Factors Militating Against Anti-Corruption War Under President Muhammad Buhari Administration 2015-2021
Chapter One
Objectives of the study
The main objective of the study is to examine the factors militating against anti-corruption war under president Muhammad Buhari administration (2015 – 2021). The following are the specific objectives of the study:
To determine the causes of corruption in Nigeria.
To ascertain the impact of corruption on the economic growth and development in Nigeria.
To carefully determine the effectiveness of the Anti-corruption Agencies– ICPC and EFCC in combating corruption in Nigeria under the Buhari Administration.
To determine the functional differences between ICPC and EFCC in the fight against corruption in Nigeria.
To identify the possible problems militating against the effective fight against corruption by the two Anti-corruption commissions in private and public institutions in Nigeria under Buhari administration.
CHAPTER TWO
LITERATURE REVIEW AND THEORETICAL FRAMEWORK
The concept of corruption
Section 2 of the ICPC Act 2000, defines corruption to include bribery, fraud and other related offences but in its simplest terms, it means the abuse/misuse of power or position of trust for personal or group benefits (monetary or otherwise) Okereke (2018:3).
Corruption exists in every nation of the world. What is different is its degree, mode, fashion and dimension. We need not worry about when corruption began and where it began. Corruption has been part of human civilization/development.
The Oxford Advanced Learners Dictionary defines corruption as: “dishonest or illegal behaviour, especially of people in authority”. It further states that it is, “the act or effect of making somebody change from moral to immoral standards of behaviour”.
This definition reveals that the concept of corruption goes beyond mishandling of monetary or financial items for personal or individual gains. Corruption permeates culture, tradition, values and orientation. Corruption has touched and perverted every determined effort at sustaining social and economic services all over the world.
In Nigeria, corruption had existed in our local communities even before the advent of colonial administration. The arrival of colonial administrators, the use of surrogates and the adoption of the policy of indirect rule, formally institutionalized corruption in Nigeria, ( Bakare 2018:2).
In order to achieve their economic and political interest, misfits and purported community heads and representatives were used against the people they represented. The post-colonial era also witnessed these cream of people entrusted with management of public office. The level of mismanagement of public property attracted and gave rise to the intervention of the military through series of coups and counter coups, all promising to restore the dignity of public service and deliver the primary essence of government. They also failed and the mismanagement continued. Nigeria became a fertile ground for self-serving public officers who took undue advantage of their positions to get rich. The citizens quickly began to lose confidence in the Nigerian State in terms of provisions of social and economic welfare. Public property was therefore perceived and seen as nobody’s property. The decay was deep-rooted and aggravated by instability of government policies. Transparency and accountability in government played the second fiddle.
Corruption is as old as human existence on planet earth. The phenomenon called corruption has many forms or classifications to wit: supportive corruption; transactional corruption; extortive corruption; traditional and modern corruption; traditional and modern corruption; local, national and international corruption; or representational corruption and grand and petty corruption, respectively (Oladele, 2017). However, the term “corruption” is not defined in the global instrument on the fight to prevent and control corruption at international, regional and national levels. Nevertheless, the word corruption as defined by the Transparency International (TI) is “the abuse of entrusted power for private gain”. According to the Black’s Law Dictionary, (2009) corruption is defined, “as the impairment of a public official’s duties by bribery”. Indeed, of these two definitions, the one given by TI looks more encompassing because a look at the said global instrument on anticorruption fight shows that the preventive measures entitled “preventive anti-corruption policies and practices” covers both public and private sectors, respectively. However, the word “public officials” used in the Black’s Law Dictionary, is also used in the global instrument, that is, the United Nations Convention Against Corruption (UNCAC) and it denotes “any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority; any other person who performs a public function including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the area of law of that State Party; any other person defined as a ‘public official’ in the domestic law of a State Party.
To this end, this study intends to dwell on the arsenal, that is, government enunciated policies, legal and regulatory frameworks created and used to fight against corruption in Nigeria with a view to determining their capacity and level of compliance with treaty obligation. Also, this study will assess the nature of casualties, that is, persons arrested and prosecuted and the level or status of victories recorded in the anti-corruption war under President Muhammadu Buhari administration, so far.
Policies, legislative and institutional frameworks deployed in the war against corruption by the federal government of Nigeria.
The criminal justice system in Nigeria provided for the prevention and prosecution of criminal offences. (Babalola, 2017) These include corruption and other crimes by different institutional bodies. This was before the establishment of the specialised anti-corruption agencies like the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC), to deal with cases of economic and financial crimes, and corruption in Nigeria. Of these two anti-corruption agencies, arguably, it is the ICPC which is statutorily saddled with the functions to prevent, investigate and prosecute corruption related cases – even before such corrupt practices and/or tendencies could take place in any public office.
CHAPTER THREE
GENERAL BACKGROUND OF THE CASE STUD
The brief history of the two antigraft agencies (ICPC and EFCC)
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) is the apex body saddled by law with the
responsibility to fight corruption and other related offences in Nigeria. It was set up and empowered by the Corrupt Practices and Other Related Offences Act 2000. ICPC was inaugurated on the 29th of September 2000 with a Chairman and 12 Members. Section 3(14) of the Act ensures the Independence of the Commission is not being subject to the direction or control of any person or authority. In a related development, EFCC was inaugurated on 14th December 2002.
Missions of the two antigraft commissions
The missions of the two commissions are to employ all available legal means to rid Nigeria of all forms of corruption and thus promote transparency, probity, accountability and integrity in the public and private life of all Nigerians, while the visions are to be the foremost agents of change in the war against corruption and corrupt practices in the polity and thereby restore Nigeria to the enviable status of respect, dignity and honour within the comity of nations. In a related development, the ICPC mandate is to:
Banish Impunity for Corrupt Practices and Other Related Offences. ii) Prevent Corrupt Practices and Other Related Offences through: System Study and review, Education, Public Enlightenment and Public Mobilization (ICPC ACT 2000).
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
Introduction
In this chapter, the data collected for the study were statistically analyzed. Among the procedures for the analysis are the uses of frequencies for the demographic variables. Means, standard deviations, standard errors and t-tests, were the necessary tools used to compare the responses got from ICPC, EFCC and other sundry individuals. Chisquare is required in the test of independence of association between variables. Each of the section of the questionnaire is analyzed separately and the related hypothesis is tested for each section.
CHAPTER FIVE
DISCUSSION OF RESULTS, SUMMARY OF MAJOR FINDINGS, CONCLUSION AND RECOMMENDATIONS
DISCUSSION OF RESULTS
In this chapter the result of the data analysis in chapter four are discussed.
In this study, the factors militating against anti-corruption war under President Muhammad Buhari administration (2015-2021). Five hypotheses were raised in the study. The first was to assess the causes of corruption in Nigeria. Also effort was made at determining the impact of corruption on the economic growth and development in Nigeria. The effectiveness of anti-corruption agencies in combating corruption in Nigeria was also determined. The assessment of the functional differences between the activities of EFCC and ICPC in combating corruption was also xrayed. Finally, the problems militating against anti-corruption agencies – ICPC and EFCC in fighting corruption in both private and public institutions in Nigeria were examined.
Hypothesis ONE: There is no difference in the level of corruption perpetrated by morally up right groups and the inordinate ambitious group of people in Nigeria. This hypothesis tested differences in the level of corruption perpetrated by morally upright and self contended and inordinate ambitious people caused by greed.
CHAPTER SIX
Conclusion and Recommendations
Summary of major findings
Here, the summary of major findings in the study are provided. The study adopted the survey method. The population of the study was made up of 1200 respondents drawn from various groups such as churches, NGOs, business community, traditional rulers and their subjects, academic community etc. Out of this population, a sample size of 300 personnel was derived. A questionnaire was used for the collection of data for the study. Frequencies, percentages, cross tabulations, means and standard deviations, standard errors, t-test and chi-square tests were the statistical tools used for data analysis.
From the study, the result shows that poor funding and poor working conditions in public offices account for high rate of increase in corruption in Nigeria. Deprivations and/or inadequate remunerations, poor incentives are assessed as other major factors causing corruption. It is also stated that overstaying in office, waiver of laid down rules, instability in government and inconsistent government policies are the other causes of corruption in Nigeria. Misallocation of resources, erosion of social values and morality are also adduced as further causes of corruption.
In a related development, corruption has brought negative consequences like breeding of injustice, mediocrity, poor service delivery. It also further resulted in lopsided and uneven development, brain drain and short life expectancies, ethnic militia, civil agitations and unrest.
Furthermore, there is increased rate of crimes and violence. To enhance effectiveness of ICPC and EFCC in tackling of corruption, there is need to ensure that there is adequate legal constitutional backing and review of the laws establishing the two commissions from time to time. There should be no government or political interference on the two commissions’ activities. Adequate funding, logistic support and high level of co-operation from all and sundry are needed. It was also stated that there are specific assigned duties peculiarly done by either ICPC or EFCC. Stoppage of financial crimes, Cybercafé Crimes are mainly done by EFCC while stoppage of morally related crimes, that is predominantly non-financial crimes are carried by ICPC.
Conclusion
From the implication of the study, there is strong evidence that many available factors like poor funding, poor working environments, deprivation and poor incentives all tend to fuel the level of corruption in Nigeria. It is also stated that overstaying in office, waiver of laid down rules and instability in government coupled with inconsistent policies all aggravated corruption in Nigeria.
The fallout of this monumental corruption tends to cause brain drain, apathy, uneven developments and injustices in different dimensions.
The evidence that people with mundane behaviours, inordinate ambitions due to avarice and quest for material prosperity tend to aggravate corruption is vehemently buttressed.
Also the negative impact of corruption on economic growth and development of the country is being condemned from many respondents as such corruption has brought poverty, reduction in Gross Domestic Products (GDP), Gross National Products (GNP), unemployment, uneven developments and general backwardness. EFCC has not more operational strategies to fight corruption than ICPC. On the overlapping functions of ICPC and EFCC in fighting Corruption in Nigeria, there are areas of overlapping in the functions of the two commissions.
There are also factors like politics, government interference, logistics, poor funding, all these tend to mar the effective operations of the two commissions in their fight against corruption in Nigeria.
Recommendations
There is urgent need for attitudinal changes by Nigerians on the need to imbibe the philosophy of having good quality behaviours, good characters, leaving legacies rather than developing the habits of get-rich-quick syndrome. Martin Luther Junior of America died at the age of 39 and America is still observing public holidays for him because of his legacies.
Nigeria is our dear country and “there is no other country for Nigerians and that we must stay together to salvage it” according to Muhammadu Buhari is an adage that must be put into practice through evidence of corruption eradication, so that economic growth and development of the country will be achieved.
The effectiveness of ICPC and EFCC, in averting corruption can be enhanced if all hands are on deck to reduce this monster – called corruption. More radical strategies to stop corruption ought to be formulated and implemented. There should be espirit de corp, that is team work ,by all and sundry in the fight against corruption. On the issue of overlapping functions, it was discovered that there are many unique functions performed by either EFCC or ICPC. However, there are some areas of overlapping functions and it is recommended that, there should be clear – cut functions of the two commissions so as to ensure unity of command and unity of objectives in the fight against corruption.
There should be overhaul and reforms to critically look into the problems militating against the functions of the two commissions to make them more efficient and effective in the fight against corruption in Nigeria.
The feat achieved by EFCC like in August 2018 when the commission arrested former National Deputy Chairman of PDP in Lagos, Bode George with four others, who were arraigned on 163count charges of conspiracy, disobedience to lawful order, illegal award of contracts worth N84 billion when he was the chairman of Nigerian Ports Authority (NPA) is commendable. Later, Bode George was found guilty and sentenced to jail for 30 months. An attempt was made to extradict former FCT Minister Mallam E1 – Rufai from USA to face charge.
(3) The return to Nigeria Police force of insurance benefits that were part of N17 billion recovered from former Inspector General of Police (IGP) – Mustafa Balogun is also another area of success by EFCC. According to the Chairman of EFCC, Farida Waziri, 200 cases are pending in court. Efforts are on the way to prosecute former governors: Peter Odili (Rivers), Bola Tinubu (Lagos), Ayo Fayose (Ekiti), Joshua Dariye (Plateau), Saminu Turaki (Jigawa), Jolly Nyame (Taraba) etc on charges of corruption. Others are contract scam of N6 billion rural electrification leveled against senator Nicholas Ugbanae according to Amodu (2010:15-16). All the above achievements by EFCC to mention but a few, are to show that if all the problems militating against the functions of EFCC or ICPC are tackled holistically, the nation will become a model, a giant of Africa indeed, in action, in prudent financial management of her resources and above all, Nigerians will be benefiting from all the endowed human and natural resources and Nigeria will be shinning like a sun among the comity of nations.
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