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Anti-Corruption In Nigeria: The Economic And Financial Crimes Commission (EFCC) Experience

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Complete Anti-Corruption In Nigeria: The Economic And Financial Crimes Commission (EFCC) Experience Project Materials (Chapters 1 to 5):

ABSTRACT

Over the years the reputation of Nigeria and Nigerians alike have been dragged in the mud as a result of the high level of corruption from both within and outside her shores. Efforts have been made by the Obasanjo administration to redeem the image through it anti-corruption policies that resulted in the establishment of the EFCC. This work analyses the success, failures, factors that stand as blockage to the performance of the duties of the commission, which include establishing the fact that the EFCC has been used as a tool of personal vendetta.

 

TABLE OF CONTENT

Title page
Certification
Dedication
Acknowledgement
Table of content
Abstract

CHAPTER ONE:
INTRODUCTION 1
1.1 Background of Study 1
1.2 Statement of Problem 3
1.3 Aims and Objectives 4
1.4 Significance of Study 4
1.5 Review of Related Literature 4
1.6 Scope of Study 9
1.7 Research Methodology 9
1.8 Limitations of Study 9
End Note 10

CHAPTER TWO:
CORRUPTION AND ANTI-CORRUPTION IN NIGERIA
2.1 The pandemic of corruption in Nigeria 12
2.2 Why so much corruption Nigeria? 16
2.3 The effect of corruption in Nigeria 18
2.4 Anti-corruption in Nigeria 20
End Note 23

CHAPTER THREE:
THE EFCC 25
3.1 EFCC Establishment Act 25
3.2 Structure of EFCC 27
3.3 Function of the EFCC 28
3.4 Operation of the EFCC 30
End Note 34

CHAPTER FOUR:
EFCC EXPERIENCE IN ANTI-CORRUPTION
4.1 Success of the EFCC 35
4.2 Failures of the EFCC 39
4.3 The EFCC as a tool of personal vendetta 43
End note 51

CHAPTER FIVE
Conclusion 53
Bibliography 56

CHAPTER ONE

INTRODUCTION
1.1 BACKGROUND OF STUDY
At the eve of independence Nigeria was entering into a period of rapid social and economic transformation. Therefore most Nigerians and non-Nigerians alike were optimistic about her future no one would have predicted that before long, Nigeria with his vast oil reserves will have most of her over one hundred and forty million (140 million) people groan under the burden of armed robbery, kidnapping, religious violence, collapse public infrastructural system, object poverty and devolution of human dignity.
These circumstances are more than any thing else caused by the conduct of public office holders that go a long way in sabotaging the polity, the corroding attribute of corruption, the military contribution on the institutionalization of corruption as a national ethic, the outright theft of the country’s resources and the deep-rooted love of financial scan,1 reducing Nigeria, the sixth largest oil-producing nation in the world with an estimated annual revenue of between twelve and fifteen billion US dollars from oil alone, into a poor country with about seventy percent (70%) of her forty million people living on less than one dollar per day for below the poverty line.
Moreso, is the fact that corruption has dented the image of Nigeria and Nigerians alike in the eyes of international community earning her the ranking as the highest country with the problem of corruption in 1996, 2000 and 2002 by a German based non-profit organization formed to right corruption and Transparency International respectively. Moreso, it presented the identity of our country to foreign nations as evil and for most people the name Nigeria is already associated with corruption.
Although there are many unresolved problems in Nigeria, the issue of the upsurge of corruption is troubling and the damages it is done to the polity are alarming.2 The evil cankerworm of corruption on the Nigeria state and populace as it is, is so visible that even the blind can see it.3
It is against this background that chief Olusegun Obasanjo in his inauguration speech as president in 1999 pointed to corruption as the biggest problem facing Nigeria. He therefore promised Nigerians that his administration would make fighting corruption a major priority in his government. This he demonstrated by sending the anti-corruption Bill to the National Assembly, which established the two major anti-corruption institutions, the Independent Corrupt Practice Commission (ICPC) and the Economic and Financial Crime Commission (EFCC) in 2000 and 2003 respectively.

1.2 STATEMENT OF THE PROBLEM
Nigeria, in spite of her oil wealth and other mineral recourses is listed among the first twenty poorest countries in the world with poor human development index. The causes of this situation can be traceable to the high level of corruption in the country which has over the years been detrimental to the image of the country and if people and has destroyed the edifice called Nigeria from her very economy to religion through politics.
Moreso, Nigeria administrations both past and present have shown an amazing creativity with the culture of aiding and abetting corruption, one would be shocked to discover how much time and energy our leaders spend in creating loopholes to undermine anti-corruption campaign.4
Unfortunately the Economic and Financial Crimes Commission (EFCC), which is the arrowhead in the fight against corruption in Nigeria, has been used as a political tool for the victimization of political opponents, which have dented the image, and credibility of the noble institution,5 while the corrupt big cows are still working freely on the street of Nigeria.

1.3 AIMS AND OBJECTIVES
This work is aimed at analyzing the experiences of the EFCC in the fight against corruption, it success, failures, limitations and suggesting way forward.

1.4 SIGNIFICANCE OF STUDY
The EFCC has had a lot of experience in it fight against corruption; this work will analyze this experience encountered by the EFCC and establish the fact that over time the EFCC has been used as a tool of personal vendetta which is the major setback of the commission. This will lead to the suggestion of possible solution to better operation of the EFCC in its fight against corruption. This solution if applied will result in a more credible anti-graft agency.

1.5 REVIEW OF RELATED LITERATURE
Corruption, according to the encyclopedia Americana, is defined as a “general term for the misuse of public position of trust for private gain”6. In the same line the oxford dictionary defines it as “the dishonest or illegal behavior especially of people in authority”7 these definition tend to look at corruption only in people in authority which is not true of the Nigeria situation.
Titus Momandu in his book corruption in the leadership structure of Nigeria policy connote corruption as “an act of demanding, receiving or obtaining any benefit of any kind either for oneself or any other person on the account of anything done or not done or to be afterward done, in the discharge of ones work or duty”8. I think this definition better explains the Nigeria Situation.
Victor Dike in his article “corruption in Nigeria a new paradigm for effective control” pointed out that corruption is not peculiar to any continent, region or ethnic group, it cuts across faiths, religious denomination and political systems. He went further to state that corrupt practice did not begin today; the history is as old as the world and ancient civilization have traces of them.9 This point tends to attempt to justify the state of corruption in Nigeria as the fact still remains that the magnitude of corruption is not the same in every society some are more corrupt than others.
However, Victor Dike concluded by stating that there are many unresolved problems in Nigeria but the issue of the upsurge of corruption is troubling and the damages it has done to the polity are astronomical. He went further to state that the menace of corruption is so clear that even the mad people on the street recognize his havocs.10
Ruben Abati and Kingsley Osadolor in their article, “Nubu Ribadu: The anti-corruption cop they feared” observed that Nigeria inspite of her oil wealth is a poor country with about seventy percent (70%) of it over 140 million people living far below the poverty line and listed among the twenty poorest countries in the world with low human development index. They went further to identify the conduct of public servants that goes a long way in sabotaging the polity and the military contribution in the institutionalization of corruption as a national ethic as the main cause of Nigeria problem. They concluded by stating that in the circumstances a mechanism of dealing with corruption, the outright theft of the country’s resources and a deep-rooted love for financial scan had become a matter of urgent national importance”11.
Abati and Osadolor although made vital observation tend to posit that corruption dwells only within the government and government establishment alone which is not true, as corruption is present in all works of life in Nigeria.
Titus Mamadu in his book “corruption in the leadership structure of Nigeria polity” posited that the tragedy of the Nigeria situation is due to the activities of our corrupt leaders, politicians and business men alike has made the nation a laughing stock even at international scene, he went further to state that corruption has destroyed the edifice called Nigeria from her very economy to religion through politics which has led the nation to a crumbled state characterized with anarchism, dictatorship, fraudsters, embezzlement, armed robbery, treasury looting and other litany of crimes.12
Osita Agbu in his article “corruption and human trafficking: The Nigeria case” opines that to say that corruption is rampart in Nigeria is to restate the obvious. However he stated that to say that the democratically elected government of President Olusegun Obasanjo did not recognize this fact or has done nothing about it is false.13
In the same line Chukwuka Eze in his article “combating corruption corruptly: The Nigeria experience” observed that the it would be the height of unfairness for any one to suggest or assume the Obasanjo administration did not set out to wage war against corruption in Nigeria, as right from the onset of the administration, if determination to confront the evil monster of corruption has never been in doubt starting from the anti-corruption Bill to the setting up of the Economic and Financial Crimes Commission (EFCC) in 2003.
However, he went further to state that the “Manner in which the fight against corruption is executed leaves much to be desired”. He concluded by stating that “the idea of using the EFCC as a fool for the victimization of political opponent dents the image and credibility of the noble institution”14
David Ihenacho in his article “Nigeria’s anti-corruption Shenanigan” stated that one will be shock to discover how much time and energy Nigeria leaders tend to invest in creating loopholes to undermine the anti-corruption campaign. He continue that Nigerian administrations both past and present usually show an amazing creativity with the culture of aiding and abetting corruption in the Nation.15
However, Abati and Osadolor posited that although the EFCC has lot of shortcomings these do not in the end detract from the remarkable achievements of the EFCC to a great applause. They continue by observing that if the EFCC were not as worthy. It might never have been able to muster the enormous public support that it had enjoyed.16

1.6 SCOPE OF STUDIES
This work will cover the problems of corruption and the EFCC experience in combating it from the period of 1999 to date. It is within this period that the Anti-Corruption bill was passed which established the EFCC.

1.7 RESEARCH METHODOLOGY
This work is based on the analysis of corruption and the EFCC experience in combating it.
With a review and critical analysis of books, journals and periodicals it is hoped that justice will be done on the topic with the aim of covering the areas yet uncovered.

1.8 THE LIMITATION OF THE STUDY
This work will be limited to the availability of materials in the libraries, lack of funds and limited time allocated.

END NOTES
1. Reuben Abati and Kingsley Osadolor, “Nuhu Ribadu, the anti-corruption cop they feared” http://www.Nigeria.villagesquare.comlAbatiandOsadolor/article.html <http://www.Nigeria.villagesquare.comlabatiandOsadolor/article.html&gt;
2. Victor E. Dike, “Corruption in Nigeria; A New Paradigm for Effective Control”, <http://www.Africaneconomicanalysis.org/Dike.html&gt;
3. Chukwuka N. Eze, “Combating Corruption Corruptly; the Nigerian Experience”, <http://www.onlineNigeria.comb/article/ad/asp. > 27 March 2007.
4. David A. Ihenacho, “Nigeria’s Anti-Corruption Shenanigan” <http://www.Nigeriaworldcolumnist.com/icnacho.html&gt;.
5. Eze N. Chukwuka, “Combating Corruption Corruptly; the Nigerian Experience”, <http://www.onlineNigeria.comb/article/ad/asp/27March2007&gt;
6. Encyclopedia American Vol. 8 P.2
7. Oxford Advanced Learner’s Dictionary Sixth Edition.
8. Titus Mamadu, Corruption in the Leadership Structure of Nigeria Polity: (Lagos Theomadex Ventures 2006). P3
9. Victor E Dike Corruption in Nigeria P1
10. Dike E. Victor P2
11. Reuben Abati and Kingsley Osadolor, “Nuhu Ribadu, the anti-corruption cop they feared” http://www.Nigeria.villagesquare.comlAbatiandOsadolor/article.html <http://www.Nigeria.villagesquare.comlabatiandOsadolor/article.html&gt;
12. Titus Mamadu, Corruption in the Leadership Structure of Nigeria Polity: (Lagos Theomadex Ventures 2006). P12
13. Osita Agbu: “Corruption and Human Trafficking: The Nigerian Case” West African <http://www.africanresource.com/war/vol14/agbo/html&gt; review vol. 4 No. 1, 2003.
14. Chukwuka N. Eze, “Combating Corruption Corruptly; the Nigerian Experience”, <http://www.onlineNigeria.comb/article/ad/asp. 27 March 2007>.
15. David A. Ihenacho, “Nigeria’s Anti-Corruption Shenanigan” http://www.Nigeriaworldcolumnist.com/Ihenacho.html <http://www.Nigeriaworldcolumnist.com/ihenocho.html&gt;
16. Reuben Abati and Kingsley Osadolor, “Nuhu Ribadu, the anti-corruption cop they feared” http://www.Nigeria.villagesquare.comlAbatiandOsadolor/article.html <http://www.Nigeria.villagesquare.comlabatiandOsadolor/article.html&gt;

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