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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

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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

39

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.

40

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