A PAPER PRESENTATION AT THE
2nd LEADERSHIP SUMMIT/INDUCTION/AWARD PRESENTATION CEREMONY OF THE
INSTITUTE OF ARTS, MANAGEMENT & PROFESSIONAL STUDIES, HELD AT UNIVERSITY OF
UYO, AKWA-IBOM STATE, NIGERIA ON SATURDAY, THE 3RD DAY OF NOVEMBER,
2018.
Presenter: Prof. A. Amuda – Kannike (SAN) FCIAP
Provost, College Of Law, Kwara State
University, Malete Via Ilorin, Kwara.
Tel & Email:
08033256756, amudakannikeabiodun@gmail.com
INTRODUCTION
Corruption
has been a serious issue in Africa generally and most especially I Nigeria
because its demonic nature usually and has and it still causing
underdevelopment, poverty, starvation, infrastructural decadence and
insecurity/insurrections both in most part of Africa and most especially in
Nigeria.
Corruption is said to be the
“noun” of the word “corrupt” which connote an “adjective”.[1]The
word “corruption is derived from the Latin” word “corruptus”. “Cor” means
“heart”, while “ruptus” means “break”. The literal interpretation of the word
“corruptus”, therefore, means “break one’s heart”. Therefore, corruption can be
safely defined on the basis of derivative connoting a misplacement of virtues,
ethos and values which have been institutionalised in the heart.
Furthermore, in the[2]Blacks
law Dictionary corruption is defined as;
“An act done to give some
advantage, inconsistent with the official duty and right of others. The act of
official or fiduciary, person who unlawfully and wrongfully use his position or
character to procure some benefit for himself or for another contrary to the
duty and the rights of other”.
The
Learned Scholar and Senior Advocate of the Federal Republic of Nigeria, [3]Yusuf
O. Ali, SAN, stated that;
“Although corruption is a relative concept, being a function of
specific normative, social, historical, cultural, economic and political
circumstances as well as legal instructions, it is generally understood to
entail deliberate malpractices that violate due process and are aimed at
personal gain or advantage and selfish-enrichment in violation of the law and
at the expense of the common good. The term corruption covers a broad range of
wrong doings or corrupt practices that are basically unethical and morally
reprehensible, ranging from giving and
raking of bribe, to the use of public office for the advancement of purely
private interests, and from the misapplication or misappropriation of public
funds to outright fraud and embezzlement”
We submit that the
above definitions are all encompassing and apt to the point, and we do agree
with it as same is self explanatory.
In his own opinion this
writer[4]
had defined stated that corruption has been identified as the major reason for
the arrested development in the country, Corruption is said to be the abuse of
bestowed power or position to acquire a personal benefit. Corruption may
include many activities including bribery and embezzlement.
The
next term, we should look at is; good governance. The term good governance
connotes an indeterminate term used in the international development literature
to describe how the public institutions conduct public affairs and mange public
resources. Governance is the process of decision making and the process by
which decisions are implemented[5]
Furthermore,
good governance is equally seen as an approach to government that is committed
to creating a system founded in justice and place that protects individual’s
human rights and civil liberties[6]
Now,
looking at the issue of Africa, it is not in doubt that corruption paralyses
efforts for the promotion of justice and sustainable peace in Africa.
Corruption creates many types of injustice and underdevelopment which has
effect on daily activities of citizens and many sectors of the economy[7]
It
has been said that corruption continues to harm Africa as it hampers democracy,
development and the opportunity to keep the citizenry out of poverty circle.
There exists no doubtthat the Africa continent in terms of ranking remains at
the lowest level. This can be seen from, Nigeria to Ghana, Zimbabwe, Libya,
Togo, Benin, and so many African Countries[8]
THE EXAMPLE OF CORRUPTION IN NIGERIA AS A
CASE STUDY OF AFRICA CORRUPTION ISSUE
There exist no doubt
that the issue of corruption in Africa is a serious epidemic and that there
hardly exist any African country that can be exempted. However, these
presentation require us to look at the Nigeria perspective since the 3rd
Republic, we shall not hesitate to take the issues one after the other as they
help us to unravel the dare devil called corruption in Nigeria.
CORRUPTION DEALING WITH CORPORATE BODIES
The corporate
institutions in Nigeria cannot be excuse from the corruption activities in
Nigeria which good governance in terms of leadership ought to address[9].The
political class facilitate corruption on
a large scale through the corporate bodies who are used as ready tools. It can
be seen that some of the banks in Nigeria are part of the connivance which
eventually made the government to bring in the control machinery of
“consolidation” and “BVN” which are policies set in motion to control
corruption in Nigeria most especially, after finding put the unlawful transfer
of state treasury into foreign account through those banks.
To give credence to the
above submission, in the case of REF
REP OF NIGERIA VS SIR KINGSLEY IKPE[10],
a petition was submitted to the Economic and Financial Crimes Commission
popularly called “EFCC” by the D.G of Security and Exchange Commission (SEC).
The allegation was that in 2002, the 1st accused, a stockbroker and
Managing Director of the 2nd Accused Introduced the complainant/pertinence into
the business for the purpose of investing in stocks. The complaint requested
for proposal of the stocks which could be bought on the basis of profitability.
The
1st accused brought a proposal recommending that the stocks of three companies
namely Nigerian Breweries Plc, Guinness Nigerian Plc and Union Bank of Nigeria
Plc but the decision, the complainant took was to concentrate on acquisition on
the share of Nigerian Breweries Plc, with the intention that he will become the
highest shareholders within a period of two years in order to make in road into
becoming member of the board of the company.
Thereafter, between the
year 2002 and August of the year 2003, the complainant gave out the sum of N135 million to the Accused persons with
the believe that the total stocks he is to purchase should be about 3.7 million
units as presented by the Accused persons.
Complainant in August
of year 2003 sent his Managers to confirm the figure at the stock exchange but
were shocked to notice that the figure found was just 40,000 units. A
complainant was lodged with the capital market regulatory authority on the
issue. It was discovered that 1st accused actually bought 900,000 shares but
was selling them until it remained 40,000 shares. The court decided the Accused
persons were guilty.
A further insight into
the Corporate World Corruption Syndrome shows that when the leadership in place
in Nigeria, allow every professional without banking background to operate and
manage banks, there is the tendency to corrupt the banking sector which has
been corrupted. The recent example is that of Skye Bank just of recent.
Also,
the technological breakthrough has contributed to the high level of connivance
with the banks in money laundering whether with private persons or with
politicians. The international financial system comprises of many hundreds
of thousands of
computer screen linked by satellites in instantaneous communication with one
another; they are no longer far from each other anymore, they are even closer
to each other compared to stalls in a particular village market setting[11]There
is over $ 1 trillion US Dollars of foreign exchange moving on everyday which
requires only the buttons of the computer to be press. The fraud and unethical
practices in the banking sector affects the entire fabric of the Nigerian
economy.
CORRUPTION FROM THE POLITICAL DIMENSION
The
issue of corruption from the political dimension is disheartening. Most of the
political parties are unfortunately within this category because they breed and
encourage corruption in various ways as this can be seen during electioneering
campaigns. They engage in corrupt practices such as bribing voters and election
umpires[12].
The average Nigerianman
sees politics as an avenue to success and riches. He believes that unless you
are corrupt, it is very difficult for you to succeed in life. We have seen with
all due respect, how politicians have even penetrated those in the religious
circles such as Pastors and Imams by giving big amount of money to them for
support and in most instances, such money/monies are proceeds of corruption.
It is not in doubt
that it is the level of corruption that has led to military dictatorship in
Nigeria beginning from the first military coup of 1966 which has to do with
allegation of corruption against the politicians, and this issue of corruption
accounted for so many issue of military taking over of government in Nigeria
including so many African countries.
GOVERNMENT EMPLOYEES AND PRIVATE SECTOR
The government
employees in Nigeria with all due respect to them are also very corrupt. These
however can be accounted for as most government employees which cut across
civil servants and public servants who are paid miserable emolument
notwithstanding the harsh economic situation. This should not be an accused but
it is necessary that our leaders should discourage corruption by makingsure
good salaries, emoluments and other allowances are paid as at when due,
promptly and same should be adequate.
Furthermore, through
the connivance of the private sectors, corruption thrives and the government
employees collude together to so act. The Supreme Court in the case of; A.G ONDO VS A.G FEDERATION[13]Hon
Justice Ilwais former C.J.N as he then was at 306 paras B-C;
“These submissions in my view,
over looked the reality of the situation. Corrupt practices and abuse of power
spread across and eat into every segment of the society. These vices are not
limited only to certain sections of the society. It is a lame argument to say
that private individuals or persons do not corrupt officials or get them to
abuse their power. It is right that everyone involved in corrupt practices and
abuse of power should be made to face the law in our effort to eradicate this
cankerworm. This I believe is the intention of the framers of our
constitution.”
CORRUPTION AND LEADERSHIP CRISIS
The leadership style in
Nigeria also inflicted a state of affairs where there exist so much greed,
corruption and insensitivity to the problems of those that are being governed.
Most Nigerians are
subjected to bring deprived of their means and also opportunity of having a
decent living condition. It is not in doubt that leaders in Nigeria in general
have turned themselves to predators who prey on Nigerians sensitivity, our
common heritage, our resources and our future. The question would then be; “can
you fight corruption as a leader if you are on your own corrupt?” The answer to
that question is that; it is very difficult for a leader to fight corruption if
such leader is corrupt or if such leaders agent or privies are corrupt.
In
describing the issue of the unfortunate situation herein, Prof Itse Sagay (SAN)[14]
took his time to describe the pitiable atmosphere as follows;
“Even the roads, leading from the
exploited, abused and polluted oil producing areas are not motor able. So the
controllers of the wealth of the oil producing areas of the Niger-Delta are
completely indifferent to condition of the people and access roads to the oil –
producing colonies. Today, Benin city is cut – off from Lagos and West. This is
effect, means that all Niger-Delta and Eastern states have become inaccessible.
We have finally reached a stage
when the government of this country appropriates all our oil and other
resources, imposes punitive taxes on petroleum products, imposes VAT on
services of goods and yet produces no services whatsoever in return to the
people of this country. Today, Nigeria is in the worst state of decay,
disrepair and dilapidation in its… post independence history. Everything has
broken down; our political system, our social cohesion, our pride, dignity, and
self – respect, our legal, medical and educational system and our
infrastructural facilities have all broken down. The much touted economic
reforms exist on the paper without having any beneficial effect on the masses”.
The above submission
was made in 2006, but as at today, we can say in reality, there had been some
road constructions, road repairs and a little bit of economic reforms,
practically, the situation is still not better, the economy is down and abject
poverty continue on the increase in most part of Africa including Nigeria.
It
is not in doubt that corruption is encouraged through weak leadership in
Nigeria. [15]The
leadership in Nigeria with all due respect have continuously compromised
serving the people. The kind of leadership we have at all tiers of government
are the ones that see their position as a route to a mass wealth through
looting of government resources and various kick-backs.
The
leadership structure we have is not really fighting corruption as it ought to
be, what usually takes place is called “window dressing” in the fight against
corruption. There are various situations where you can query the fight against
corruption and they are as follows;
(i) The fight against corruption should not be
seen as fighting only political opponents. The fight should go round whether
you are part of the political party in power or not. There are instances where
it has been seen that prosecution were abandoned or no prosecution at all for
those who were political opponents before but now part of the ruling party.
(ii) There were situation where those officers
EFCC or security agencies were found in corruption activities but this were
swept under the carpet.
(iii) There exist so many instances where the EFCC
would not oppose bail for very important personality and oppose bail for even
minor offences on allegation of corruption.
(iv) Even our court are not spared. corruption
cases where bail ought to be granted are not so granted. Prosecution of
corruption cases should not turn to persecution because unless citizens believe
in the system of the fight against corruption, the war may not succeed or can
only succeed partially.
THE AREAS WHERE THE FIGHT AGAINST
CORRUPTION HAS BEEN OF IMMENSED BENEFIT
The essence of this
work is to examine the essence of the fight against corruption by our leaders
and not to criticize alone, having substantially examine the negative side of
the fight against corruption, it is better to look at the positive side of
corruption equally.
It is important to note
that if corruption is allow to thrive, the entire economy and society would
have collapsed. The leadership role in Africa and especially in Nigeria can be
said to have done well because prior to the 3rd Republic, the level of
corruption was at an alarming rate and in most instances, only the police were
responsible for handling corruption cases.
Also, the issue of
corruption has become popular even if there exist no genuine efforts to fight
same by our leaders. The jingles on television, and radio stations have re-awaken
knowledge that corruption is bad and the idea of “if you can’t beat them, you
should join them, is no longer a good slogan”. The same advertisement and
knowledge about how bad corruption can be seen on social media, newspaper and
even children in the schools are made to understand that corruption is very
bad.
Its unfortunate that
the fight against corruption led to the embarrassment of judicial officers in
Nigeria. No one is saying that corruption should not be fought by the
government against judicial officer but that there should be decency in
fighting the same because rubbishing the judiciary of our country, is
rubbishing our country also. However, we have seen that judges and lawyers in
Nigeria are now very careful in all their dealings. Therefore, we are almost at
a point of corruption free judiciary in Africa and most especially in Nigeria.
RECOMMENDATIONS
1. The government must avoid and resist the
temptation of perverting justice or influencing the outcome of court decisions
in favour of a serving or past government officer; this no doubt is a way of
showing sincerity and political will in the fight against corruption as well as
an indication of seriousness and commitment in anti graft war. This action of
the ruling government will serve as deterrent to other would be pilferers.
2. The fight against corruption will require
the updating of all relevant law[16],
the putting in place of all necessary structures and sanitization of the system
to enhance the fight against corruption, strengthen and empower law
enforcement, anti-corruption agencies to effectively carry out its function and
the national and state houses of assembly must live up to expectation as
provided by exposing corruption, inefficiency or waste in government as
provided in the constitution.[17]
The introduction of anti corruption subject and course in our school curriculum
will awaken the consciousness of our youths on the dangers of corruption and
its practice, hopefully, this will help reduce corruption in our society as the
school and the teaching of the subject is hoped to serve a conscience check
start ups. The promotion of an electoral process and system that promotes free
and fair election will aid the voting out of a government which promotes
corruption and replace such government with one which is committed to the
genuine fight against corruption. The media and press freedom must be promoted
for a robust participation of the press in the fight against corruption. The
anti corruption awareness campaign, education and reporting/disclosure in our
work places, schools, homes, families, political parties, etc, could be an
panacea in the fight against corruption. The principle of equality before the
law should be sustained to ensure that both the high and might are meant to
face the law in any corrupt charges.
3. The creation of equal opportunity for
Nigerian citizens in the provision of jobs, basic/essential social amenities
and infrastructure, wealth creation, job generation/creation good housing
policy aimed at the provision of housing for all both the rich, poor, high or
low in the society is one way of improving the human quality of life and
ameliorate the condition of Nigerian[18]
and personal satisfaction, conducive business environment should be promotes
against preferential treatment, favouritism and nepotism[19]
and all manner practice that further entrench corruption in our nation is more
motivating action in the fight against corruption.
4. Whistleblowers should be protected so
that those who have vital corruption practice or public treasury loot
information to disclosure are not deterred for security reason.
5. Leaders at all level should be exemplary
in their conduct, lifestyle, they must be an epitome of modest lifestyle. One
expects this living style to stem the growing appetite among some youths for
wanton wealth acquisition and affluence at all cost and means.
Institutionalisation of the payment of appropriate national remuneration for
workers in the private and public sectors in Nigeria[20]that
will adequately provide for a family given the current economic reality and
stand out as appropriate reward system, this is strongly advocated because it
have the potential of reducing the temptation of stealing public funds,
increase workers productivity, enable a worker live a decent live, enjoy a level
of financial stability, etc.
6. Attitudinal dimension which involve the
development and promotion of right personality, beliefs values, behaviours, and
motivation have a significant potential of checking corrupt practice, this
responsible rest on every on every family unit to produce a member of its
family who is not counted in the statistic of corrupt member of the society. An
improved educational system hold the potential of producing good leaders who
detect corrupt practice, the poor educational system is one reason while some
public office holder steal public funds to educate their children abroad. There
exist argument for and against the removal of immunity clause provided in
section 308 of the Constitution,[21]
the removal of immunity clause which exempts the President, Vice President,
Governors and Deputy Governors from prosecution while in office is not
conclusively a solution in the fight against corruption because even the clause
is removed and a serving President or Governor is made face corrupt charges
preferred against them, such public office have the potential to use the tax
payers money to influence the outcome of judgment if find a will minister in
the temple of justice who will be will to do his bid. There what should
advocated is the true independence and strength of our respective political and
legal institution that promotes checks and balances in government.
7. Other factors that need attention in the
fight against corruption is Nigeria are the provision of entrepreneurial development
and economic empowerment; good and functional health system to reduce the
growing medical tourism among some Nigerians particularly those who have to
steal public treasury to sustain their trips abroad for medical check-ups and
treatment for themselves and most cherished family, the establishment of a
working, modern and well equipped healthcare sector can hold an option in the
fight against corruption, boosting of the media’s capacity for reporting,
investigation, documentation and campaign against corrupt practice and
impunity. Professional Institutions such as the Nigerian Bar Association,
Institute of Chartered Accountant of Nigeria (ICAN), etc., should support in
the fight against corruption[22].
Education have been mentioned earlier but is it imperative to reiterate the
need for a working educational system because it is one of the driving factor
in human and societal development and each time open the pages of the national
daily when you see banks reports on returns on utilization of funds sold to customers
each day, week or month you wish the money spent on education abroad applied to
our economy to strength the nation’s economy.
8. The cost of governance in Nigeria without
doubt is such a huge cost running to Billions of Naira, yet the Nigeria citizen
are yet to get the dividend of democracy as you can still find the trail of
abject poverty everywhere, failed infrastructure begging for mercy and
attentioneveryday, insecurity, wanton and unwarranted killing of innocent
Nigerian citizens[23]
the Nigerian government official take pleasant delight in the purchase and
riding flashy and exotic cars worth Billions of Naira without regards and
concern for the growing level of abject poverty in the nation and the suffering
of Nigerians. Top in the list of growing cost of governance is the huge pension
scheme of past governors and their deputies yet some of them still earn salary
allowances as members of the national assembly.
9. The provision and allocation of
unaccounted millions of naira to the presidency, state governors and top public
office holders at different tiers of government in the name of security vote is
one innovation with an ingenuity to spend public funds without question on the
ground that the expenditure brothers on security issues which is presumably
delicate hence do not require public disclosure or explanation. It worrisome
that the expenditure of tax payer money should be shrouded in secrecy without
the tax payers knowing how the tax they paid is applied in the overall interest
of the society, this situation is one which leads to and creates an avenue for
the looting and siphoning of the public treasury, according to transparency
international’s report security vote fund is said to be ‘synonymous with
official corruption and abuse of power’. Katherine Dixon, transparency
international said that: ‘Today, security votes are budgetary black boxes that
are ripe for abuse by politicians seeking re-election or officials looking to
run for political office’. ‘… security votes is providing corrupt official with
easy to use and entirely hidden slush fund’ it is reported that the
federal-level detailed spending on components recognized as security vote
advanced by 43 per cent in the 2018 budget from the year 2017, it further
report that the fund are directed into political enterprise or misappropriated
completely.[24]
In demand of transparency
and accountability in government it is needful to call for the scraping of
security vote, because nobody monitors the state governors the use of this fund
by the state governors, again, one wonders the purpose the funds are actually
used for with the growing presence of insecurity and killings which leading to
a state of humanitarian crisis in different part of the countries. In some
states there is no security architecture as indicator of the use of this money,
the waste, creation of this drain pipe for conversion and diversion;
misappropriation of public fund for be blocked so that this fund can be used
for social infrastructural and agricultural development, provision of quality
education, better healthcare delivery, portable water, etc,. If for any reason
there is need for the appropriation of public fund for security, the expending
of such monies should not be the sole duty of the governors or the top
government officials who presently receive the money, the expenditure of the
money should be subjected to strict supervision and monitoring or alternatively
a security commission with transparency and credibility obligation should be
created in each state to superintend and account for the use and application of
this fund in the overall interest of the society this will save the mockery
that is made of and hullabaloo about the security vote.
10. The fight against corruption
at all level can effective where the government, ministries, agencies and
various department of government disclose information on its activities and use
of public fund, with the activities and expenditure of public domain the public
can asking question and hold the accounting inn their expenditure of public
fund. This will as well foster transparency in the use of public fund. The
public on its part have not lived up to expectation in its role as watchdogs
because there are extant laws that provide for access to information in the
custody of public institutions especially if the disclosure of such information
is in public interest[25]
and boards on the violation of any law, rule, regulation or abuse of
authority/power and mismanagement, gross waste of public fund and fraudulent
activities in public institutions. The judicial arm of government decisions of
the court is have a pivotal role to play in strengthening the dissemination of
information on government activities, transaction and records with ease as
provided in the Freedom of information Act, 2011 by promoting and ensuring
obedience and adherence to the letter and spirit of the law hopefully this will
help reduce the deliberate refusal and denial of access to information to the
public with impunity.
11. The Economic and Financial
Crime Commission (EFCC) is said to have recover a total sum of about 511.9
Billion Naira in the year 2017[26],
the EFCC also revealed at a Federal High court it recovered N2.4 billion and
one hundred and fifteen thousand Dollars ($115,000) from a former chief of air
staff[27],
while the EFCC North-East office in Gombe State said it has recovered N130 million from the fallout of the 2015
election looted funds[28],
there is also the discovery of an alleged $9million in the home of Ex-Amnesty
boss[29]
accountability of this laudable recovered loot remain a mystery as there is no
clear information as what have happened to the recovered fund and its
application for the creation of value added economic benefit or impact in
greatly reduction corruption[30].
The lack of conviction of those involved in this act of corruption have not in
any way helped in the fight against corruption as the illegal act have
continued unabated. One have expected something more result oriented and
fruitful in the present administration of the President Muhammadu Buhari in the
fight against corruption many believe and are not convinced that the present
government is committed in the fight against corrupt practice.[31]
with all the billion naira said to have been recovered by the EFCC the Nigeria
government is still borrowing to fund budget and finance the development and
construction of infrastructure. Nigerians rarely understands what is happening
with said recovered or the forfeited funds to the Federal government, all that
is heard on electronic and print media is the huge amount of money said to have
been recovered and nothing more. This situation has at different quarters
amongst Nigerians raised serious concerns on the ability and sincerity of this
government to fight corruption. Suffice it to say that, lack proper investigation
of the operatives of the EFCC of profile corrupt cases before charging suspects
to court depict the skill deficiency of the operative and bring to whether this
trail and error investigation process is not calculated at shielding in secrecy
corrupt important it can frustrate the prosecution of the suspect.
12. The fight against corruption demands
introspection and frankness to win the confidence of and against the trust of
populace to further strengthen their zeal and commitment to participate in the
fight against corruption. The government and its anti commitment to must to put
an end to their sarcastic response issues that require clarity with respect to
funds recovered so that governance and the fight against corruption is not
reduce to comedy as corrupt practice have grossly led to neglect, decay of
value and poverty in different developing nations. the billions of money
siphoned through corrupt practice institutionalized in public institution
offends the moral sense of decency, therefore, the desires to know what is
happening to the peoples looted funds for transparency and control, the
minister of finance, Mrs. Kemi Adeosun yielding to the public demands asked the
acting executive chairman of the Economic and financial Crime Commission (EFCC)
Ibrahim Magu, to account for the recovered cash from the period of May 2015 to
January 2018 where deposited and provided accompanying evidence to that effect[32].
This information will further ensure the anti graft agency is not itself
perpetuating the looting or diversion of the recovered fund looted from public
treasury as well provide full and independent corroboration to the recovered
fund to strengthen the public confidence in the operation of EFCC. This demand
by the minister of finance is in nexus with the land mark Judgment by Justice
Idris of Federal High Court which order the Nigerian government to publish and
accounting for the spending of recovered looted fund from the period of the
year 1999. It is expected that this kind of information with the EFCC should be
accessible to public[33]
for transparency and accountability in the recovery of looted fun and promotion
of the fight against corruption.
SUMMARY
This
work has been able to show what the definition of “CORRUPTION” is using all the
available definitions for the purpose of our understanding
We
have been able to also provide foot notes and bibliography in this work for
easy reference and proper understanding of the work. It also enables us to show
that readers can have the opportunity for further ready.
Because
of the nature of the topic, we did not only criticize the leaders in Nigeria in
relation to the fight against corruption since the 3rd century but
we also juxtapose this with the positive side of the leaders in Nigeria in
their war against corruption. This is what is called “Constructive Critisms”
and not just critisms.
In
advocating for a corrupt free society through our leaders efforts in Africa
especially in Nigeria, we proffered some for weighty recommendations.
CONCLUSION
As could be seen from the above topic,
“Corruption” is a very serious issues which must be properly fought by the
leaders in Nigeria. This work will go a long way in the fight against
corruption in Nigeria.
BIBLIOGRAPHY
A. CASE
LAWS
1 FED REP OF NIGERIA VS SIR
KINGSLEY IKPE (2006) 2 EFCLR pg 1
2. A.G ONDO VS A.G FEDERATION
(2002) 9 NWLR (Part 722) pg 222
B. STATUTES
1. The Administration of
Criminal Justice Acts (ACJA) of the Federation and Administration of Criminal
Justice Laws (ACJL) of various states need to amended to allow for accommodate
the front loading of the evidence of witness in the form of a written disposition
on oath and further amendment of the various sections of ACJA and ACJL that
perceived as weak and ineffective will facilitate the quick delivery of
judgment.
2. Sections 88(2)(b) and
128(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as
amended), the national and state house of assembly have a duty to effectively
monitor the expenditure of government to ensure that public funds are nor fraudulently diverted or
privately converted as well as, see to it that expenditure are not incurred
extravagantly, in violation of budgetary provision or procurement laws. This
responsibility should not be left in the hands of the members of the assembly,
indeed the Nigerian citizens and all stakeholders have a role to play in this
regard in the interest of the nation.
3. General section 308 of the
1999 Constitution of the Federal Republic of Niger.
4. Section
2(2) of the Freedom of Information Act 2011, No.4. Although there may
limitation in the law and bureaucratic bottlenecks that may hinder access to
certain public information that may aid the fight and disclosure of corrupt
practice, but as a people we must commence the demand for these information as
the demand gather momentum those inn the custody of these information will be
left with no option but to release this information to the public for
consideration and action. This law no can apply in thestates.
5. Section
2(2) of the Freedom of information Act, 2011, provide for public institution
like Economic and Financial Crime Commission, and others to effect proper
organization and maintenance of information in their custody particularly to
provide public access to such information, especially once there is no legal
bar to its disclosure and publication or fails within section 28 of the Freedom
of information Act, 2011.
C. BOOKS
1. Dictionary of Strange Derivations,
Webster S.E Britania Publications, Belfast, Ireland 1848, 3rd Edition.
2. Blacks Law Dictionary, 6th Edition by
Brian Garner.
3. Yusuf Ali Esq (SAN); The Role of Civil
Society in the Fight Against Corruption in Nigeria: Paper presented at the 9th
Edition of the Annual Adekunle Kukoyi Memorial Lecture.
4. Amuda – Kannike Abiodun (SAN); Criminal
Justice System and the War Against
Corruption in Nigeria; Published by Ife Juris Review, Journal of Contemporary
Legal and Allied Issues O.A.U, Ile-Ife, Osun State.
5. The Corporate World in Nigeria on their
own are not only involved in corruption but participates actively in it,
thereby undermining development and the economy.
6. Joshua .E. Alobo; Corruption in the Rock,
Published by Diamondreal Resources Consult 2006, page 84.
7. What is happening in Nigerian is the same
all over most part of African countries. This is because electoral corruption
is a usual characteristic among African politicians.
8. See THIS
DAY, The Sunday Newspaper, October 1, 2006, at page 104.
9. Ibid;
Joshua. E.. Alobo Pg 23-24
10. The removal of endemic poverty, socio –
economic inequality and regression is essential in the fight against corruption
because there is a seemingly positive correlation with poverty, socio-economic
inequality and corrupt practice; the quest among the citizens for immediate
token of personal gain resulting in the electorate selling their votes for
peanuts have retarded the economic and political progress of the nation as the
voters sell their political power and will to collectively vote out a corrupt
government or hold the government accountable and responsible to the citizens.
11. The existence of a government which advance
of the aspiration and serve the interest of all the ethnic nationalities in
Nigeria will foster a national spirit and cooperate will and commitment in the
fight and promote unity in diversity into a force in the fight unity in one
fold and strength to fight corruption in Nigeria.
12. Therefore, there is the need for the
enactment of a New Realistic Minimum Wage Act, because the meager and pitiful
minimum wage of N18,000.00 about forty Pounds (£40) per month earned by some
workers in private and public sectors can ignite the participation in corrupt
practice to make ends meets, as the obvious truth remain that the present
economic reality the minimum wage structure is not sustainable for the survival
of those in such salary scale in comparison to other countries without cutting
corner. Although, the present economic situation and reality is not a
suggestion that people should jettison the virtue of contentment, self
satisfaction and good moral values and resort to corrupt practice in their bid
to survival economic hardship.
13. These association should strengthen its
disciplinary machinery be to discipline it erring members who are found wanting
in course of their practice and discharge of duty, or violates their rule of
professional conduct, the bodies should as well as collaborate with relevant
agencies in the fight against corruption.
14. This Day, Vol. 28, No 8409, page 1 and 6,
Continuous Killings: NLC Seeks State of Emergency Declaration. It is reported
that about 901 persons have killed in the Middle Belt part of the country from
the month of January to April 2018; ThisDay, Vol. 23, No. 8411, page 1 and 8,
901 Killed in Middle Belt Since January, they have attracted international
condemnation and concern, the President of the United States of America, Donald
Trump told his Nigerian counterpart President Muhammadu Buhari to do something
to the unacceptable and protracted killing of Christians in Nigeria; ThisDay,
Vol. 23, No 8412, page 1 and 8, US Concerned About Continuous Killings of
Christian in Nigeria, says Trump and; ThisDay, Vol.23, No. 8413, page 1 and 8,
Wednesday 2 May 2018, 60 Worshippers Killed in Twin Bomb Attacks in Mubi;
ThisDay, Vol.23, No8416, Saturday, 5 May, 2018, page 1 and 6, Again, Suicide
Bombers attack Borno State, 7 killed; ThisDay Vol.23, No.8417, Sunday, 6 May,
2018 page 1 and 8, Ortom, 18 of 23, Benue LGs under Siege by Herdsmen: the
Governor of Benue State Samuel Ortom said that about 18 of the 23 local
government areas of the state are under the siege of attacks by Boko Haram and
herdsmen, ThisDay, Vol. 22, No.8418, Monday, 7 May, 2018, page 1 and 10,
unidentified gunmen kill 45 in Kaduna, it is reported that 45 persons were
killed at Gwaska village in Gwari Local Government Area of Kaduna State with
several person inured.
15. ThisDay, Vol. 23, No.8440, Tuesday, 29 May,
2018, page 8. Transparency Int’t: FG Expanding Use of Opaque $670 Security Vote
as Slush Fund.
16. ThisDay, 13 February, 2018 Vol.23, No.8335,
page 17, Five Pointers We’re Losing War Against Corruption, further details and
breakdown can be found in this same page.
17. ThisDay, 28 March, 2018, Vol.23, No.8379,
page 57, N22.8b Fraud: How We Recovered Stolen Funds From Amosu, Others, Say
EFCC.
18. ThisDay; 7 April, 2018, Vol.23, No. 8371,
page 55, EFCC Recovers N130M, Prosecutes 9in North-East.
19. ThisDay, 21 March, 2018, Vol.23, No 8379,
page 1 and 10, $9M Cash Allegedly Discovered in Home of Ex-Amnesty Boss, Boroh.
20. My worry as to the
accountability of the record of the fund, custody and the setting of the record
straight with regards to the looted fund is because I have a premonition that
these fund may be a re-looted, there may be more that meet the eye if the
relevant authority do not deliberately lead and support with commitment and
transparency, give substantial evidence as to the where about of looted funds,
I fear that an unexpected drama may unfold as to improper record and account of the funds, enhance the
need and call for the proper accountability of all looted funds through the
provision of open, comprehensive, timely, and freely disclosed real time
information readily available and accessible to the public on the funds, the
implication of this call is important so that the people will be on guard to
ensure that recovered funds is not re-looted in connivance with those who may
have the intention of diverting the fund; that way the public will be said to
be in the pursue of measure of being the watch dogs of over our common wealth.
In his claim to the response to the letter dated February 9, 2018, with
reference number: FM/HMF/EFFC/S-EFCC-REC/2018/1 written by the Minister of
Finance Mrs. Kemi Adeosun to him to provide clarification recovered cash asset,
the EFCC chairman, Mr. Ibrahim Magu did not disclose to the public the Federal
Agencies in whose custody is so that these agencies can held accountable for
these fund, this situation in itself do not aid public participation in holding
government accountable and responsible to its duty and expectation. See,
ThisDay, 11 April, 2018, Vol.23, No 8393, page 48, FIRS Commends EFCC over
N23bn Recoveries from Banks
21. Generally ThisDay Vol. 23, No.8335, supra.
22. ThisDay, 26 March, 2018,
Vol. 22, No.8376, page 58, Adeosun Asks Magu to Account for Looted Funds
further details of the letter on same page
D. INTERNET
MATERIALS
1. See www.icsq.org.uk; what is good governance; accessed
through the net on 24/10/2018 at 3am.
2. https//en.mwikipedia.org; Good
governance; Accessed through the net on 24/10/2018 at 4am.
3. https://www.transparency.org; How to win
the fight against corruption in Africa. Accessed through the internet on
25/10/2018 at 23:59pm
[1] Dictionary of strange Derivations, Webster S.E
Britania Publications, Belfast, Ireland 1848, 3rd Edition.
[2]
Blacks Law Dictionary, 6th Edition by Brian Garner.
[3]
Yusuf Ali Esq SAN; The role of Civil Society in the Fight Against Corruption in
Nigeria: paper presented at the 9th Edition of the Annual Adekunle Kukoyi
Memorial Lecture, organized by the Institution of Nigeria Surveyors, Lagos
State Branch, Page 4.
[4]
Amuda – Kannike Abiodun (SAN); Criminal Justice System and the War Against
Corruption in Nigeria; published by Ife Juris Review, Journal of Contemporary
Legal and Allied Issues O.A.U, Ile-Ife, Osun State. Pages 1076 - 1098
[5]
See www.icsq.org.uk; what is good
governance; accessed through the net on 24/10/2018 at 3am.
[6]
See https//en.mwikipedia.org; Good governance; Accessed through the net on
24/10/2018 at 4am.
[7] M.
Robinson; “Corruption and Development; An Introduction; M. Robinson (Ed)
Corruption and Development, London; Frank Cass, 1998.”
[8]
See https://www.transparency.org;
How to win the fight against corruption in Africa. Accessed through the
internet on 25/10/2018 at 23:59pm
[9]
The Corporate World in Nigeria on their own are not only involved in corruption
but participates actively in it, thereby undermining development and the
economy.
[10]
(2006) 2 EFCLR page 1.
[11] Joshua .E. Alobo; Corruption in the Rock,
Published by Diamondreal Resources Consult 2006, page 84.
[12]
What is happening in Nigerian is the same all over most part of African
countries. This is because electoral
corruption is a usual characteristic among African politicians.
[13]
(2002) 9 NWLR (Part 722) Page 222
[14]
See THIS DAY, The Sunday Newspaper, October 1, 2006, at page 104.
[15]
Ibid; Joshua. E.. Alobo Pg 23-24
[16]
The Administration of Criminal Justice Acts (ACJA) of the Federation and
Administration of Criminal Justice Laws (ACJL) of various states need to
amended to allow for accommodate the front loading of the evidence of witness
in the form of a written disposition on oath and further amendment of the
various sections of ACJA and ACJL that perceived as weak and ineffective will
facilitate the quick delivery of judgment.
[17]
See, sections 88(2)(b) and 128(2)(b) of the 1999 Constitution of the Federal
Republic of Nigeria (as amended), the national and state house of assembly have
a duty to effectively monitor the expenditure of government to ensure that public funds are nor fraudulently diverted or
privately converted as well as, see to it that expenditure are not incurred
extravagantly, in violation of budgetary provision or procurement laws. This
responsibility should not be left in the hands of the members of the assembly,
indeed the Nigerian citizens and all stakeholders have a role to play in this
regard in the interest of the nation.
[18]
The removal of endemic poverty, socio – economic inequality and regression is
essential in the fight against corruption because there is a seemingly positive
correlation with poverty, socio-economic inequality and corrupt practice; the
quest among the citizens for immediate token of personal gain resulting in the
electorate selling their votes for peanuts have retarded the economic and
political progress of the nation as the voters sell their political power and
will to collectively vote out a corrupt government or hold the government
accountable and responsible to the citizens.
[19]
The existence of a government which advance of the aspiration and serve the
interest of all the ethnic nationalities in Nigeria will foster a national
spirit and cooperate will and commitment in the fight and promote unity in
diversity into a force in the fight unity in one fold and strength to fight
corruption in Nigeria.
[20]
Therefore, there is the need for the enactment of a New Realistic Minimum Wage
Act, because the meager and pitiful minimum wage of N18,000.00 about forty Pounds (£40) per month earned by some
workers in private and public sectors can ignite the participation in corrupt
practice to make ends meets, as the obvious truth remain that the present
economic reality the minimum wage structure is not sustainable for the survival
of those in such salary scale in comparison to other countries without cutting
corner. Although, the present economic situation and reality is not a
suggestion that people should jettison the virtue of contentment, self
satisfaction and good moral values and resort to corrupt practice in their bid
to survival economic hardship.
[21]
See general section 308 of the 1999 Constitution of the Federal Republic of
Niger.
[22]
These association should strengthen its disciplinary machinery be to discipline
it erring members who are found wanting in course of their practice and
discharge of duty, or violates their rule of professional conduct, the bodies
should as well as collaborate with relevant agencies in the fight against
corruption.
[23]
See, This Day, Vol. 28, No 8409, page 1 and 6, Continuous Killings: NLC Seeks
State of Emergency Declaration. It is reported that about 901 persons have
killed in the Middle Belt part of the country from the month of January to
April 2018; ThisDay, Vol. 23, No. 8411, page 1 and 8, 901 Killed in Middle Belt
Since January, they have attracted international condemnation and concern, the
President of the United States of America, Donald Trump told his Nigerian
counterpart President Muhammadu Buhari to do something to the unacceptable and
protracted killing of Christians in Nigeria; ThisDay, Vol. 23, No 8412, page 1
and 8, US Concerned About Continuous Killings of Christian in Nigeria, says
Trump and; ThisDay, Vol.23, No. 8413, page 1 and 8, Wednesday 2 May 2018, 60
Worshippers Killed in Twin Bomb Attacks in Mubi; ThisDay, Vol.23, No8416,
Saturday, 5 May, 2018, page 1 and 6, Again, Suicide Bombers attack Borno State,
7 killed; ThisDay Vol.23, No.8417, Sunday, 6 May, 2018 page 1 and 8, Ortom, 18
of 23, Benue LGs under Siege by Herdsmen: the Governor of Benue State Samuel
Ortom said that about 18 of the 23 local government areas of the state are
under the siege of attacks by Boko Haram and herdsmen, ThisDay, Vol. 22,
No.8418, Monday, 7 May, 2018, page 1 and 10, unidentified gunmen kill 45 in
Kaduna, it is reported that 45 persons were killed at Gwaska village in Gwari
Local Government Area of Kaduna State with several person inured.
[24]
ThisDay, Vol. 23, No.8440, Tuesday, 29 May, 2018, page 8. Transparency Int’t:
FG Expanding Use of Opaque $670 Security Vote as Slush Fund.
[25] See, section 2(2) of the Freedom of
Information Act 2011, No.4. Although there may limitation in the law and
bureaucratic bottlenecks that may hinder access to certain public information
that may aid the fight and disclosure of corrupt practice, but as a people we
must commence the demand for these information as the demand gather momentum
those inn the custody of these information will be left with no option but to
release this information to the public for consideration and action. This law
no can apply in the states.
[26]
ThisDay, 13 February, 2018 Vol.23, No.8335, page 17, Five Pointers We’re Losing
War Against Corruption, further details and breakdown can be found in this same
page.
[27] See, ThisDay, 28 March, 2018, Vol.23,
No.8379, page 57, N22.8b Fraud: How We
Recovered Stolen Funds From Amosu, Others, Say EFCC.
[28] ThisDay; 7 April, 2018, Vol.23, No. 8371,
page 55, EFCC Recovers N130M,
Prosecutes 9in North-East.
[29] ThisDay, 21 March, 2018, Vol.23, No 8379,
page 1 and 10, $9M Cash Allegedly Discovered in Home of Ex-Amnesty Boss, Boroh.
[30] My worry as to the accountability of the
record of the fund, custody and the setting of the record straight with regards
to the looted fund is because I have a premonition that these fund may be a
re-looted, there may be more that meet the eye if the relevant authority do not
deliberately lead and support with commitment and transparency, give substantial
evidence as to the where about of looted funds, I fear that an unexpected drama
may unfold as to improper record and
account of the funds, enhance the need and call for the proper accountability
of all looted funds through the provision of open, comprehensive, timely, and
freely disclosed real time information readily available and accessible to the
public on the funds, the implication of this call is important so that the
people will be on guard to ensure that recovered funds is not re-looted in connivance
with those who may have the intention of diverting the fund; that way the
public will be said to be in the pursue of measure of being the watch dogs of
over our common wealth. In his claim to the response to the letter dated
February 9, 2018, with reference number: FM/HMF/EFFC/S-EFCC-REC/2018/1 written
by the Minister of Finance Mrs. Kemi Adeosun to him to provide clarification
recovered cash asset, the EFCC chairman, Mr. Ibrahim Magu did not disclose to
the public the Federal Agencies in whose custody is so that these agencies can
held accountable for these fund, this situation in itself do not aid public
participation in holding government accountable and responsible to its duty and
expectation. See, ThisDay, 11 April, 2018, Vol.23, No 8393, page 48, FIRS
Commends EFCC over N23bn Recoveries
from Banks
[31] .See, generally ThisDay Vol. 23, No.8335,
supra.
[32]
ThisDay, 26 March, 2018, Vol. 22, No.8376, page 58, Adeosun Asks Magu to
Account for Looted Funds further details of the letter on same page
[33]
Section 2(2) of the Freedom of information Act, 2011, provide for public
institution like Economic and Financial Crime Commission, and others to effect
proper organization and maintenance of information in their custody
particularly to provide public access to such information, especially once
there is no legal bar to its disclosure and publication or fails within section
28 of the Freedom of information Act, 2011.
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