Effect and Causes of Corruption in Nigerian Public Service
CHAPTER ONE
OBJECTIVES OF THE STUDY
The main objective of this study is to investigate and illustrate how upholding the rule of law is a prerequisite to curbing corruption in Nigeria.
- Effects of corruption on good governance and the effectiveness of the rule of law as an anti- corruption strategy.
- the various facets of corruption and the role of the available mechanisms to curb the scourge. The survey is made in a bid to appreciate the extent, the failure to uphold the rule of law, in spite of the existence of some of these mechanisms, jeopardizes the fight against corruption.
CHAPTER TWO
LITERATURE REVIEW
Conceptual review
Corruption
The term corruption does not have a universally accepted definition. Several views have been put forward, standpoints and framework about the concept. Corruption embraces a broad spectrum of activities ranging from fraud, embezzlement to bribery, among others. Etymologically, Waziri (2010) explained that the word “corruption” comes from the Greek word “corruptus” meaning an aberration or we may say a misnomer. It has been defined by different scholars while others describe it using different terminologies. Dada (2014) claimed that “corruption is a concept that is difficult to define because of its multi-dimensional and multi-disciplinary nature. One definition is therefore not sufficient to appropriately describe the concept.” For instance, the Corrupt Practice and Other Related Offences Act, (2000) section (2) defines corruption to include bribery, fraud and other related offences (FGN, 2000). Corruption is further defined as any action or commission enacted by a member of an organization, which is against the rules, regulations, norms, and ethics of the organization and the purpose of which is to meet the selfish end of the member (Azelema, 2002). Olaniyan (2002) defines corruption to include bribery, fraud and dishonesty, which is capable of destroying or perverting the purity of societal well-being.
Also, according to McShane and Nilsson (2010) corruption “is when a holder of public office motivated by private gain gives preferential treatment that is not officially approved.” Closely related to Mcshane and Nilsson (2010) definition is that of Dong (2011) who explained that “public sector corruption means misuse of public office for private benefits.” In all of these, the most prevalent and commonly used definition of corruption is that provided by Transparency International and World Bank. Transparency International defined the term as “the abuse of entrusted power for private gain”, while World Bank defines corruption as the abuse of public office for private gains (World Bank, 2006). Public office is abused through rent seeking activities for private gain when an official accepts, solicits, or extorts a bribe. Public office is also abused when private agents actively offer bribes to circumvent public policies and processes for competitive advantage and profit. Public office can also be abused for personal benefit even if no bribery occurs, through patronage and nepotism, the theft of state assets or the diversion of state resources Therefore, corruption can simplistically define as the use of public office or official position to obtain private or personal gains.
Public Service
Public service is loosely defined by Peter (2016) to mean the collectivity of specialized government institutions or agencies established by law, financed by public money and staffed by professionals and career bureaucrats for the purpose of executing public policies. For Ezeani (2006) public service is much broader than the term civil service as the former (Public service) refers to the totality of services that are organized under public (that is government) authority. Simply put, public service is a body or department in the executive arm of government with the responsibility to assisting in the planning and implementation of government policies. It comprises ministries, agencies, parastatal, corporation and such like. Since it is institution established to deliver essential services to the people, it is non-profit-oriented. According to Peter (2016) public service is a trust. Therefore, the citizens expect public servants to serve public interest with fairness and to manage public resources properly on a daily basis.
Forms of Corruption in Nigerian Public Service
Although public sector corruption is perceived differently from one territory and geographical location to another, the following behaviors are regarded as forms of public sector corruption in Nigeria: acceptance of gratification; succumbing to inducement and undue influence; embezzlement; conflict of interests, for example, the award of contracts by pubic office holders to cronies, family members, and personally held companies; bribery; fraud; nepotism and tribalism in recruitment/appointment, promotion; kickback on contract; rigging of elections; misappropriation and conversion of public funds for personal gains; procurement scam; leaking tender information to friends and relations; diversion and misappropriation of funds through manipulation or falsification of financial records; payment for favorable judicial decisions, and so on (Azelama, 2002; Ijewereme, 2013; Waziri, 2010).
Corruption in the Nigeria Public Service
Corruption has proved to be one of the problems seriously confronting Nigeria since the return to civil rule in 1999. In fact, considering various cases of financial corruption being perpetrated in governance since 1999 till date, we can categorically say that corruption has actually been institutionalized in the country. This is so because institutions of government bribe legislatures in order to pass budgets of their organization and ministries collect bribe before contracts are awarded, politicians give money to electorates to vote them into power, contract inflation, lecturers collect money from students before they can pass examination. The dimensions of corruption are so numerous that this paper will not be able to exhaust. This therefore means that the negative impact of corruption is also countless and this has inadvertently affected the political, economic and social development of Nigeria.
The First and Second Republics in Nigeria came to an abrupt end because of corruption. During this period, people in ministries, departments and agencies of government in the First Republic stole funds and there was no policy position to stamp out corruption menace in the country. The 1964 and 1965 elections witnessed rigging by the Northern People’s Congress (NPC) (Ajayi, 2008). The party in power (NPC) went against electoral guidelines and procedures and that caused the failure of other political parties most especially Action Group (AG). This led to the rejection of the outcome of the election culminating in widespread violence and outright destruction of lives and property especially in the Western part of the country. According to Ijewereme and Dunmade, (2004) corruption, massive rigging of the elections, arson, killing and violence in the Western, were reasons why the middle-ranked army officers staged coup to sack the Nigerian First Republic politicians from power in January 15, 1965.
CHAPTER THREE
THE IMPACT OF CORRUPTION ON GOVERNANCE AND RULE OF LAW IN NIGERIA
The administrative facet of corruption
Public service is expected by law to be efficient and impartial and to act with integrity. The politicisation of the African public service has been an impediment to ethics, diluted professionalism and generated mediocrity. The public service in Nigeria for example has been undermined by patronage, partiality and political interference in decision making as well as alleged irregular recruitment, appointments and promotion process. Some civil servants take as long as 10 or 15 years to be promoted. Instead, their juniors with political connections are regularly promoted. For instance, ‘the recruitment of officers in the police force and the Nigeria Wildlife Service (KWS) is alleged to have been on basis of tribalism, nepotism and favouritism without regard for the law. The revelations of corruption in the recruitment of KWS staff led to cancellation of the exercise and suspension of the director, and the police recruitment was cancelled and repeated after some months under a lot of scrutiny’.
Irregular and Improper appointments of incompetent and unqualified people has undermined service delivery in local authorities in Nigeria. For instance, the Nairobi City Council, there have been claims that retired, deceased or even non-existent staff are kept on the payroll fraudulently by officials who pocket their salaries. The United Naions Committee Human Development and civil servants’ union called for a crackdown on what it said were more than 20,000 ghost workers, contributing to a budget overrun of 600billion kwacha (£80m, $132m). Similarly, the Nigerian civil service almost ground to a halt in 2003 in search for ghost workers.
According to the findings of the UN Committee on Human Development and Civil Society, the declining professional standards globally are primarily intensified by gratuitous disregard for ethical practices of accountability by public managers and civil servants and ethical deficit. Lack of professionalism in the public service leads to frustration on the part of the few honest public servants to the extent they even emigrate. According to the Centre for Global Development there were for instance 11657 Zambian health professional emigrants in the year 2000 due to frustration with the inefficiency and lack of transparency of the state institutions. Consequently the migration of doctors and nurses from Africa to rich countries has raised fears of an African medical brain drain. The brain drain is catalysed by a pursuit for greener pastures especially when professionals are not compensated commensurate to their worth mainly as a result of corrupt practices that continuously enrich a few to the detriment of the general public. This has serious adverse effects on the local economies with qualified professionals after garnering cost intensive training in local institutions, emigrating to developed countries without sufficient contribution to their countries. Nigeria has experienced massive brain drain particularly with regard to engineers, teachers and health professionals citing inter alia frustration over rampant corruption in securing government employment.
CHAPTER FOUR
TOWARDS ENHANCING THE RULE OF LAW IN NIGERIA: THE NEED FOR STRONG ANTI-CORRUPTION INITIATIVES
4.1 Introduction
The principle of the rule of law is premised on the understanding that governmental authority and powers are legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. According to Dicey there are three principles which together establish the rule of law: ‘the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts, and the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts.’ The written laws and principally the constitution seek to restrain state power in order to protect citizens from arbitrariness. Such restraint is guaranteed by the principle of separation of powers which ensures there are checks and balances among the three arms of government namely the executive the legislature and the judiciary.
The executive is expected to perform its functions according to the constitution and as such where there is inconsistency in its actions, the judiciary and the legislature are called upon to adjudicate and intervene. The judiciary through the courts should be independent and enforce the rule of law and rule under the law. However such independence is not absolute and officers of the courts are dictated by a code of ethics, integrity and accountability to the legislature.
The legislature on the other hand, as a constituency of the peoples’ representatives is answerable to the citizens through the ballot box. The judiciary should also ensure the legislature is accountable to the citizenry. Therefore the strings of accountability are interlinked forming pillars that strengthen each branch of government. Such
Kututwa (n 1 above) 293. pillars of accountability include but are not limited to a judicial system, a free and independent media, a vibrant civil society, a visible public service, and effective anticorruption agencies.
It is generally expected that modern governments should have a system of administration that promotes public interest and fosters accountability. The AU Anti-Corruption Convention prescribes that state parties shall abide by principles of accountability and transparency. Accountability entails efficiency and openness in state transactions that places the interests of the citizens before individual whims and goals. This calls for a reinforcement of the institutional framework and capacity with overlapping institutions of accountability. According to Diamond, the approach entails three facets namely, horizontal accountability by which some agencies of government scrutinize and check others; vertical accountability by the electorate and civil society; and external accountability in the form of vigorous international scrutiny and support.
This chapter appraises the effectiveness of the rule of law and good governance in curbing corruption generally. Using Nigeria it then evaluates mechanisms that would uphold the rule of law and in effect curbing corruption. The mechanisms under review here are limited to four areas where there is public involvement namely, public service, anti-corruption agencies, the judicial system, the media and civil society organisations (CSOs). The chapter will focus on their complementary role to existing anticorruption strategies in an effort to provide a framework for those seeking to design policy on the rule of law as an anti-corruption strategy.
CHAPTER FOUR
TOWARDS ENHANCING THE RULE OF LAW IN NIGERIA: THE NEED FOR STRONG ANTI-CORRUPTION INITIATIVES
Introduction
The principle of the rule of law is premised on the understanding that governmental authority and powers are legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. According to Dicey there are three principles which together establish the rule of law: ‘the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts, and the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts.’ The written laws and principally the constitution seek to restrain state power in order to protect citizens from arbitrariness. Such restraint is guaranteed by the principle of separation of powers which ensures there are checks and balances among the three arms of government namely the executive the legislature and the judiciary.
The executive is expected to perform its functions according to the constitution and as such where there is inconsistency in its actions, the judiciary and the legislature are called upon to adjudicate and intervene. The judiciary through the courts should be independent and enforce the rule of law and rule under the law. However such independence is not absolute and officers of the courts are dictated by a code of ethics, integrity and accountability to the legislature.
The legislature on the other hand, as a constituency of the peoples’ representatives is answerable to the citizens through the ballot box. The judiciary should also ensure the legislature is accountable to the citizenry. Therefore the strings of accountability are interlinked forming pillars that strengthen each branch of government. Such
Kututwa (n 1 above) 293. pillars of accountability include but are not limited to a judicial system, a free and independent media, a vibrant civil society, a visible public service, and effective anticorruption agencies.
It is generally expected that modern governments should have a system of administration that promotes public interest and fosters accountability. The AU Anti-Corruption Convention prescribes that state parties shall abide by principles of accountability and transparency. Accountability entails efficiency and openness in state transactions that places the interests of the citizens before individual whims and goals. This calls for a reinforcement of the institutional framework and capacity with overlapping institutions of accountability. According to Diamond, the approach entails three facets namely, horizontal accountability by which some agencies of government scrutinize and check others; vertical accountability by the electorate and civil society; and external accountability in the form of vigorous international scrutiny and support.
This chapter appraises the effectiveness of the rule of law and good governance in curbing corruption generally. Using Nigeria it then evaluates mechanisms that would uphold the rule of law and in effect curbing corruption. The mechanisms under review here are limited to four areas where there is public involvement namely, public service, anti-corruption agencies, the judicial system, the media and civil society organisations (CSOs). The chapter will focus on their complementary role to existing anticorruption strategies in an effort to provide a framework for those seeking to design policy on the rule of law as an anti-corruption strategy.
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
Conclusion
This dissertation has argued that the rule of law is a prerequisite and vital tool in curbing corruption. Upholding the rule of law is part of a holistic anticorruption approach that can contribute to the fight against corruption and economic crimes in Africa. Indeed, good governance calls for a responsive governmental and administrative framework where law and good governance prevails. While corruption has certainly impacted negatively upon good governance and the rule of law, it is the collapse of the rule of law and the failure to uphold its standards and tenets that has created fertile grounds for corruption. The fight against corruption therefore, must commence with the implementation of standards and principles of the rule of law.
The study has shown that corruption results in dysfunctional legal systems where to the extent governance institutions loose legitimacy. An effective strategy against corruption therefore must begin with a demonstration of political will and publicly supported leadership for the rule of law and against impunity. Without it government statements to reform public service, strengthen transparency and accountability and reinvent the relationship between government and private sector industry remains mere rhetoric. Political will is an integral catalyst in the establishment of rule-based governance and is a central component of efforts to initiate and sustain public service and judicial reform. Indeed African leaders have committed through the NEPAD African Peer Review Mechanism (APRM) to assess their performance.
Developing Countries’ in Corruption and Integrity Improvement Initiatives in Developing Countries (UNDP 1998) against a number of internationally agreed codes and standards. It is hoped they will rely on the UNCAC and the AU Anti-Corruption Convention as some of the guiding principles in the respect for democratic principles, human rights, rule of law and good governance.
Recommendations
Upholding the rule of law as advanced in previous chapters would address most of the issues that call for concerted efforts to root corruption effectively in Africa. However, a few recommendations particularly for the case of Nigeria demand reiteration. There is need for instance legislation that will protect whistleblowers and give them incentives to disclose official wrong doing that seriously harms public good. Whistleblowers laws that enforce and reward ethical behaviour complements and reinforces the work of officers responsible for enforcing ethics in government and in the private sector. The support of the Witness Protection Bill 2006 will enforce public and private accountability in Nigeria. As an administrative early warning, an effective whistleblower law would probably have prevented the Goldenberg scandal from spiralling into the grotesque scandal it eventually became.
Access to public information in Nigeria, needs to be guaranteed through the law. Such law should facilitate the release of unclassified information by government departments and agencies on request. It is in the public interest that the media highlight corruption and other cases of malpractice perpetrated by the public officials. Without the media, economic crimes such as the Goldenberg and Anglo-leasing would never have come to light. Without an enabling law on access to information, the media is grope in the dark at the risk of libel and defamation charges. This intimidates the media into sycophancy. An Access to Information Act would greatly enhance the rule of law in Nigeria.
There is need for legislation to protect whistleblowers and encourage them to disclose official wrong doing that seriously harms public good. Whistleblowers laws that enforce and reward ethical behaviour complements and reinforces the work of officers responsible for enforcing ethics in government and in the private sector.290 The support of the Witness Protection Bill 2006 will enforce public and private accountability in Nigeria.
Although Nigeria has a Public Procurement and Disposal Act enacted in 2005, its effects are yet to be appreciated as it is yet to be implemented.[1] With the exposure of the gravity of corruption in the public procurement in the Anglo-leasing scandal, this piece of legislation is long overdue. Although the entities are public institutions, it does not state certainly that all procurement records are public. It is imperative that the effectiveness of the entire procurement process be streamlined to enhance its transparency.
Finally, the international community can assist alleviate the root of corruption in Africa tracking down money looted by corrupt African leaders in foreign banks accounts and send it back to the country from whom was stolen. This will be a clear deterrent to the current and future leaders that they will not be allowed to benefit from the accumulation. Developed nations should also cooperate with African nations to improve financial systems requisite in detecting financial impropriety, irregularities and when funds in a bank account have been acquired illicitly.
References
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- Commonwealth Secretariat Expert Group Report (2001) Fighting corruption, promoting good governance Commonwealth Secretariat:
- Dicey AV (1959) Law of the constitution Macmillan: London.
- Dicey, AV (1982) Introduction to the study of the law of the constitution. Indianapolis: Liberty Fund.
- Institute for Security Studies (2004) Handbook on comparative analysis SADC Protocol against Corruption (2001) AU Convention on Preventing and Combating Corruption (2003) UN Convention against Corruption (2003) Institute for Security Studies: Cape Town.
- Kibwana K et al. (eds) (1996) The Anatomy of Corruption in Nigeria Claripress: Nairobi.
- Kututwa N (2005) African anti-corruption commitments: A review of eight NEPAD countries Africa Human Security Initiative: Pretoria.
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- Sihanya, B (ed) (2005) Control of corruption in Nigeria: Legal-political dimensions, 2001-2004, Claripress: Nairobi.
