An Examination Of Corruption Under The Nigeria Criminal Law

Project and Seminar Material for Law

An Examination Of Corruption Under The Nigeria Criminal Law


Abstract


This research work examines corruption, its legal effect, its meanings and peculiar manifestation in the Nigeria society. Abortive efforts made in the past to curtail the problem, and present experiments to eradicate the scourges from our polity are also examined. The term, “corruption” implies an undue advantage, abuse of office, undeserved favour obtained through manipulation of rule or status, any untoward conduct, occasioned by graft or promise of same. In other words, whenever and wherever a party performs a service or obligation in exchange for some gratification or refuses to perform his duty as a result of conferment of some benefits or promise of same, he is said to be corrupt.

This dissertation is broken into five chapters. Chapter one deals with general introduction, chapter two deals with concept of corruption, chapter three deals with corruption and criminal law in Nigeria, chapter four deals with curbing corruption in Nigeria, chapter five deals with conclusion and recommendations.

Finally, in the concluding part, suggestions are made, as to how Nigeria youths, educational institution of learning, the judiciary, legislative Assembly and religious Institutions can be active agents in the effort to return sanity to our society, enthroning the virtues, of honesty, transparency and accountability in their dealings.


Chapter Five


Conclusion and Recommendations

5.0.0: Conclusion

In this project, there has been a review of different definitions of corruption, highlighting the main ingredients therein. The history of Corruption has also been traced from pre-colonial era and also down to the present period. There was also an examination of corruption under the Nigeria Criminal Law, the Penal Code and the Criminal Code, the various statues on corruption, the Constitutional framework to tackle corruption and effect of corruption was also discussed. Also, effort of the executive, legislative and Judiciary in Curbing Corruption was examined. While looking at the History of Corruption, it was submitted that corruption is a serious impediment to sustainable development, especially in developing countries and that it is not only prevalent in Nigeria, but has proliferated over the past few years140.

Many Law are already created to fight corruption in Nigeria (including those crafted by the International Organizations) but what is important now as Peter Eigen, Chairman of the Watchdog group, Transparency International has noted is “the political will to fight corruption at home…” above all, Nigeria cannot be seen as secure and free until the people’s human rights are respected and protected by the government. It is so sad to note that no matter how beautifully conceived policies are in Nigeria, its execution is always poorly done. Corruption has become such a monster in Nigeria that fighting it is an exception to the rule. No doubt, corruption thrives where it is tolerated and where the possibility of detection and consequent punishment is slim. This underscores Nigeria special problems with Wide-World phenomenon141. It is perhaps very clear from the discussion so far, that we shall never have a better World until there are better persons in it. Consequently, in spite of voluble rheterosic, it is difficult to disassociate corruption from governance and economic policy of the present government, the war against corruption in a deregulated economy like ours can only be won if there is a political will to combat it head long. The ethical responsibility of all to be transparent and accountable cannot b over emphasized142. The earlier the citizens accept the fact that we are all entrusted with the responsibility of ensuring the survival of the state, either as leaders or and as subjects, each playing his/her roles and enjoying the benefits and priviledges as well, the better for Nigeria as a country and its democratic drive143.


5.1.0 Recommendations

Every country has to determine its own priorities on the War Against Corruption, but each society should focus on concrete actions that can yield measurable results. Above all, Nigeria cannot be seen as secure and free until the people’s human rights are respected and protected by the government. As Mikhail Gorbachev points out

“the World cannot be considered secure if human rights are being violated” to tame corruption Nigeria has to use words as well as actions – a multifaceted approach.

It is recommended that in addition to other measure being taken to reduce corruption, the leadership must demonstrate the willingness to tack and punish corrupt officials and citizens as well as create a conducive economic climate that would raise the standard of living of the citizenry144. Finally, programs such as unemployment insurance should be instituted among the working class to reduce the worry about basic survival in the face of growing insecurity about the job situation145. In all, good governance, transparency, accountability and the rule of law are the keys to tackling corruption in the society, as corrupt leaders cannot wage an effective War Against Corruption.


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