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CORRUPTION AND RULE OF LAW : AN
ASSESSMENT OF ANTI-CORRUPTION IN NIGERIA
ABSTRACT
“The constitution does not contemplate a
situation where any person, natural or artificial, can claim any exception
before the law. It has to be a situation of anarchy and wholesale illegality in
which an exception or a preferential treatment is dispensed in favour of
anyone, including the so-called high-profile corruption cases which the Chief
Justice alluded to. Our laws have no provisions for “high- profile” criminals
because a criminal is a criminal, irrespective what we think of him. It is the
failure of the system that has created that monster category of law-breakers in
Nigeria.”
Nigeria is a state that is founded on
the philosophy of the Rule of Law wherein all persons and institutions are
subject to the same legal treatment. This idea of the rule of law has been
expressed in many ways. The starting point for its discussion is the
Constitution, which has boldly set out the juristic parameters of the concept
as it applies to the Nigerian State whose nature, philosophy and other
characteristics are equally embedded in the Constitution.
The claim by the CJN, Aloma Muktar, last
week, that the AGF office is undermining this time-honoured doctrine by its
failure to carry out prosecutorial duties that the office is constitutionally
obliged to perform is a huge one, no doubt. If criminals are roaming our
streets in open defiance of the legal order, it is because someone has failed
in his duties. According to the learned CJN, “…the court cannot on its own
prosecute criminal cases; there must be the willingness of all prosecuting
agencies to prosecute cases brought before our courts, especially high-profile
cases of corruption and all others.”
Corruption in Nigeria undermines
democratic institutions, retards economic development and contributes to
government instability. Corruption attacks the foundation of democratic
institutions by distorting electoral processes, perverting the rule of law, and
creating bureaucratic quagmires whose only reason for existence is the soliciting
of bribes.
The issue of corruption has led to loss
of confidence in Nigeria by its citizens at home and abroad due to the
activities of fraudsters, corrupt public officials and mis-governance by our
leaders. On the international scene, Nigeria has been blacklisted as a slate in
which integrity and transparency are alien and where no transactions occur
without greasing palms. Others are over concentration of resource at the centre
and a culture of unregulated informal economy, inefficient contract awards,
inadequate enforcement of existing law, absence of the rule of law and a
culture of preferential treatment in the conduct of government business. The
Independent Corrupt Practices Commission (ICPC) and Economic and Financial
Corruption Commission (EFCC) were established by the present administration to
combat corruption at various levels. It is lamentable to observe that in spite
of these strategies in place, little or no success has been achieved in that
direction. The main objectives of the study are to identify the causes of corruption
and their effects on Nigerian society; to analyse the role of the various
Strategic Agencies on Anti-corruption and the impact of their existence. The
method adopted for the study is the historical and observational method.
Related literatures on corruption and government strategies are also utilized
for the study. The findings of the study are that the existing Anti-Corruption
Agencies are trying their best to curb corruption in Nigeria but that
greediness and political instability are some of the primary causes of
corruption. Government's lack of will to indict some past and present public
office holders, inadequate and ineffective legislation on corruption are
responsible for the high level of corruption in Nigeria today It is recommended
that in fighting corruption, Nigeria requires good and virtuous leaders who are
honest with integrity, discipline and trustworthy, creation of employment,
upgrading of Nigeria police amongst others.
CHAPTER ONE
1.0 INTRODUCTION
1.1 BACKGROUND OF THE STYUDY
“The constitution does not contemplate a
situation where any person, natural or artificial, can claim any exception
before the law. It has to be a situation of anarchy and wholesale illegality in
which an exception or a preferential treatment is dispensed in favour of
anyone, including the so-called high-profile corruption cases which the Chief
Justice alluded to. Our laws have no provisions for “high- profile” criminals
because a criminal is a criminal, irrespective what we think of him. It is the
failure of the system that has created that monster category of law-breakers in
Nigeria.”
Nigeria is a state that is founded on
the philosophy of the Rule of Law wherein all persons and institutions are
subject to the same legal treatment. This idea of the rule of law has been
expressed in many ways. The starting point for its discussion is the
Constitution, which has boldly set out the juristic parameters of the concept
as it applies to the Nigerian State whose nature, philosophy and other
characteristics are equally embedded in the Constitution.
The claim by the CJN, Aloma Muktar, last
week, that the AGF office is undermining this time-honoured doctrine by its
failure to carry out prosecutorial duties that the office is constitutionally obliged
to perform is a huge one, no doubt. If criminals are roaming our streets in
open defiance of the legal order, it is because someone has failed in his
duties. According to the learned CJN, “…the court cannot on its own prosecute
criminal cases; there must be the willingness of all prosecuting agencies to
prosecute cases brought before our courts, especially high-profile cases of
corruption and all others.”
Specifically, Section 1 (1) of the 1999
Constitution provides that “this constitution is supreme and its provisions
shall have binding force on all authorities and persons throughout the Federal
Republic of Nigeria.”
What this provision of the constitution
seeks to establish is that the constitution does not contemplate a situation
where any person, natural or artificial, can claim any exception before the
law. It has to be a situation of anarchy and wholesale illegality in which an
exception or a preferential treatment is dispensed in favour of anyone,
including the so-called high-profile corruption cases which the Chief Justice
alluded to. Our laws have no provisions for “high- profile” criminals because a
criminal is a criminal, irrespective what we think of him. It is the failure of
the system that has created that monster category of law-breakers in Nigeria.
Applied in the context that the CJN used
the phrase, namely, “high-profile corruption cases,” we can guess that she
meant cases involving criminals who enjoy high social status in Nigeria, such
as those of governors, ministers and other members of the elite class. The
question is: does the Nigerian constitution make exceptions for the so-called
high-profile corruption cases? The simple answer is no, because all accused
persons are equal before the law for reasons of prosecution and other fair
legal processes. Letting criminals off the hook simply because they are
considered high-profile is a direct invitation to anarchy and manifest
impunity. More importantly, it gives the false impression that crime pays.
The CJN was very specific in her allegation
of the existence of inequality in the dispensation of criminal justice in the
country and she listed the office of the AGF as the principal culprit in this
charge. That is really shameful. For the avoidance of doubt, I must point out
that the office of the Attorney-General is the only ministerial position
specifically listed in the constitution and it is, by its establishment,
composed of two important functions, i.e., by virtue of Section 150 of the
Constitution, he is both (a) the Chief Law Officer of the Federation and (b) a
Minister in the Government of the Federation.
As the chief law officer of the nation,
he is historically considered as the “keeper of the conscience of the nation”
under which it is his solemn duty to uphold the rule of law without fear or
favour on behalf of not the President or any authorities for that matter, but
that of the nation as a whole. In this capacity, the Attorney-General is not
subject to the control of the President because he is acknowledged as the
leading officer in the Temple of Justice. That is why he can lawfully initiate
proceedings against anyone, including the President in certain situations.
But as a minister, he is generally
subject to the control of the President like any other appointee, wherein he could
be contaminated by the forces of politics and, by implication,in his
professional judgment. That is why some people have been arguing for the
separation of the office of the Attorney-General as the law officer of the
federation from that of the Minister of Justice, which is a mere political
appointment.
The constitution understands that this
is a very delicate office which requires that the occupants are not likely to
betray the high duties tied to it and that is why it is the only ministerial
position with specific qualifications and length of experience tied to it. In
other words, not just anybody can be made an Attorney-General. A would-be
appointee must first be a lawyer and must be so qualified for a minimum period
of 10 years. He is also the only minister whose duties have been set out under
the constitution, in Section 174.
Why then did we have the shameful
experience of AGFs failing to prosecute high-profile cases of corruption
involving politicians and other members of the nation’s anarchic elite? Is it
that we have appointed the wrong persons into that high constitutional office?
It must be conceded that this charge, as weighty as it is, relates more to the
riotous Obasanjo era wherein court cases were indecently manipulatedand court
orders routinely flouted, especially if those involved were connected to the
ruling party. Since Yar’Adua’s inauguration in 2007, there have been
appreciable but slow efforts to return the nation to the path of legality. The
Jonathan administration has happily kept faith with that positive philosophy,
so far. Nigeria is condemned to anarchy if high-profile criminals expectedly
get only slaps on their wrists in lieu of just and appropriate punishments,
while petty offenders are given the cruelest and disproportionate punishments.
1.2 PROBLEM OF THE STUDY
It is argued that the following
conditions are favorable for corruption:
Information deficits
Lacking freedom of information legislation. For example: The Indian
Right to Information Act 2005 is perceived to have "already engendered
mass movements in the country that is bringing the lethargic, often corrupt
bureaucracy to its knees and changing power equations completely."[19]
Lack of investigative reporting in the local media.
Contempt for or negligence of exercising freedom of speech and freedom
of the press.
Weak accounting practices, including lack of timely financial
management.
Lack of measurement of corruption. For
example, using regular surveys of households and businesses in order to
quantify the degree of perception of corruption in different parts of a nation
or in different government institutions may increase awareness of corruption
and create pressure to combat it. This will also enable an evaluation of the
officials who are fighting corruption and the methods used. Lack of
benchmarking, that is continual detailed evaluation of procedures and
comparison to others who do similar things, in the same government or others,
in particular comparison to those who do the best work. The Peruvian
organization Ciudadanos al Dia has started to measure and compare transparency,
costs, and efficiency in different government departments in Peru. It annually
awards the best practices which has received widespread media attention. This
has created competition among government agencies in order to improve.[21]
Opportunities and incentives
Individual officials routinely handle cash, instead of handling payments
by giro or on a separate cash desk – illegitimate withdrawals from supervised
bank accounts are much more difficult to conceal. Long-time work in the same
position may create relationships inside and outside the government which
encourage and help conceal corruption and favoritism. Rotating government
officials to different positions and geographic areas may help prevent this;
for instance certain high rank officials in French government services (e.g.
treasurer-paymasters general) must rotate every few years.
Costly political campaigns, with expenses exceeding normal sources of
political funding, especially when funded with taxpayer money.
A single group or family controlling most of the key government offices.
Lack of laws forbidding and limiting number of members of the same family to be
in office .
Less interaction with officials reduces the opportunities for
corruption. For example, using the Internet for sending in required
information, like applications and tax forms, and then processing this with
automated computer systems. This may also speed up the processing and reduce
unintentional human errors. See e-Government.
A windfall from exporting abundant natural resources may encourage corruption.[22]
(See Resource curse)
War and other forms of conflict correlate with a breakdown of public
security.
Social conditions
Self-interested closed cliques and "old boy networks".
Family-, and clan-centered social structure, with a tradition of
nepotism/favouritism being acceptable.
A gift economy, such as the Soviet blat system, emerges in a Communist
centrally planned economy.
Lacking literacy and education among the population.
Frequent discrimination and bullying among the population.
Tribal solidarity, giving benefits to certain ethnic groups. In India
for example, the political system, it has become common that the leadership of
national and regional parties are passed from generation to generation[23][24]
creating a system in which a family holds the center of power. Some
examples are most of the Dravidian parties of south India and also the Congress
party, which is one of the two major political parties in India.
Lack of strong laws which forbid members of the same family to contest
elections and be in office as in India where local elections are often
contested between members of the same powerful family by standing in opposite
parties so that whoever is elected that particular family is at tremendous
benefit. Extensive and diverse public spending is, in itself, inherently at
risk of cronyism, kickbacks, and embezzlement. Complicated regulations and
arbitrary, unsupervised official conduct exacerbate the problem. This is one
argument for privatization and deregulation. Opponents of privatization see the
argument as ideological. The argument that corruption necessarily follows from
the opportunity is weakened by the existence of countries with low to
non-existent corruption but large public sectors, like the Nordic
countries.[25] However, these countries score high on the Ease of Doing
Business Index, due to good and often simple regulations, and have rule of law
firmly established. Therefore, due to their lack of corruption in the first
place, they can run large public sectors without inducing political corruption.
Recent evidence that takes both the size of expenditures and regulatory
complexity into account has found that high-income democracies with more
expansive state sectors do indeed have higher levels of corruption.[3]
Like other governmental economic
activities, also privatization, such as in the sale of government-owned
property, is particularly at the risk of cronyism. Privatizations in Russia,
Latin America, and East Germany were accompanied by large scale corruption
during the sale of the state owned companies. Those with political connections
unfairly gained large wealth, which has discredited privatization in these
regions. While media have reported widely the grand corruption that accompanied
the sales, studies have argued that in addition to increased operating
efficiency, daily petty corruption is, or would be, larger without
privatization, and that corruption is more prevalent in non-privatized sectors.
Furthermore, there is evidence to suggest that extralegal and unofficial
activities are more prevalent in countries that privatized less.[26]
There is the counterpoint, however, that
industries with an oligarchy of companies can be quite corrupt, with collusive
price-fixing, pressuring dependent businesses, etc., and only by having a
portion of the market owned by someone other than that oligarchy, i.e. public
sector, can keep them in line. If the public sector company is making money and
selling their product for half of the price of the private sector companies,
the private sector companies won't be able to simultaneously gouge to that
degree and keep their customers: the competition keeps them in line. Private
sector corruption can increase the poverty and helplessness of the population,
so it can affect government corruption, in the long-term.[citation needed]
In the European Union, the principle of
subsidiarity is applied: a government service should be provided by the lowest,
most local authority that can competently provide it. An effect is that
distribution of funds into multiple instances discourages embezzlement, because
even small sums missing will be noticed. In contrast, in a centralized
authority, even minute proportions of public funds can be large sums of money.
Governmental corruption
If the highest echelons of the
governments also take advantage from corruption or embezzlement from the
state's treasury, it is sometimes referred with the neologism kleptocracy.
Members of the government can take advantage of the natural resources (e.g., diamonds
and oil in a few prominent cases) or state-owned productive industries. A
number of corrupt governments have enriched themselves via foreign aid, which
is often spent on showy buildings and armaments.
A corrupt dictatorship typically results
in many years of general hardship and suffering for the vast majority of
citizens as civil society and the rule of law disintegrate. In addition,
corrupt dictators routinely ignore economic and social problems in their quest
to amass ever more wealth and power.
The classic case of a corrupt,
exploitive dictator often given is the regime of Marshal Mobutu Sese Seko, who
ruled the Democratic Republic of the Congo (which he renamed Zaire) from 1965
to 1997. It is said that usage of the term kleptocracy gained popularity
largely in response to a need to accurately describe Mobutu's regime. Another
classic case is Nigeria, especially under the rule of General Sani Abacha who
was de facto president of Nigeria from 1993 until his death in 1998. He is
reputed to have stolen some US$3–4 billion. He and his relatives are often
mentioned in Nigerian 419 letter scams claiming to offer vast fortunes for
"help" in laundering his stolen "fortunes", which in
reality turn out not to exist.[27] More than $400 billion was stolen from the
treasury by Nigeria's leaders between 1960 and 1999.[28]
1.3 OBJECTIVE OF THE STUDY
1. This study focuses on the
anticorruption crusade championed by the Nigeria government in curbing corruption in Nigeria.
2. To rid Nigeria of corruption through
lawful enforcement and preventive measures.
3. To know the relationship between
corruption and rule of law.
4. To assess the effect of corruption on the application of the
principle of rule of law in civil
service and political issues in Nigeria.
5. To address the various forms of
corruption (involving the public sector, the private sector, the financing of
political activities, etc.) whether they had a strictly domestic or also a
transnational dimension.
6. To monitor the implementation at
national level of the requirements and principles provided in those texts, a
monitoring mechanism – the Group of States Against Corruption (also known as
GRECO) (French: Groupe d'Etats contre la corruption) was created.
7. Networking with the other
Anti-corruption agencies nationally, internationally and also individuals to
combat corruption and other forms of injustices.
8. To educate and enlighten the public
on the dangers of corruption to the society.
9. To embark on Anti-corruption
enlightenment programs.
10. To foster and nurture
anti-corruption clubs in higher institutions of learning.
11. To combat abuse of civil rights and
liberty of individuals and organizations.
12. Promotion of good Governance in
Nigeria.
13. To build a coalition of individuals
and civil society organizations committed to fighting corruption in all
ramifications.
14. To advocate and support law reforms,
bills and motions for promoting transparency and accountability in governance.
9. To promote service delivery in public
service through the elimination of corruption.
10. Straightening, human, financial and
material resource capacity in anti-corruption institutions, building capacity
and motivating public service workers.
11. To attend and organize international
workshops and seminars targeted at the promotion and protection of human rights
and the rule of law.
12. To conduct periodic studies on ways,
means and strategies that is in conflict with the law and seeks for
constructive modalities for redressing such violations.
To build a Nigeria Society with zero
tolerance for corruption, re-establish moral philosophy, transparency,
accountability, integrity and respect for human dignity in other to attain good
governance and social justice.
1.4 RESEARCH QUESTION
1. Is this study focuses on the
anticorruption crusade championed by the Nigeria government in curbing corruption in Nigeria?
2. How can this study help rid Nigeria
of corruption through lawful enforcement and preventive measures?
3. Is there any relationship between corruption and rule of
law?
4. Can one assess the effect of corruption on the application of the
principle of rule of law in civil
service and political issues in Nigeria?
1.5 RESEARCH HYPOTHESIS
H0: This study does not focus on the anticorruption crusade
championed by the Nigeria government in
curbing corruption in Nigeria.
H1: This study focus on the
anticorruption crusade championed by the Nigeria government in curbing corruption in Nigeria.
H0: This study cannot help rid Nigeria
of corruption through lawful enforcement and preventive measures.
H1: This study can help rid Nigeria of
corruption through lawful enforcement and preventive measures.
H0: There is no significant relationship between corruption and rule of
law.
H1: There is a significant relationship between corruption and rule of
law.
H0: One cannot assess the effect of corruption on the application of the
principle of rule of law in civil
service and political issues in Nigeria.
H1: One can assess the effect of corruption on the application of the
principle of rule of law in civil service
and political issues in Nigeria.
1.6 SIGNIFICANCE OF THE STUDY.
1. A
study of this nature will primarily create awareness to the school management
on the effect of corruption and mismanagement on public expenditure in Nigeria.
2. To
provide basic information on the effect of corruption and mismanagement and the
role of EFCC in combating it.
3. To
prevent and give guidelines to the corrective measures to be carried out.
4. To
arouse the workers and staffs towards efficient devotion of themselves to their
mission.
5. The
study will also create awareness to the government on the evils of corruption
and mismanagement and to look for necessary ways of combating the crime
effectively.
6. It
also helps to assist management to improve and adopt strategies to reduce
corruption and mismanagements in various institutions.
7. The
result of corruption and mismanagement is dangerous, deadly and cannot be
over-emphasized.
8. A
study of this nature aim at erasing this “cancer” (Corruption and
mismanagement) that runs in our veins, and call us order for the betterment of
the mankind and for the upliftment of the -country in general.
9. Teenagers
and generations unborn will be very free from this contagious disease
(B&C), if the government and the entire populace will mount an implementable
strategies of effectively combating the crime.
10.
The workers would also find this work
very beneficial, as they consult it whenever they need such related
information.
1.7 SCOPE OF THE STUDY
This study is centered on corruption and rule of law : an assessment of
anti-corruption in Nigeria using ICPC as a case study.
.1.8 LIMITATION OF STUDY
Despite the limited
scope of this study certain constraints were encountered during the research of
this project. Some of the constraints
experienced by the researcher were given below:
i. TIME: This was a
major constraint on the researcher during the period of the work. Considering
the limited time given for this study, there was not much time to give this
research the needed attention.
ii. FINANCE: Owing to the
financial difficulty prevalent in the country and it’s resultant prices of
commodities, transportation fares, research materials etc. The researcher did
not find it easy meeting all his financial obligations.
iii. INFORMATION CONSTRAINTS:
Nigerian researchers have never had it easy when it comes to obtaining
necessary information relevant to their area of study from private business
organization and even government agencies. The staff of EFCC find it difficult to reveal their internal
operations. The primary information was collected through face-to-face
interview getting the published materials on this topic meant going from one
library to other which was not easy.
Although
these problems placed limitations on the study,
but it did not prevent the researcher from carrying out a detailed and
comprehensive research work on the subject matter.
1.9 DEFINITION OF TERMS
Corruption is a social
problem that has interested many scholars. Ruzindana (1999) asserts that
corruption in Africa is a problem of routine deviation from established
standards and norms by public officials and parties with whom they interact. He
also identifisd the types of corruption in Africa as bribery, private
gain, and other benefits to non-existent
workers and pensioners (called ghost workers).
Crime; Is simply
defined as offence for which there is severe punishment by law.
B & C; Corruption and mismanagement
WAIC War Against Indiscipline &
Corr
Rule of Law: The
saying, “Every person is subject to the law, irrespective of rank or status in
society, and one law exists for the same classes and types of people under the
same circumstances”, does not fit the function of the law in states such as
ours. The concept of the rule of law has to be rigorously examined for there
are all kinds of law; there are just and unjust laws; bad and good laws. We
cannot reach a conclusion that a law is just or unjust, good or bad without
entering the realms of politics and philosophy. This then compels an analysis
of the social forces and processes that produce or make laws.
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