Strengthening of anti corruption commissions and laws in Nigeria (original) (raw)
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ENFORCEMENT OF ANTI CORRUPTION LEGISLATION IN NIGERIA AN APPRAISAL
Management and Industrial Law Journal, 2017
The paper examines the meaning of corruption, its causes and dimensions within the Nigerian context. It also explores the legal framework targeted at combating the menace. It argues that though Nigeria has a wide array of laws in this area, corruption still flourishes in the country because the due implementation of the laws is being impeded by institutional and financial constraints as well as political and ethnic factors. Suggestions are preferred on how to successfully confront the menace and enhance the socio-economic development of the nation.
Confronting the edifice of corruption under section 308 of the 1999 constitution of Nigeria
International Journal of Law, 2019
Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), shields the President, the Vice-President, the Governor and the Deputy Governor from civil and criminal proceedings, arrest, imprisonment, and court processes. This constitutional provision is termed “immunity clause.” This paper argues that while immunity clause carries with it the legal effect of protecting these officials from litigations that could interfere with their public functions, it has been abused by most, if not all, beneficiaries who brazenly looted public coffers and, unashamedly shielded themselves under the constitutional cover of section 308. It further contends that executive corruption under the guise of immunity clause has not only impeded our nascent democracy but threatened national development. The paper recommends inter alia the amendment of section 308 of the Constitution of Nigeria.
Nigeria is amongst the most corrupt countries recognised worldwide despite the fact that, the government of Nigeria implements various legal instruments with mandates for enforcement to fight against corruption. Yet, it proves the failure of its legislation and that is why it has been said that, there is no need of having multiple instruments in fighting against corruption. Succession in fighting against corruption depends on great level of enforcement and government's ability to work on it. This article selects legislations and institution agencies in order to establish the extent of the provisions as stipulated to see whether are adequate and sufficient to fight corruption in Nigeria.. In additional to that, this article intends to furnish an overview of Nigeria's legal framework and structural situation in order to anticipates to set out the leading legislations in Nigeria which are utilized as key instruments to fight against corruption in order to provide government' positions and to specify the extent of these provisions whether are adequate and sufficient to fight corruption or not in Nigeria.
The paper delineates and addresses the impact of section 171 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) as amended on the security of office of the heads of anti-corruption agencies (ACAs) and the fight against corruption in Nigeria. One of the key pillars for securing the independence of ACA is securing the tenure of office of the ACAs through appointment and removal procedures. Such protection enables the head to effectively discharge his function without fear or undue influence. To guarantee this, the anti-corruption law usually provides for the procedures for appointment and removal of head of ACA. Where the appointing authority of the head of ACA is the President, a confirmation of the appointment by the Senate is required. The appointment of Mr. Ibrahim Magu under section 171 CFRN after two rejections of confirmation of his appointment by the Senate of the Federal Republic of Nigeria upon recommendations by the President calls for assessment of section 171CFRN in order to delineate and address the impacts of this section on the security of office of the heads of ACAs in in particular and the ACAs in general in Nigeria. Therefore, this paper using content analysis and case study approaches examines the provisions of section 171 of the Constitution, the impact of the section on appointment of heads of ACAs. The paper finds that section 171 is an erosion of the security of office of the ACA and independence of the ACA in Nigeria. In offering the ways forward, the paper recommends among others things, the amendment of section 171 to include the head of ACA among appointments that require the confirmation of the Senate and a clear provision stating that appointment in an acting capacity made by the President should be for a maximum of one year and not renewable. Also, the removal of head of ACA at all times should be subjected to the confirmation of the Senate.
ab_r7_dispatchno187_corruption_in_nigeria.pdf
In Nigeria, perceived corruption remains high despite praise for president’s anti-graft fight Afrobarometer Dispatch No. 187 | Oluwole Ojewale and Josephine Appiah-Nyamekye Summary Since Muhammadu Buhari became president in May 2015, Nigerians have witnessed a series of investigations into alleged corruption by past and present government officials, including high-profile cases involving the former minister of petroleum and a former national security adviser (Al Jazeera, 2017; Vanguard, 2016; Oyibode, 2017). Buhari’s anti-corruption campaign has not spared members of his own government: The secretary to the Government of the Federation and the director of the Nigeria Intelligence Agency were sacked and are being investigated on corruption charges (Kazeem, 2017; Gramer, 2017). This seems a departure from the norm of anti-corruption campaigns that target only members of the opposition or former governments. Several steps have been taken to embed anti-corruption safeguards into government frameworks and institutions. In 2016, the Nigerian government announced a whistleblower policy (Proshare, 2017) aimed at exposing corruption and fighting financial crimes. Nigeria also joined the Open Government Partnership (OGP) (Nigeria Bulletin, 2017) – a symbolic and significant step toward increased transparency and accountability. Continued involvement in OGP offers the government a mechanism for comparing its practices to international standards, a benchmark that can be an effective tool in holding the government accountable (Igbuzor, 2017). Despite these efforts, which have earned Buhari recognition from the African Union as an anti-corruption champion, the nation still ranked 136th (out of 176 countries) on Transparency International’s Corruption Perceptions Index (Transparency International, 2017) and continues to grapple with corruption scandals amid calls for fiscal transparency and accountability in governance. Afrobarometer’s latest survey in Nigeria indicates that public perceptions of the government’s fight against corruption have improved dramatically. Perceived corruption in the public sector, however, remains high, with the police perceived as the most corrupt and least trusted by citizens. Although most Nigerians think they can make a difference in the fight against graft, many still fear retaliation should they report an incident of corruption.
An appraisal of the legal and institutional framework for combating corruption in Nigeria
Journal of Financial Crime, 2006
PurposeTo examine the adequacy or otherwise of the existing legal and institutional mechanisms for combating corruption in Nigeria and suggest useful strategies for achieving this.Design/methodology/approachThe pre‐existing statutory enactments, the Criminal and Penal Codes governing corruption in Nigeria were examined to assess their effectiveness in dealing with the crime of corruption. In addition, the two main enactments under the present civilian administration dealing with corruption, namely, the Corrupt Practices and other Related Offences Act, 2000 and the Economic and Financial Crimes Commission Act, 2004 were also X‐rayed.FindingsIt was found that the earlier statutory enactments have proved ineffective in combating corruption in contemporary Nigeria, hence the enactment of the Corrupt Practices and other Related Offences Act, 2000 and the Economic and Financial Crimes Commission Act, 2004, with the objective of dealing with various aspects of corruption.Practical implicat...