Prof.
Amuda-Kannike Abiodun (SAN)
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 Univrsity,
Malete Via Ilorin, Kwara.
Tel & Email: 08033256756, amudakannikeabiodun@gmail.com[1]
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
- 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
- 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. - 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. - 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
- CASE LAWS
1 FED REP OF NIGERIA
VS SIR KINGSLEY IKPE (2006) 2 EFCLR pg 1
- A.G ONDO VS A.G FEDERATION (2002) 9 NWLR (Part 722) pg 222
- STATUTES
- 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. - 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. - General section 308 of the 1999 Constitution of the Federal
Republic of Niger. - 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. - 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.
- BOOKS
- Dictionary of Strange Derivations, Webster S.E Britania
Publications, Belfast, Ireland 1848, 3rd Edition. - Blacks Law Dictionary, 6th Edition by Brian Garner.
- 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. - 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. - 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. - Joshua .E. Alobo; Corruption in the Rock, Published by
Diamondreal Resources Consult 2006, page 84. - 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. - See THIS DAY, The Sunday Newspaper, October 1, 2006, at page
104. - Ibid; Joshua. E.. Alobo Pg 23-24
- 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. - 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. - 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. - 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. - 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. - 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. - 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. - ThisDay, 28 March, 2018, Vol.23, No.8379, page 57, N22.8b
Fraud: How We Recovered Stolen Funds From Amosu, Others, Say
EFCC. - ThisDay; 7 April, 2018, Vol.23, No. 8371, page 55, EFCC
Recovers N130M, Prosecutes 9in North-East. - ThisDay, 21 March, 2018, Vol.23, No 8379, page 1 and 10, $9M
Cash Allegedly Discovered in Home of Ex-Amnesty Boss, Boroh. - 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 - Generally ThisDay Vol. 23, No.8335, supra.
- 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
- INTERNET MATERIALS
- See www.icsq.org.uk[2]; what is good
governance; accessed through the net on 24/10/2018 at 3am. - https//en.mwikipedia.org; Good governance; Accessed through the
net on 24/10/2018 at 4am. - https://www.transparency.org[3]; 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[4]; 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[5]; 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.
References
- ^
amudakannikeabiodun@gmail.com
(nairalaw.com) - ^
www.icsq.org.uk
(www.icsq.org.uk) - ^
https://www.transparency.org
(www.transparency.org) - ^
www.icsq.org.uk
(www.icsq.org.uk) - ^
https://www.transparency.org
(www.transparency.org)