The Effectiveness of Anti-Corruption Laws in Nigeria
Nigeria’s reputation on the global stage is tarnished by its struggles with corruption, leading to widespread international stigma. On June 13th 2000, before giving presidential assent to the Corrupt Practices and Other Related Offences Act, 2000, former President Olusegun Obasanjo declared: “Corruption is a canker-worm that has eaten into the fabric of our society at every level. It has caused decay and dereliction within the infrastructure of government and the society in physical, social and human terms.
Corruption has been responsible for the instability of successive governments since the First Republic. Every coup since then has been in the name of stamping out the disease called corruption. And Nigeria has been the worst for it. Nigeria’s external image took a serious bashing, as our beloved country began to feature on top of every corruption index.”1
Therefore, it is evident even to a blind man how notorious Nigeria is for corruption. Jesse Jackson of the United States of America, talking about corruption in Africa, observed that for Africa to move forward, corruption must be seen as a crime against humanity as Africa is too rich to be poor2.
Corruption in Nigeria
Corruption remains a pervasive challenge in Nigeria, undermining governance, economic development, and social cohesion. Every Nigerian would agree that almost every sector in Nigeria is clothed with corruption and it has compromised the efficiency of anti-corruption laws in Nigeria.
Corruption in Nigeria takes unique and varied forms but not limited to Bribery3, Nepotism, Extortion, Fraud, Embezzlement and Money Laundering. These various forms of corruption undermine the transparency of both the public and private sectors in Nigeria. Government officials and agencies are complacent of these acts. It is disheartening that there is a popular saying in Nigeria which reflects the high level of Nepotism in the country “anyone can get anything or anywhere in Nigeria as long as he has the right connection”
Several legislations have been enacted to curb corruption that has eaten deep into the fabric of Nigerian society, however, the question to ask is WHETHER OR NOT THESE LEGISLATION HAVE BEEN EFFECTIVE?
Are Anti-corruption laws really effective in Nigeria?
Anti-corruption laws are a set of legislation and regulations aimed at preventing, investigating and prosecuting corruption-related offenses in Nigeria. There is no denying the fact that corruption has been a persistent issue since Nigeria’s independence in 1960. Nonetheless, it was not until four decades later that the government enacted a legislation aimed at curbing corruption.
The inaugural anti-corruption legislation in Nigeria was the Corrupt Practices and Other Related Offenses Act of 2000. This legislation established the Independent Corrupt Practices Commission (ICPC) to investigate and prosecute corruption cases. Since 2000, a flurry of Anti-Corruption legislation had come into force including the Economic and Financial Crimes Commission (EFCC) Establishment Act (2002), Advance Fee Fraud and Other Fraud Related Offenses Act (1995), Money Laundering (Prohibition) Act (2011), Terrorism (Prevention) Act (2017), Whistle-blower Protection Act (2017), and Nigerian Financial Intelligence Unit (NFIU) Act (2018).
The objectives of the various Anti-corruption legislation in Nigeria include4 preventing corruption and related offenses, investigating and prosecuting corruption cases, recovering stolen assets and funds, protecting whistle-blowers, promoting transparency and accountability in government and private sectors, collaborating with government bodies within and outside Nigeria to eradicate corruption in Nigeria5, educating the public against economic and financial crimes within and outside Nigeria6.
Anti-corruption agencies were also established to ensure the enforcement of the enacted anti-corruption laws and they include Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), Nigerian Financial Intelligence Unit (NFIU), Code of Conduct Bureau (CCB), and Code of Conduct Tribunals (CCT)
The effectiveness of the various anti-corruption laws in the country is a matter of considerable debate, as these legal frameworks are designed to combat graft and enhance accountability within public institutions. However, various factors contribute to the limited success of these laws in achieving their intended objectives.
One key aspect of the ineffectiveness of anti-corruption laws in Nigeria is the lack of political will among the elites. Corruption is often perpetrated by individuals in positions of power who exploit the very laws intended to curb their malfeasance. They use the laws intended to protect the public for their own personal interests. Consequently, the enforcement of anti-corruption statutes is frequently weakened by selective prosecution and a pervasive culture of impunity. High-profile cases often stall, and judicial processes become mired in delays, undermining public trust in the legal system.
Furthermore, the enforcement agencies tasked with implementing these laws, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), often face significant challenges.
These institutions are frequently underfunded, poorly equipped, and susceptible to political interference, which hampers their ability to operate effectively. Additionally, the lack of comprehensive data on corruption complicates the measurement of the success of existing laws and policies, thus inhibiting informed decision-making.
Public awareness and civil society engagement are also crucial components in the fight against corruption. While numerous anti-corruption laws exist, their effectiveness is reliant on the active participation of the citizenry in holding public officials accountable. Educational initiatives aimed at fostering a culture of integrity and transparency are essential, as they empower citizens to demand accountability from their leaders.
Despite these challenges, it is important to recognize that recent efforts to strengthen anti-corruption laws have yielded some positive outcomes. Legislative reforms, international cooperation, and the increasing involvement of non-governmental organizations have contributed to a more robust legal framework for combating corruption.
Conclusion
In conclusion, while anti-corruption laws in Nigeria are foundational in the pursuit of a transparent and accountable governance framework, their effectiveness is currently compromised by a combination of political, institutional, and societal factors.
Addressing these challenges requires a concerted effort from all stakeholders, encompassing government, civil society, and the general populace. Only through collective action and a commitment to integrity can Nigeria hope to mitigate the scourge of corruption and realize its full potential as a nation.
1 The President’s Speech on the occasion of the formal signing into law of the Corrupt Practices and Other Related Offences Act 2000, in Abuja on the 13th of June, 2000
2 Per Saulawe, J.C.A in Akingbola vs. ThE Chairman E.F.C.C (2012) 9 NWLR (Pt. 1306) 475 at 509-510
3 Bribery is criminalized by Section 98 of the Criminal Code Act
4 The President’s Speech on the occasion of the formal signing into law of the Corrupt Practices and Other Related Offenses Act 2000, in Abuja on the 13th of June, 2000
5 Section 6(I) of EFCC Act 2004
6 Section 6(p) of EFCC Act 2004
Image Credit: REDWERK
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Ogundeji Mary A is a trailblazing 400-level Law student at KolaDaisi University, Ibadan. With a passion for excellence and a drive to succeed, Mary is making a name for herself as a student leader, content writer, and aspiring change-maker.
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