THE ROLE OF ANTIGRAFT AGENCIES IN FIGHTING CORRUPTION (A STUDY OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION) ABSTRACT The study was on the Role of Antigraft Agencies in Fighting Corruption: A study of Economic and Financial Crime”. Graft is a cancer which has not only eaten deep into the fabrics of the Nigeria polity but also soiled the image and personality of every Nigerian at home and abroad. Therefore, the focus of this research is not just to uncover its origin, causes, manifestation, nature, effect and contemporary incidence of graft at all levels of Government in Nigeria, especially the Local government council in Enugu State. The research goes further too critically review the operations of the EFCC in its attempt at stamping out 99 from a population of 306.. It is hoped that it might help in readdressing and reorientation the mind set of both the leaders and followers towards becoming better Nigerians for the benefits of future generation, the research starts by examining the history of corruption in Nigeria, causes, nature manifestation and consequences. The research concludes by starting that war on graft could be won, if the anti-graft agency i.e. E.F.C.C. (Economic and Financial Crime Commission is given the enabling environment and autonomy to act independently among other viable recommendations made in the research work. TABLE OF CONTENT CHAPTER ONE INTRODUCTION 1.1 Background of Study 1.2 Statement of Problem 1.3 Objectives of the Study 1.4 Research Questions 1.5 Significance of the Study 1.6 Scope of the Study 1.7 Limitations of the Study 1.8 Definition of Terms CHAPTER TWO REVIEW OF RELATED LITERATURE 2.1 Historical Overview of Corruption in Nigeria 2.2 Corruption in Nigeria 1960 - 1966 2.3 Corruption in Nigeria 1966 – 1975 2.4 Corruption in Nigeria 1975 – 1979 2.5 Corruption in Nigeria 1983 - 2014 2.6 Corruption in Nigeria 2014 - 2019 2.7 Review of other Related Literature 2.8 The Organizational structure of the EFCC 2.9 Operational Guides of the EFCC 2.10 Anti-graft Agencies in Nigeria 2.11 Theoretical Framework 2.12 Effects of Corruption on the Economy CHAPTER THREE RESEARCH DESIGN AND METHODOLOGY 3.1 Sources of Data Collection 3.2 Population of the Study 3.3 Sample Size and Sampling Technique 3.4 Method of Administration of Instrument 3.5 Validity and Reliability of the Instrument 3.6 Method of Data Analysis CHAPTER FOUR DATA PRESENTATION AND ANALYSIS 4.1 Data Presentation 4.2 Analysis of Data 4.3 Discussion of Findings 4.4 Implications of Findings CHAPTER FIVE SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS 5.1 Summary of Findings 5.2 Conclusion 5.3 Recommendations References Appendices
CHAPTER ONE INTRODUCTION 1.1 Background of the Study The problem of graft and its dynamic is a phenomenon that affects most societies both developed and developing countries. In the case of developing countries; the situation assumes a critical dimension under score by both its magnitude and its attendant’s aftermaths on the development process. In Nigeria particularly, graft and the government attempt to curb, it can be traced to the colonial Nigeria for instance, Chuta (2014:2) in concerning With the historical perspective of the anti-graft polices in Nigeria opined that “The anti-graft both adopted by the British was the consular court system, comprising the European political officers and natives chiefs charged with trying and punishing corrupt act”. In addition to the above, towards the early 1950’s and 1960’s, the faster-Sutton commission of enquiring was inaugurated with the objective of examining the circumstances, surrounding the African continental bank (ACB) graft affairs in which Dr, Nnamdi, Azikiwe was accrued of infecting the sum of two million pounds into African Continental Bank, private account and in the same manner that the Coker’s commission was promulgated in 1964 to handle western region. In September 1975, General Murtala/ Obasanjo, set up the federal Assets investigation panel, the anti-graft panel indicated add the government of the Gowon regime except Brigadier Mobolaji Johnson of Lagos State and Oluwole Rotimi of Western State. However, shortly after Alhaji, Shagari took over the leadership of Nigeria; he introduced an anti-graft agency known as ethical revolution and code of conducts Bureau in 1981. The main thrust of the ethnical revolution can be summed up as follows. To move to nation steadily and permanently in the desirable new direction of self- reliance and dedication to excellence in leadership in discipline and order lines Mazi Kalu (2012:17). Despite these lofty objective or ideal, Shehu Shagari’s administration turned out to be open of the most corrupt government in Nigeria histories, “corruption became a deity which was worshipped by the Shagari’s administration. Onouo O. (2007 :12) furthermore, when the Buhari’s regime saw indiscipline as a dominant factor or virus responsible for the fast decaying system, it launched the war against indiscipline (WAI) as its anti-graft body for fighting corruption, fraud abuse of office etc. unfortunately, the regime did not last enough to accomplish it’s set anti-graft objectives. However, when General Ibrahim Babangida took over the mantle of leadership, he promulgated the corrupt practice and political economic decree in 2014 which provided for an independent commission against corruption. As sandal (2019:21) noted, “the decree was a far reaching and comprehensive approach to form inculcation of correction values of the spirit of civil responsibility and the need to eschew all vice including corruption. Under the regime of General Sani Abacha, the war against indiscipline (WAI) was launched in 4th May, 2010. The six point agenda of the programme were anti-corruption, ethics social justice, rule of law, economic discipline, environment discipline and the concept of quenching culture. The General Abacha’s regime also passed a law known as the indiscipline corrupt practice and economic (prohibition). Decree 2010. Despite the anti-graft agency and decree passed by General Sani Abacha to fight corruption Chuta (2017:24) opined that General Sani Abacha regime went down in Nigeria’s history as the most corruption in Nigeria. So far, it can now be understood how Nigeria was rated one of the most corrupt nations in the world shortly before Olusegun Obasanjo took over office in 1999. His quest and drive to curb corruption at all the levels of public life saw the establishment of various anti-graft agencies which has even outline his administration of Alhaji Musa Yaradua. Background to the Establishment of the E.F.C.C The history of corruption in Nigeria is strongly noted. In the twenty nine years of military rule out 47 years of her state hood. Since 1960, successive military regime subdued the rule of law, facilitated the wanton looking of the public treasury, decapitated public institution and instituted secret and opaque culture in the running of government business. The result was total insecurity, poor economic management, abuse of human right, ethnic conflict and capital flight. However, this is not to say it was only the military head of state that engaged in corrupt practices, the country’s civilian government had indulged in one form of corrupt practice or the other (Ribudu 2014). Prior to 2013, when Economic and Financial Crime Commission was established, Nigeria had lost billions of naira to corrupt public officials. This is not withstanding the various laws and decrees against corruption, as well as tribunal and agencies and to prosecute offenders. The Murtala/Obasanjo administration promulgated corrupt practice decrees of 1975 and public officers decrees No 5 of 2007 the Buhari administration (1984-85) initiated the war against indiscipline while Babangida regime came up with corrupt practice and economic decrees of 1996 and 2010, the Abacha regime institution, corrupt practices and economic (prohibition) decrees. The 1979 constitution made provision for code of conduct Bureau which the 1999 constitution retained to abolish all corrupt practice and abuse of power. The 1999 constitution established code of conduct bureau for public officers to make responsible, devoted, honest and objective in the discharged of their duties. According to section 6 and 8 at the fifth schedule part (1) of the 1999 constitution, the code of conduct tribunal was put in place to try and punish officers who violates the law or code of conduct. Furthermore, the criminal code section 98 of 115 and panel code of the 1999 constitution of federal republic of Nigeria provided punishment for people found of bribery and corruption. The flight against corruption and waste in the public service was one of the programme of the Obasanjo’s administration (1999- 2007) in the pursuit of those objective of his administration establish anti-graft agencies and Independent Corruption Practices and other related offences Commission (ICPC) and Economic Financial Crimes Commission (EFCC) in 2000 and 2013 respectively, Ribadu (2014:8). The EFCC is an inter-agency board drawn from all the Nigeria law enforcement agencies (NLEA’S) and regulations. 1.2 Statement of the Problems Corruption is very prominent in Nigeria and hence, the study on corruption as a social phenomenon is imperative because it is the central problem of the human society. In 2007 , the Transparency International (TI) the world’s leading non-governmental organization fighting corruptions using Corruption Perceptual Index (CPI) ranked Nigeria as most corrupt country in the world (Galtun 1998:107) while in 2001, it reported using the CPI, rate Nigeria as the second to the most corrupt countries and the world after Bangladesh. Thus, no discussion on problem and challenges facing any political or economic process in Nigeria can be considered exhaustible without tracing the problem to corruption and financial recklessness. These two phenomenon has been general accepted and the concern that threatens to destroy the fabric of the Nigeria socio -economy and economic system, and that was why, recently the British government claimed that 55 percent of the corruption in Nigeria is perpetrated in high quarter’s Uzor (2019:2). Furthermore, in line with the above assertions Ikejiani Clark (2014:139:145) and in other incident reported by news watch magazine in 2001 opined that no fewer than 31 local government chairman from different parts of the country were either under investigation, impacted or on suspension for various forms of financial corruption (FRN 2013:109). According to the report by the human right watch, the chairman of ICPC, Justice Emmanuel Ayoola on issues concerning state and local government corruption. He affirmed that corruption at all levels of government is rampant, why the chairman of EFCC also spoke in the affirmative that conduct of many state and local government officials in Nigeria is not even corrupt rather its gangsterism, its organized. In summary, the vast increases in local government funds both internally generated and fund from the federation accounts has not lead to progress in combating poverty, under development, successful realization of access to good education, pipe-born water, good health care facilities etc. At the local and state government Enugu in Enugu state. The study will unveil the various definite anti-graft war of EFCC in local government areas in Enugu state and will also address the following problems: What are the EFCC documentation incidence kinds and forum of corruption in Enugu state government? How has corrupt hampered or inhibit the level of development in Enugu state government? To what extent has the economic and financial crime commission (EFCC) gone in curbing corruption practice in Enugu state? What are the ways of improving the operation of the (EFCC) towards efficient anti-graft war in the Nigeria state government and its local government as well the economy? 1.3 Objectives of the Study The board objective of the study is to examine the role of antigraft agencies in fighting corruption with reference to the Economic and financial crimes commission. The specific objectives of the study are as follows: 1. To examine whether the anti-graft agencies in Nigeria have succeeded in convicting the past political found guilty of corruption. 2. To determine whether Nigeria anti-graft agencies are serious in fighting corruption. 3. To ascertain whether the anti-graft agencies in Nigeria fight corruption selectively. 1.4 Research Questions The following research questions were drafted: 1. Have the anti-graft agencies in Nigeria succeeded in convicting the past politicians found guilty of corruption. 2. Are the anti-graft agencies in Nigeria serious in fighting corruption? 3. Do the anti-graft agencies in Nigeria fight corruption selectively?
1.5 Research Hypotheses The following research hypotheses were drafted from the objective of the study; H1: The anti-graft agencies in Nigeria have not succeeded in convicting the past political found guilty of corruption. H2: Nigeria anti-graft agencies are not serious in fighting corruption. H3: The anti-graft agencies in Nigeria does fight corruption selectively. 1.6 Significance of the study Essentially, this work seeks to serve as a step towards understanding the various incidences, forms and kinds of graft and its effects in administration effectiveness development and the general well-being of the Nigeria populace, essentially at state and local government levels. However, this research will be graft help to administrations, government, political policy maker the economic and financial crime commission and other anti-graft agencies in Nigeria, more so, this work will also serve as secondary materials to would be researcher on a related topic and to students of social science and administration and local government in particular. 1.7 Scope of the Study The research is on anti-graft war in Nigeria, a critical review of the operations of the EFCC in fighting corruption. The research reveals the various forms of corruption has hampered or inhibit development in the state as well as in Enugu state. 1.8 Limitations of the Study This includes the fact that the researcher could not visit all the state government in Nigeria. Its inability to reach all its coverage but limits it to the EFCC operation in Enugu state obvious limitation on the study. Secondly, the research could not access some desired detailed information for the EFCC official because the document are considered clarified. However, despite these catalogues of barriers and limitations, the researcher made frantic efforts in accessing vital information from council sources to carrying this research in order to proffer generalized recommendations that can be applied and utilized in other local government in Nigeria. Also time constraints have also been a limiting factor in undertaking this study. The availability of time and the short period study made it difficult for the researcher on the issues and at the same time carrying out other academic activities successfully without running into difficulties. 1.9 Definition of the Terms • Clarification of Key Concepts: For the purpose of the research work the following concepts are being clarified. • Graft: Graft like several social science concept defines one strength forward definitions. The social science encyclopedia (2014) sees corruption as perversion of abandonment of standard. The African union convention on preventing and combating corruption and related offences, life acts of corrupt to include: The solicitation or acceptance, directly or indirectly by a public official or any other person such as gift favour, promise or nay of goods or granting, directly, indirectly to public official or any other persons for the purpose of objecting benefits for himself or herself. • Local Government: Many definitions exist on what local government is, Den Igwe (2010:15) perceived local government as the part of government of a nations or state which deals with matter of concern to the people in particular place. This established the fact that the local governments are created to ensure that the needs of people at the specific local areas are met. Moreover, for the purpose of this work we shall adopt definition from the guidelines for local government reform of 1976 as follows: Government at the local level or grass- root level exercise through a representative council established by law to excise specific powers and function within defined areas.
THE ROLE OF ANTIGRAFT AGENCIES IN FIGHTING CORRUPTION (A STUDY OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION)
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