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STRENGTHENING
OF ANTI CORRUPTION COMMISSIONS AND LAWS IN NIGERIA
1.0 INTRODUCTION
1.1 OVERVIEW OF PROBLEM AND METHODOLOGY
“The most
immediate source of the disconnect between Nigeria’s wealth and its poverty is
a failure of governance at the local, state, and federal level, and some of
that is due, as you know so well, to corruption, others of it to a lack of
capacity or mismanagement.”“We think its good business to eliminate corrupt
practices. It is better for competition, it’s better for the trade and
investment environment, it’s better for Nigeria’s reputation as a place to do
business without heavy transaction costs that corruption call on a company to
make. So we will do what we can to prosecute those who cross the line who have
any American connection, and we want to see reinstatement of a vigorous
corruption commission”.1
Some years
ago in Nigeria, I was watching the local news on television and there was the
President of Nigeria at that time in the midst of elementary school children
celebrating children’s day which is celebrated on May 27th of every year. The
President asked a few of the elementary school children what they wanted their
career paths to be when they grow up and to my chagrin, one child said “I want
to be the President of Nigeria” another child said “I want to be appointed a
minister of government” another said “I want to be a politician so I can make
plenty and plenty of money”. I sat there asking myself what has happened to
occupations like being a doctor, lawyer, teacher, nurse, engineer e.t.c. Even
the young already have this mindset that one has to be a public office holder
to be successful or to be rich
Corruption
is so widespread that each country has developed its own terminology to
describe these practices; egunje in Nigeria, mordida in Mexico2, arreglo in
Philippines3, baksheesh in Egypt4, dash in Kenya5, pot-de-vin in France6
steekpenning in The Netherlands7, tangente in Italy8. All these phrases or
slangs as it were, are used to refer to bribe such as money or a favor, offered
or given to a person in a position of trust to influence that person's views or
conduct. Corruption is not a novel concern in the world today. Volumes of
literature have already been written about this intriguing topic globally and
tons of conferences have been and are still been organized to address this
menace. It is an everyday occurrence in countries throughout the world, whether
developed or under developed.
Corruption
has become a global phenomenon and no country is completely corrupt free.
However, corruption is apparent in some countries than others because those
countries with less corruption have learnt to manage corruption than others by
putting the necessary checks and balances in place and curbing the
opportunities of corruption while others have either not figured corruption out
or lack the political will to do same. The use of public power and resources in
a manner that advances individual, factional, ethnic, religious or other
limited interests at the expense of more broad based social, national or global
needs is corruption because power and public resources are appropriated towards
private purposes and gains. Theft, bribery, extortion, patronage, nepotism, and
other practices grouped together as corruption.
In Nigeria,
corruption has become a part and parcel of the society, which (corruption)
appears to be out of control.9 The present chairman of the Economic and
Financial Crimes Commission, Mrs. Farida Waziri, recently voiced out her
concerns at the level of corruption in Nigeria by stating that the “endemic
corruption cases in the country has overwhelmed the commission‘s workforce”.
She said with a population of one hundred and forty million, the commission‘s
one thousand five hundred operatives finds the task of prosecuting corruption
cases daunting.10 From my experience, research and interviews, I can attest to
the fact that corruption in Nigeria is indeed out of control and one of the
greatest challenges of our generation, which will not be very easy to tackle.11
Public
corruption has long been a fact of life in Nigeria as shall be discussed in
later chapters, elections are often fraught with fraud, intimidation, and
violence, politicians embezzle money from infrastructural services and
programmes. Corruption can be found in almost every facet of the society but it
is most imbedded in the public sector of the country which will be my area of
focus. Throughout the existence of Nigeria as a sovereign nation, it has
experienced corruption which has been traced to traditional and colonial power
structures. The military overthrew the government of the first republic in 1965
claiming that it wanted to rid the country of corruption but the military
regimes also proved to be corrupt. The story still remains the same today; endemic,
entrenched, systemic corruption is the order of the day in the Federal Republic
of Nigeria. In depth discussion is contained in chapter one of this
dissertation.
Countries
suffering from corruption cannot make the best use of their human and natural
resources and are likely to remain vulnerable to and dependent upon outside
interests and markets.12 Evidently, corruption is a cost to Nigeria in many
ways like the subversion of development plans, the diversion of human and
natural resources that may have been invested in a productive way, as well as
upsetting the normal operation of markets. Nigeria has an impressive array of
structures, institutions and laws aimed at combating corruption, The Code of
Conduct Bureau (CCB), Economic and Financial Crime Commission (EFCC) and the
Independent Corrupt Practices and other Related Offences Commission (ICPC) are
anti corruption commissions in Nigeria. However, these institutions fall short
of the standards and requirements of an effective anti-corruption regime as
demanded by the anti-corruption conventions,13 such as the lack of independence
and non partisanship of the officers, lack of access to information,
enforcement capabilities, funding and a proactive community. These lapses I
shall discuss further in later chapters of my research.
My
dissertation focuses on the public and government sphere, my focus on public
sector corruption is justified by the statistical evidence which demonstrates a
correlation between the extent of the government involvement in the economy and
corruption. Having said that, it is important to note that public authority is
not the only reason for corruption in Nigeria. I shall be examining the anti
corruption commissions and relevant anticorruption laws we have in Nigeria.
I shall also
examine other aspects of the society that contribute to widespread corruption.
My dissertation will be a combination of detailed explication and analysis of
jurisdictions such as Hong Kong, Indonesia, South Africa India and the United
States.
The number
of indices focused on corruption measurement has grown over the years of which
Nigeria constantly ranges amongst the most corrupt countries in the world. They
range from some of the most established and widely used indicators like
Transparency International’s (TI) Corruption Perceptions Index (CPI)14 and the
World Bank’s Worldwide Governance Indicators (WGI)15, to a newer generation of
measurement and assessment tools like the Mo Ibrahim’s Index of African
Governance16 and the Global Integrity Report.17 An immediate problem for any
comparative empirical work is that governance quality and particularly
corruption cannot be directly measured and so alternative indicators have to be
constructed using subjective judgments. These indicators have been accused of
been biased and subjective as pointed out by individuals I have spoken to.
However, just as it is difficult to define corruption across different cultures
and political environments, it is also not easy to measure its extent.
Instead, the
most common measures work indirectly, based not on registering specific corrupt
acts but people’s perceptions of the extent of corruption.
As already
stated, one of the most widely cited examples is the ‘Corruption Perception
Index’ (CPI) produced by Transparency International (TI) an international
organization and Nigeria has consistently ranked low in the Corruption
Perceptions Index ranking. The annual Corruption Perceptions Index (CPI) first
released in 1995, is the best known of Transparency International’s tools for
measuring the level of corruption in countries. It ranks one hundred and eighty
countries by their perceived levels of corruption as determined by expert
assessments and opinion surveys.18 TI gathers data from sources that span the
last two years and the CPI is calculated using data from thirteen sources
originated from eleven independent institutions. All sources measure the
overall extent of corruption (frequency and/or size of bribes) in the public
and political sectors and all sources provide a ranking of countries which
include an assessment of multiple countries.19
Evaluation
of the extent of corruption in countries is done by country experts,
nonresident and residents consisting of the following sources; Asian
Development Bank, African Development Bank, Bertelsmann Transformation Index,
Country Policy and Institutional Assessment, Economist Intelligence Unit,
Freedom House, Global Insight and Merchant International Group. Additional
sources are resident business leaders evaluating their own country consisting
of the following sources.20 Institute for Management Development (IMD),
Political and Economic Risk Consultancy and The World Economic Forum.
To determine
the mean value for a country, standardization is carried out via a matching
percentiles technique and this uses the ranks of countries reported by each
individual source.
This method
is useful for combining sources that have a different distribution. While there
is some information loss in this technique, it allows all reported scores to
remain within the bounds of the CPI, that is to say, to remain between zero and
ten. A beta-transformation is then performed on scores. This increases the
standard deviation among all countries included in the CPI and avoids the
process by which the matching percentiles technique results in a smaller
standard deviation from year to year. All of the standardized values for a
country are then averaged, to determine a country's score. The CPI score and
rank are accompanied by the number of sources, high-low range, standard
deviation and confidence range for each country.21
For the
purpose of my dissertation, I shall be using the Transparency International’s
Corruption Perceptions Index. The mainstream of this line of thought is due to
the fact that this metric of measuring corruption is a perception based
indicator, they rely on the subjective opinions as well as perceptions of
levels of corruption in a given country among experts and citizens. The use of
this indicator has been largely embraced by Nigerians in watching the
corruption scale in Nigeria. In addition, based on my first hand experience of
systematic corruption in Nigeria, it is my believe that the ranking of Nigeria
by Transparency International and other corruption indexes is not far from what
is actually obtainable in Nigeria....
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