 7 years for asking
for, receiving or obtaining any benefit for anything done or omitted
to be done in the discharge of official duties.
• Bribery: Sections 9 & 10 criminalize corrupt offers and demands of
any benefit on account of official duties and prescribe a 7-year jail
term for each offence. S. 19 prohibits bribery in relation to voting,
aiding in procuring contracts etc. and recommends a 5-year jail
term for the accused.
• Offence of using office to confer unfair advantage upon oneself,
relation or associate attracts a jail term of 5 years under S. 19 of
the law.
• Inflation of the price of goods or service above the prevailing
market price or professional standards is punished under S. 22 (3)
with imprisonment for 7 years and a fine of N1m.
• Award of contracts without budget provision, approval and cash
backing is an offence punishable under S. 22 (4) with 3 years
imprisonment and a fine of N100, 000.00.
• Moving money from one project to another project (Virement)
without compliance with due process attracts 1 year jail term or a
fine of N50, 000.00 (Okoduwa, 2009).
Further, (Marquette, 2010:25), who citing (Smith, 2007:5), notes that in
the Nigerian perspective, corruption is multi-facet: it permeates into every
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aspect of the day-to-day life of an average Nigerian. The author expressed
the view this way:
…..when Nigerians talk about corruption, they refer not only to the
abuse of state offices for some kind of private gain but also to a
whole range of social behaviour in which various forms of morally
questionable deception enable the achievement of wealth, power,
or prestige as well as more mundane ambitions. Nigerian notions of
corruption encompass everything from government bribery and
graft, rigged elections, and fraudulent business deals, to a
diabolical abuse of occult powers, medical quackery, cheating in
school, and even deceiving a lover.
It follows that corruption, according to (Adebayo) is almost synonymous
with the birth of the nation. Consequently, the writer submits that, the birth of
Nigeria came after several processes of corrupt colonial incubation; as
such, corruption has so engulf around the fetus that it becomes almost
inalienable. This view expressed by the writer may also gain support from
the view of (Boja, 1970) in his Anatomy of Corruption in Nigeria, who stated
that:
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Corruption of office in Nigeria goes back to the colonial era
when the messenger collected bribes from the illiterate
people before he allowed them to go in to see the District
Officers and when the interpreter received his kola in order to
present the illiterates‟ cases before the expatriate dispenser
of justice. Being the nearest men to the then corridors of
power, the messenger and the interpreter wielded great
influence. Later came the council clerks and court clerks of
the Native Administrations many of whom succeeded only too
well in the perversion of the course of justice. Finally, as the
expatriates withdrew from political and administrative power,
indigenes stepped into their shoes and many of them began
to revel in their new-found power (Olanrewaju, 2007: 448).
Corruption has become a cankerworm, which has eaten deep into the
fabric of the Nigerian society. It has established itself in all spheres of the
socio-economic and political realms of the nation (Adebayo). This view is
very well upheld by many scholars, who by virtue of research have come to
grasp the seemingly true nature of corruption and why it is still pervasive in
our nation today. (Shehu, 2006) for instance, noted this when he observed
that:
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Corruption and fraud as acts of criminal and betrayer of trust,
in all their forms and manifestations, have not only been
perfected in Nigeria but have become the order of the day – a
means of earning a living. Though, not legally
institutionalized, fraud and corruption have certainly been
tacitly approved and conventionally legitimized. Fraudsters
and corrupt public figures have become celebrities just as
they have been hailed as heroes. Conversely however,
trustworthy and credible persons have almost been
ostracized and condemned. The society is far from being
upright, normal and balanced, because all sectors of our
national life have been penetrated and influenced by fraud
and corruption (Sunday Triumph, Sunday, December 24,
2006).
According to (Shehu, 2006), there can be no suitable development where
corruption is concurrently allowed to exist. He further cited an instance of The
Nigerian National Supply Company (NNSC) which was established in 1972
with the purpose of fighting inflation and ensuring even distribution of goods
which it was authorized to import. As laudable as this project was, he noted, it
was rendered useless by corrupt officials in charge. It was reported that goods
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worth some N6.9 million (as at then) disappeared into thin air between the
wharf and the company’s warehouses. This happened after the Government
Coastal Agency had cleared the Company’s tyres and goods and loaded them
into forty-seven trailers. It was said that twenty-seven of the trailers carrying
fifty-two containers disappeared and nobody could trace the where-about of
the trailers. At another instance, the corrupt practices in Nigeria have been
internationalized. Amoloye, (1984) cited a report of how an Indian
businessman Rajendra Sethia connived with some officials of the Nigerian
National Supply Company to hike the price of sugar shipped to Nigeria by
1,000 percent.
According to Oby Ezekwesili, the Senior Special Assistant (SSA) during
former President Obasanjo, on Budgets, Due Process and Price Monitoring,
the Federal Government lost an estimated N900 billion to inflated contracts in
the last twenty years. This was traced to corruption in the area of award of
contract (Agbu, 2004). However, it was reported that by implementing of the
principles of due process and transparency, the trend has reduced drastically
(Nigeria Tribune, 2004). It remains to add that the fight is still enormous.
From the foregoing, one would think that there is nothing that can be
done to salvage the situation. Alas! This is far from the intent of this writing,
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and the purpose for which it is enshrined in the course of tertiary education.
The writer is of the view that, a glimpse into some countries’ history of anti-
corruption fight will go a long way to inject optimism into the minds of every
Nigerian.
For a start, it took Hong Kong, under the leadership of Governor Sir
Murray MacLehorse, via the Independent Commission Against Corruption
(ICAC) under the chairmanship of Justice Alastair Blair-Kerr to fight this
monster to a drastic stalemate (Heilbrum, 2004).
Also, Singapore, after the grant of independence in 1959 from Malaysia,
a deliberate effort by the ruling party (People’s Action Party) was put in place to
reform and regulate the citizen’s behaviour and strict punishments for corrupt
practices were effected (Milne & Mauzy, 1990).
The country’s Corrupt Practices Investigation Bureau (CPIB) played a
cardinal role of helping their economy to attain the status of one of the 20
recipients of foreign investment in absolute terms in the world, under the
leadership of President Lee Kwan Yew (Heilbrum, 2004).
Finally, the United States of America that we now envy had, in their past,
been plagued by this monster. Among many are the notable Credit Mobilier
scandal of the 1870s (Noonan, Jr., 1984); the Tammany Hall in New York City
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during the 19th century (Mandelbaum, 1965); the Teapot Dome, the Lockheed
and Abscam scandals (Noggle, 1965), etc are various emanation of this
monster. However, did they go to sleep, or handled it with gloat hands? No!
Rather, like Heilbrum observed:
Each of these infamous chapters of U.S. history resulted in
different reforms. Tammany Hall’s excesses prompted passage of
the 1888 Pendleton Act that ended patronage practices and
defined codes of conduct for the civil service. Teapot Dome gave
impetus to the Progressive Movement’s reforms and congressional
oversight of the executive. The Lockheed bribery scandals
preceded the 1977 Foreign Corrupt Practices Act (FCPA) that
prohibits the payment of bribes by American corporations operating
overseas. Hearings and convictions from the Lockheed and
Abscam scandals led to the establishment of the Office of
Government Ethics (OGE) as part of a multi-agency approach to
fighting bureaucratic corruption (Heilbrum,2004).
It is therefore, a challenge to everyone today, that the fight against
corruption in our country (Nigeria) is not that of the President Goodluck
Jonathan and his ruling party, but a war of all and sundry. That is, whether a
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president comes and goes, should not be shown in our synergy in this
expected collective fight against this dreaded monster.
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4.0 REASONS WHY CORRUPTION IS STILL PERVASIVE IN NIGERIA
From the above, it can be categorically stated that despite the
various frameworks set in place to combat the menace of corruption in
Nigeria, it is still pervasive and eating deeper into our national life. The
question that may leap in the mind is: what are the reasons for this
resistance; or are we destined to live our temporal life with corruption
without any spark of hope?
The following therefore are some of the reasons which the writer
has been able to glean from secondary sources and personal
observation:
� The day-to-day policies and activities of the government seems to
condone corruption. Or at least, it appears that the fight against
corruption is not longer government’s top priority as was preached during
the ear of President Obasanjo. During the time of late President Yar’ dua,
although the fight was on, but his closed-door affinity with top politicians
who were already being investigated by the EFCC, and his melancholic
method of fighting the blight under the auspices of ‘due process and rule
of law’ weakened the forte with which his immediate predecessor fought
the bane. This let to prolonged trial in court and even disinterest in some
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of the high profile cases. And during the present government, this fight is
even becoming obscure (Unuoha, 2011).
� The available anti-graft agencies are subject to the whims and caprices
of the wealthy and top politicians. They are been manipulated here and
there and being used as tool of witch-hunting oppositions. For instance,
according to (Unuoha, 2011) James Ibori, who was expected to be listed
in the EFCC’s list of “Ongoing High Profile Cases”, was deliberately
omitted. Possibly because he, among others, were the political allies of
the late President Yar ‘dua. Thank God he, Ibori, is cooling in jail abroad
for the same factor in which he was declared by Nigerian court as
innocent.
� The anti-graft agencies are only partially accountable to the executive
and not the massive or the public.
� Where the president is so empowered with discretionary power over the
various anti-graft agencies, e.g. under the EFCC Act, the president can
fire the chairman at his unilateral will. The effect of this is that, the
president is given the proclivity that may be easily be influenced by
subjective susceptibility, thereby inhibiting the ‘biting’ nature of the
commission.
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� The various anti-graft agencies, unlike in Hong Kong and the New South
Wale, are left to work without an independent monitoring committee. This
makes their job easy to be manipulated and relevant information easily
hidden from the public who may need same to prosecute suspected
corrupt persons.
� Some of the legal frameworks enacted toward checking corruption are
archaic and mere reformed puppet of colonial products. No
comprehensive legal framework to tackle the complex nature of
corruption.
� Delay in speedy prosecution and disposal of corruption cases in the
court. There is no special court or creating of court divisions from the
existing courts for the trial of corruption-related cases, like is done in the
labour and industrial sector.
� The few criminals convicted after due prosecution for corruptions are
given light sentences, e.g. the case of the man who, after stealing billions
of naira was asked to pay few thousands of naira. No strict penalty for
corruption-related crimes. This, according to the hedonist perspective of
corruption, make people to engage in corrupt practices with the notion
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that the proceeds therefrom will suffice to pay off any court sentence and
even left for their gratification.
� The courts, saddled with numerous cases which must be disposed of,
are left behind in the fight against corruption. Judges are there, who are
outdated as to the current trend, especially concerning foreign judicial
precedents against corrupt practices that are alien to our courts, but are
faced with such cases.
� Inadequate fund for the fight against corruption. Rather than pump
money into this fight, since it is not the top priority of the government,
money meant for this sector is diverted into other inconsequential
projects. Even the limited fund, is left in the hands of few individuals who
are almost unaccountable to any.
� Insufficient protection and security for anti-graft officials. The rate of
kidnapping and assassination of officials of the anti-graft agents is
capable of sending the message of fear into the mind of others. The
effect of this is that, where those who ought to fight corruption and the
corrupt, corruption will eventually boom and the perpetrators glow in ill-
gotten wealth.
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� The lack of confidence the public has towards the existing anti-graft
agents is a bane and the lack of cooperation between the civil society
organizations and the masses, leaves the various anti-graft officials
incapable to effectively and efficiently fight against this monster. It seems
the public have no regard to any campaign towards fighting corruption.
� Inadequate effective and regular grassroot campaign against corruption.
It has been observed that the various ongoing awareness programmes
geared toward reformation is center only in urban areas. Maybe, factors
such as poor road network, insufficient funds and problem of insecurity
could be traceable to this challenge.
� The exclusion of religious organizations in the fight against corruption is a
fundamental neglect by the government. It is observable that Nigeria is a
country where religion adherents are above average and are gullible to
the tune of their founders and preachers. Where these men and women
of God are left out of this fight or are engaged in a low tone, corruption is
bound to thrive. At times, these corrupt persons in the society belong to
one religious outfit or the other; be it Christianity, Islam, Buddhism,
Hinduism, Paganism, etc.
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� The “do-as-I-say-not-as-I-do” syndrome is a problem. This nation needs
paragons, adults of blazing excellence in the various fields of our polity.
It is not enough to merely teach, but in practice there is a deviation from
what is and what ought to be. The crowning of hoodlums and criminals
with national titles is a causal factor of the pervasiveness of corruption in
our nation irrespective of the available anti-graft agencies. It is stated that
actions speak louder than words.
� The Nigerian soil has, over the years, been made a fertile ground for
growing corruption and harvesting (not life imprisonment or death
sentence or compete restitution plus public disgrace, but) fame and
national applause. Both the external community and those of theirs within
our shore for one economic purpose or the other can attest to this. Even
Robert Mugabe of Zimbabwe (during his 90th birthday luncheon) could
indict his countrymen not to be as corrupt as Nigerians (Ojeme, 2014).
This is a slap on our national status.
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5.0 RECOMMENDATIONS
Having highlighted above, some of the reasons why corruption is
still pervasive in our nation, the writer submits the following as
recommendations for the above causes of the pervasiveness of
corruption in Nigeria:
- The war against corruption should be top priority of the government.
To this, it is not sufficient for such to be said to be, but must also be
seen to be the top priority of the government.
- The available anti-graft agencies should be statutorily empowered and
given complete independence from the influence of any arm of the
government.
- The available anti-graft agencies should only be accountable to the
public on monthly basis (via the internet, radio, TV, billboards, movies,
etc).
- There should be security of terms and conditions of office for
members of the anti-graft agencies. EFCC Act should be amended to
include a provision similar to 3(8) of the ICPC Act which subjects the
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President’s power to remove the Chairman and members of the
Commission to support of 2/3 majority of the Senate; while Section
3(12) provides that the Commission shall not in the discharge of its
functions be subject to the direction or control of any other person or
authority. Currently Section 3(2) of the EFCC Act provides that a
member of the Commission may at any time be removed by the
President for inability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause) or for
misconduct of if the President is satisfied that it is not in the interest of
the Commission or the interest of the public that the member should
continue in office. This makes the Chairman’s position precarious; and
exposes the holder of the office to manipulation by the President.
- Empowering of complementary committee to monitor the activities of
the various anti-graft agencies; and other civil society organizations,
so as to make it the war of all and sundry. The Freedom of Information
Act, Fiscal Responsibility Act, and Public Procurement Act should be
fully implemented to protect the anti-corruption activists from the paws
of the political and business ‘lions and lioness’.
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- The legal frameworks should be revisited and updated so as to brace
with the contemporary and trendy complexity of corruption. The
Evidence Act, the Criminal Procedure Code/Act, the Criminal Code
Act and Penal Code, etc are product of colonial efforts, they need, not
mere amendment but overhauling and a re-enactment of
comprehensive or near-so laws. For instance at the trial of Femi Fani-
Kayode the EFCC sought to tender an electronically generated bank
statement , but the defence objected relying on the Evidence Act, the
issue had to be resolved by the Court of Appeal.
- Special anti-corruption court should be created to foster speedy trial
and disposal of suspects and proceedings. This is what was done for
labour and industrial matters, when the National Industrial Court Act
was passed and not only created the National Industrial Court, but
was made a court of superior record by 3rd Alteration of the
Constitution of the Federal Republic of Nigeria, 1999 as amended.
- Strict liability should be attached to corrupt acts such as bribery,
embezzlement, misappropriation of public funds and properties. For
instance, last month, there was a report of the seizure of 61 flats from
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a single officer of the Nigerian Security and Civil Defence Corp in
Abuja.
- Our court judges and officials should undergo regular anti-corruption
training in advanced countries in other to be abreast with best
practices in developed countries.
- Like in Hong Kong, huge amount of money from the national budget
should be allocated to the fight against corruption. Such fund should,
for unfettered access, be deposited an account created with any of the
reliable bank, under the control of the various anti-graft agencies.
- Officials of the anti-graft agencies should be adequately remunerated
and recommended for higher position. They should benefit from well
funded life assurance schemes.
- The existing anti-graft agencies such as the Police and the Code of
Conduct Bureau should be well trained and re-trained. They should be
strengthened and other civil society organization should be brought in
synergy for the fight.
- More awareness should be created against corruption right from the
grassroot to the hem of affairs of the nation. The National Orientation
37
Agency, the Media houses, the Movie and Music industries should all
gear their productions toward proclamation of the message against
corruption. Moreso, helping the massing to understand what actually
is corruption, and the ability to differentiate between corrupt practices
and mere stealing, etc.
- Various religious outfits should herald the message of anti-corruption.
Seeing majority of the citizens of this country are adherents of one
form of religion or the other, it will enhance the crusade against
corruption, if their messages and practices reflect this national fight.
- Adults at all levels – at home, schools, colleges, universities, in the
various professions (Lawyers, Doctors, Engineers, Lecturers,
Politicians, Clergy, etc) should demonstrate the message of anti-
corruption everywhere. This is so because, it is not enough to write
and talk against corruption but in practice, the reverse is the norm.
Moreso, the youths and children are great imitators, on whom lies the
future and hope of our great nation.
- The Nigerian environment should be made very non-conducive for
both corruption and the perpetrators of corruption to stay or thrive.
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6.0 CONCLUSION
Corruption is a bane, a blight, a cancerous canker and dangerous
monster that imperceptibly eats into the very fibre and essence of any
nation. Allowing it in our country and habouring its descendants in our
polity is an indication of ancestral or colonial spell. No economy survives
its sting; no polity can withstand its detrimental blow. It is inimical to
national growth and a parasitic endemic that inhibit every conceivable
measure toward suitable development. Corruption is never synonymous
with suitable development; it never did neither can it tent in the same
camp with suitable development. Both stand in divergent position and are
like political parallel poles that cannot meet. It is either one is in or the
other automatically out or no existence. Where corruption is, any clime
where this monster is aided and abated, suitable development will
permanently remain a mirage; a dream that can never come to reality.
Therefore, if the above recommendations and other related ones
are relegated to the background, then one may regrettably forecast that
this country is eternally divorced from suitable development and
simultaneously heading to an irreversible economic Bermuda Triangle,
whose concomitant effects are colossal, devastating and catastrophic to
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the existence and continuance of the nation Nigeria. Thus, the clarion
call is still: “Arise O Compatriots” the fight is on; all hands must be on
desk. Aluta continua, Victoria acerta.
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