An Appraisal Of Legal And Institutional Framework For Combating Corruption In Nigeria
An Appraisal Of Legal And Institutional Framework For Combating Corruption In Nigeria
Abstract
This study gives an appraisal of the legal and institutional framework for combating corruption in Nigeria. The objectives of the study are to examine the legal regime for combating corrupt practices in the public service of the Federation. Highlight the merits, demerits, challenges and to proffer some recommendations. The main problem with the legal regime to combat corruption in the public service is lack of focus on the issues that cause corruption therefore result in failure to apply the appropriate remedies to tackle corruption. Another key challenge affecting the fight against corruption in Nigeria is the location of anti-corruption functions within multiple and operationally diverse institutions, which despite their closely related and even overlapping mandates have limited interface and cooperation and seldom coordinate policies and operations. Other factors affecting the fight against corruption are lack of funding, and bureaucracy. Furthermore, the immunity clause under section 308 of the Constitution of the Federal Republic of Nigeria precluding prosecution against some members of the public, the system to check those in authority is ineffective to supervise and be a motivating factor for individuals to be honest in their work and the constitutional safeguard for presidential pardon in insufficient to restrict the abuse of the power by the president. Despite all efforts, Nigeria continues to fall short of the standards and requirements of an effective anti-corruption regime as embodied in regional and global anti-corruption conventions. It is observed that the legal regime to fight corruption have failed to curb corruption in the public sector. Unfortunately, the trend is that corruption is exacerbating with the passage of time.
Chapther One
General Introduction
1.1 Background of the Study
Nigeria despite its oil wealth has one of the largest population of poor people on the African continent.1 Corruption is however the major cause of poverty in Nigeria. Despite more than a decade of civilian democratic rule, Nigeria still faces huge governance and development challenges. Transparency International ranked Nigeria 136 with a score of 26 on its 2015 corruption perception index.2 Despite efforts made by the government for the past decade to provide a better legal and institutional framework to curb corrupt practices in the public service, there are still major issues with corruption.
Giving the way the practice of corruption has become generally accepted in Nigeria, the research may think it is because there are no laws and institutions to curb corruption. This is not the case. In fact there are several laws that proscribe corruption and institutions to curb corruption in the public sector.
The Penal and Criminal Codes both contain anti-corruption provisions. Accordingly, the law prohibit demanding and receiving of bribes by public officials. The law also penalise anyone who either gives or offers bribe to public officers. The law also prohibit the activities of agents, relatives and other close associates of public officers to demand or receive gratification either for them or any other person.
The Constitution of the Federal Republic of Nigeria, 1999 provides for the establishment of the Code of Conduct Bureau.3 The Bureau was designed to monitor compliance with anti-corruption regulations in the code of conduct for public officers. In addition to the Nigerian Constitution, there are other laws, regulations, and initiatives that have been enacted or implemented to fight corruption. The Corrupt Practices and Other Related Offences Act led to the establishing of the Independent Corrupt Practices Commission (ICPC). The Act prohibits corruption, corrupt practices and corrupt enrichments and aims at the enthronement of probity, accountability, transparency, honesty, integrity and credibility in public life. The Act also establishes an Independent Corrupt Practices and Other Related Offences Commission charged with the responsibility of investigating and prosecuting offender under the Act.
Also, Due Process was established to commence contract award review, oversight and certification process.4 It is a mechanism that certifies for public funding only those projects that have passed the test of proper-implementation packaging. Those projects most comply with the stringent requirements of international competitive bid approach in award process.
Furthermore, there is the transparency in privatisation and market liberalisation process. The aim of which is to comply with the Extractive Industries Transparency Initiatives (EITI) and it involves the implementation of transparency in the privatisation and liberalisation of key economic sectors. Also, there is the move for transparency in the oil and gas sector, pursuant to this mandate the government will allow for checks and balances by providing information about its actions, receipts and expenditures in the oil sector.
Nigeria has made host of reforms and put into place a host of measures designed to help fight corruption in the country. But there appears to be a long way before it realise the benefits of such reforms.
1.2 Statement of Problem
The persistent high level of corruption in Nigeria in the public service was due to lack of enforcement legal regime. The legal regime to combat corrupt practices in the public service of the federation has failed to prevent corrupt practices. The introduction of anti corruption functions within multiple legal and diverse institutions was meant to provide an effective and efficient legal regime to combat corruption in the public service. The issue for consideration now is whether the multiple legal and diverse institutions have sufficiently covered issues to tackle corruption in the public service.
In view of the forgoing this research has formulated the following research questions:
- Whether the legal regime to combat corruption in the public service provides effective tools that stems corruption.
- Whether there are limitations in the legal regime to combat corruption in the public service that need to be reviewed and improved upon in order to effectively combat corruption.
- Whether there has been an improvement in combating corruption in the public service with the introduction of anti corruption functions within multiple legal and diverse institutions.
1.3 Justification
This study is relevant in view of the fact that it will educate the public on the legal regime for combating corrupt practices in public service of the Federation. The dissertation will also look at the legal and institutional requirements to find out the missing link that has prevented the curbing of corrupt practices in the public service.
The effectiveness of the laws and the institutions and their limitations will also be considered.
1.4 Objectives of the Study
The objectives are:
- To examine the legal and institutional framework for combating corruption in Nigeria.
- To highlight the merits and demerits.
- To highlight challenges and to proffer some recommendations.
1.5 Scope
The proposed research will focus on legal and institutional framework for combating corruption in Nigeria. The research will focus on examining the multiple legal and diverse institutions to combat corruption in the public service in Nigeria. However, the limitations of the research are lack of funding and accessibility to the institutions for curbing corruption.
1.6 Methodology
This research is intended to be carried out by library based research by consulting all relevant materials which include Laws of the Federation of Nigeria, judicial decisions and other materials such as text books and journals.
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Summary
It is clear from the above that corruption in the public sector in Nigeria is not something new and it has become so entrenched in the public sector that it is hard to find someone that has not being involved one way or the other. It is most unfortunate that the effects of corruption are felt most by those who are less involved in the activity, and the effects increase at an alarming rate each day. It is unfortunate that perennial issue such as bureaucracy, lack of resources and proper training are still factors to prevent the fight against corruption.
Nigeria being a member of the international community tends to things in the first instance that appear that it is committed to playing its role in fighting corruption, at least on paper it is, but unfortunately the opposite tends to be the reality. No wonder Nigeria for the last decades tends to be always among the most corrupt nations in the world according to Transparency International.250 But those in charge especially those at the top of society tend to be the worst offenders, leading by example with impunity and no shame. What do they expect from the future generation? That is why it appears, if not a fore gone conclusion that the future seems bleak for the country with so much abundant resources; a country that recently surpass South Africa as the biggest economy in Africa.251 But it may be asked where has all that wealth gone to? The answer is that it has not much or any impact on the lives of most of the people of the country, but had rather stayed with those most opportune to have ostentatious lifestyles while the rest suffer extreme poverty and lack security. However, the challenges encountered during the research are lack of funding and accessibility to the institutions for curbing corruption.
However, the research concludes that with the introduction of multi legal and diverse institutions there are improvements in combating corruption. But unfortunately the impact of corruption is so devastating that make the improvements insignificant. Therefore, the tools to tackle corruption are ineffective and there are limitations in the legal regime to combat corruption in the public service.
Findings
Based on the above discussion, the researcher made the following findings:
- There is major disconnection between the legal regime for combating corrupt practices in the public service and the people it is suppose to serve.
- Section 308 of the Constitution of the Federal Republic of Nigeria, 1999 provides immunity to some members of the public service.
- Internal checks to prevent corrupt practices and motivate workers in the public service have failed. However, the solution to the above is to provide legal regime that take into account the religious and customs of the people of the country. It could be observed that in countries that have low rate of corruption, enact laws that suit them or style them in such a way that suits them.
Recommendations
Based on the above findings the researcher made the following recommendations:
- The government should deal with the issue of accessibility. What the researcher means by accessibility is for everyone to have access to those in power, especially those at behest of authority. Those in power cannot discern the needs of the people without accessibility, not to talk about addressing such issues.
- The immunity clause under section 308 of the Constitution of the Federal Republic of Nigeria, 1999 should be repealed because it precludes proceedings against some members of the public service.
- There should be better system to check those is authority, because it appears that virtually every person in employment in the public service behaves as he/she pleases to the detriment of society. Here the government could employ spies to check on workers in the public service. This form of supervision would be a motivating factor in motivating individuals to be honest in their work.
