The Anti-corruption Campaign Under President Muhammadu Buhari`s Regime
CHAPTER ONE
Objectives Of Study
The main objective of this study is to examine the adoption of whistleblowing policy as anti-corruption strategy in Nigeria by focusing on its challenges and prospects. The specific objectives include the following:
- To trace the history of anti-corruption war in Nigeria.
- To examine the effectiveness of the whistle-blowing policy in the anti-corruption war in Nigeria.
- To examine the challenges and prospects of whistle blowing policy in Nigeria.
CHAPTER TWO
REVIEW OF LITERATURE AND THEORETICAL FRAMEWORK
Introduction
This chapter is designed to cover the sources and the summary of the reviewed literature as it relates to Corruption and Anti-corruption war policy in Nigeria. In the course of this study data were sourced from secondary sources such as relevant journals, periodicals books in Politics and ethics as well as magazines and newspapers.
CONCEPT CLARIFICATION
Corruption
Several scholars have attempted to define corruption. It should be noted that yet there is no unanimity as to what constitutes corruption among scholars. This is because various scholars emphasize different aspects of the same problem. However, what scholars did not disagree on is the menace that corruption has constituted and the unfavourable effects it has had on various continents, nations and empires.
To start with, the word corruption is derived from the Latin word “rumpere”, meaning ” to break”. This connotes the breaking of normal or societal norms or practices ( Ifesinachi as cited by Onuoha, 2009). Ogundiya opined that corruption in it’s popular conception is defined as the exploitation of public position, power and resources for private gain (Ogundiya, 2009).
According to Ofoeze as cited by Keeper (2011) sees corruption as referring to “any action or inactions of any person, or group (public or private) deliberately perpetrated to secure advantages for oneself, association or group (s), a relation in a manner that deviate from the accepted regulations, morals, and/or ethical standard or code and hence constituting a travesty of justice, equity and fair play”.
According to Salisu (cited by Ngwube and Okoli, 2013), the simplest definition of corruption is that it is the misapplication of public resources to private end. For example, public officials may collect bribes for issuing passports or visa, for authorizing passage of goods at sea/airport, for providing permits and license, for awarding contracts or for enacting regulations designed to create artificial scarcity. Corruption is also seen as “effort to ensure wealth or power through illegal means, private gain at public expense, or misuse of public power for private benefit” (Lipset & Lenz as cited by Keeper, 2011).
Expressing another view, Awopeju (2015:59) opines that corruption like any other form of crime involves the violation of existing laws or norms. Corroborating Awopeju`s view, Werlin cited in Awopeju (2015:59) notes that “if there is no consciousness of legality, there can hardly be a consciousness of corruption because it assumes some forms of legality which are violated. In other words, corruption by its very nature involves the breach of existing laws mostly for monetary gains. From another perspective, Kong (1966) cited in Awopeju (2015:60) defines corruption as “the extraction and acceptance of payment from private entities by public officials, and the private misappropriation and abuse of public funds”. This definition is relatively broad. It covers three sets of corrupt practices: bribery, embezzlement and abuse of public funds, which may include schemes associated with inflated contracts, over-invoicing or under invoicing. Such schemes are used to illicitly transfer public health into “private pockets” through the collusion of officials and suppliers, contractors, or con men and women Awopeju (2015).
Wehmeir(cited in Izibili and Aiya, 2007) defined corruption as any dishonest or illegal behaviour, especially of people in authority. It is that act or effec of making somebody change from moral to immoral standards of behaviour. “In addition, corruption is a behaviour which deviates from the formal duties of a public role, because of private gains regarding personal, close family, private clique, pecuniary or status gains.
In the view of Gboyega, corruption is any decision, act or conduct that subverted the integrity of people in authority or institutions charged with promoting, defending or sustaining the democratization process thereby undermining its effectiveness in performing it’s assigned role (cited in Ojo, 2011).
The ICPC Act (2000) saw corruption as a multi-faceted phenomenon that ranges from the giving and accepting of bribe to other kinds of fraudulent practices. The act wen further to position that corruption covers any illegal use of power by any person (s) for personal or arbitrary purposes.
From the above definitions, three things come out clearly. First is that, corruption is a dishonest act, wicked and bad. As a result, it will be expected that scrupulous people will not be involved in it. Secondly, corruption is seen as immoral and antithetical to the positive virtues of a society. This implies that there should be social disapproval of anyone who engages in corrupt practices. Thirdly, corruption involves an abuse or misuse of position and authority. Any of such abuse is expected to be met with sanctions.
CHAPTER THREE
THE HISTORY OF ANTI-CORRUPTION IN NIGERIA
INTRODUCTION
In my quest to look at corruption and anti-corruption campaigns or policies in Nigeria, it is important that I go back in time to when it all started; in the sixties, after Nigeria gained independence from British colonial rule. This is with a view to see the trends, magnitudes and consequences of corruption from 1960s to the present. Also for an examination of various efforts that governments over the years have inputted in their fight against the menace of corruption in Nigeria. Consequently, this chapter focuses on an historical overview of corruption and anti-corruption campaigns or policies in Nigeria.
Evolution of Anti-Corruption Wars in Nigeria
In Nigeria, historically, the war against corruption could be traced back to the precolonial era. The various precolonial societies had had in place institutions or policies that were pre-set to fight corrupt practices. The Yoruba Alaafin stood to commit suicide or be banished on any event of gross abuse of his office (Ezenwaji 2000:3). This act essentially checked the Alaafin (the head traditional political Yoruba Society) from corrupt practices and he himself was to ensure that his officials were not corrupt. In the Igbo societies, uprightness was the watchword of all the people. Even at this, for fear of any possible abuse of office, the Igbo political system did not repose authority on a single individual.
In the North, the Emir was checked by the collective efforts of his officials against corrupt practices (Nwaodu, 2012:76) The Sharia Laws were the standard for all the faithful including the emir and its punishments abound for corrupt acts. In the early years of the British rule, there were complaints that emirs and chiefs were difficult to trust with money among other corrupt acts and very quickly the administration issued a proclamation on how to deal with it, which was essentially that corrupt officers would have their appointments terminated and go to jail. Detailed accounting and auditing guidelines were also circulated to assist and warn all officers (Falola cited in Mbaku 1998). They were also traditional anti-corruption bodies like the police, and the courts.
However, the weaknesses of these institutions following their infection with the same vice they were to fight made it necessary for the colonial government to device other means of fighting corruption. The level of awareness of the need to combat corruption by the colonial administration was awoken by the motion moved on February 26th, 1952, by the Emir of Gwandu at the floor of the Northern House of Chiefs: That this House, agreeing that bribery and corruption are widely prevalent in all walks of life, recommends that Native Authorities should make every effort to trace and punish offenders with strict impartiality and to educate public opinion against bribery and corruption (Adebayo 1986). By 1950s the colonial administration had moved away from just the use of the traditional anti-corruption machineries to the use of commissions of enquiry. On July 24, 1956 the Justice Strafford Forster-Sulton Commission of enquiry was set up to investigate the allegations that Dr. Nnamdi Azikiwe had abused his office as premier of Eastern Region by allowing public funds to be invested in business establishment where he had an interest. The Commission’s Report indicted Dr Azikiwe, and in January 6 1957 he transferred all his rights in the bank to the Eastern Nigeria Government (Nwankwo 1999 cited in Chukwudum 2004).
The post-independence Federal Government also adopted the use of Commission of Inquiry in fighting Corruption in the Country. On June 20 1962, it appointed a Commission headed by Justice G.B. Coker to investigate the allegations that Chief Obafemi Awolowo had also abused his office as premier of the Western Region in his relationship with a private enterprise, the National Investment and Property Company (NIPC).
CHAPTER FOUR
ANTI-CORRUPTION WAR IN NIGERIA
INTRODUCTION
The massive corruption allegations that characterized President Goodluck Jonathan’s administration in Nigeria form 2010-2015 prompted President Muhammadu Buhari to declare in his inaugural speech that “he belongs to no body and he belongs to everybody”. The President has vowed to combat corruption in Nigeria no matter whose ox is gored.
This chapter focuses on the appraisal of the Nigerian whistle-blowing policy and anti-corruption campaign under President Muhammadu Buhari`s regime. To measure the effectiveness of the anti-corruption war, the performance of the Federal Government anti-corruption agencies in many high profile corruption cases will be analyzed and critically examined. It is generally agreed that prevention is better than cure, the study will therefore interrogate the extent to which the present administration prevents the manifestations of corruption in the country. In other words, besides the routine arrest and prosecution of corrupt individuals, this paper also examines the effectiveness of the President Buhari`s regime in relation to corruption prevention in country.
EFFECTIVENESS OF THE WHISTLE-BLOWING POLICY AND ANTI-CORRUPTION CAMPAIGN UNDER PRESIDENT MUHAMMADU BUHARI`S REGIME.
As a tool for fighting corruption, whistle blowing has proven to be effective in many parts of the world. Within the first six months, the Whistle Blowing Policy in Nigeria, officially launched by the Federal Ministry of Finance on December 22, 2016, attracted thousands of tips, some of which led to opening of over 3,000 investigations and the recovery of several billions of naira.
Among the aims and purposes of the policy according to the Minister of Finance, Mrs Kemi Adeosun, is to strengthen the fight against financial crimes and corruption by the Buhari administration, increase exposure of financial or financial related crimes, improve the level of public confidence in public entities, enhance transparency and accountability in the management of public funds, and recovery of public funds that can be deployed to finance Nigeria’s infrastructure deficit (Gulloma, 2016; Tukur, 2016). The basic areas in which information can be reported on include mismanagement or misappropriation of public funds and assets (e.g. properties and vehicles), financial malpractice or fraud, collecting/soliciting bribes, corruption, diversion of revenues, fraudulent and unapproved payments, splitting of contracts, and procurement fraud (kickbacks and overinvoicing, etc.), among others (Gulloma, 2016; Tukur, 2016). Some of the measures put in place to encourage the initiative include reward of between 2.5% minimum and 5% maximum of the total recovered fund. In addition, the whistleblowing portal (website) which allows the required information to be submitted anonymously is being put in place. This is to ensure confidentiality in the information provided, and to independently monitor the status or progress report of the submitted information. It is argued that immediately the information is submitted, the portal will generate a “unique reference number” which will serve the purpose of independence, monitoring and feedback mechanism (Adebayo, 2016; Tukur, 2016).
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
SUMMARY
The main purpose of this research is to assess the anti-corruption campaign in Nigeria. The research work seeks to know the extent and level of effectiveness in the Nigerian Whistle-blowing policy and anti-corruption war especially under the present administration against the background of the past governments campaign promises.
Chapter one presents the background to the study and elucidates on the basic terms used in the study. Apart from the introductory part, the chapter is further divided into several parts. The first section addresses the statement of the problem, research questions and research objectives. The next section focuses on the research methodology which presents the procedures used in answering the research questions. The third section focuses on the scope or extent of the study as well as its significance.
Chapter two review relevant literature on the subject matter and a theory was deployed to put the study into proper perspective. The chapter is subdivided into three sections. The first section provides ample clarifications on the term corruption and much literature was reviewed. From the varying texts that are examined, few pieces of evidence are spotted. First, corruption remains scandalous, unfair and unprincipled actions that stand in defiance of established laws. Second, corruption appears as debauched and negated the progressive virtues of societies in Africa. Lastly, it echoes the misuse of office for person gains. The section also points out the different strands of corruption, its effects, and steps that have been taken to stem its tide. Section two deals with the critical review of the writings of scholars on Whistleblowing policy and various anti-corruption policies of previous regimes in Africa. Section three deploys the institutional theory to explain the manifestations of corruption in the country.
Chapter three observes the trends and manifestations of corruption in Nigeria from inception till date and the historical overview of the anti-corruption policies and campaigns in the country. The chapter dwells on corruption, whistleblowing and anti-corruption policies in the first republic, second republic, aborted third republic and the fourth republic as we have it today thereby bringing to the limelight the extent of corruption acts and the effectiveness of the anti-corruption policies during these periods.
Chapter four focuses on the assessment of the Whistle-blowing and anti-corruption war/campaign or policy in Nigeria especially under President Muhammadu Buhari`s regime. The chapter chiefly examines the performances of the anti-corruption commissions or agencies in several high profile cases as this (high profile corruption cases or politically exposed individuals) siphon the largest amount of our common wealth. Besides, these politically exposed individuals have the necessary monetary resources and legal backings (they can hire as many Senior Advocates of Nigeria as they like) to frustrate the anti-corruption war of the Buhari`s regime: hence, they are the most appropriate test of the effectiveness of the Buhari`s anti-corruption regime. The chapter equally examines the effectiveness of the corruption preventive mechanisms (Single Treasury Account, Presidential Advisory Committee Against Corruption, Cultural Recommendation and Public Awareness, New Anti-Corruption legislations etc.) put in place by the present regime to fight corruption. And lastly, chapter four focuses on the challenges of the Nigerian anti-corruption campaign under President Muhammadu Buhari.
Conclusions are drawn in chapter five. The main aim of this study is to provide an independent assessment of the anti-corruption war in Nigeria, especially of the Buhari`s regime following the number of allegations of prejudice and ineffectiveness against it. I ultimately argue that anti-corruption war in Nigeria is not as effective even as it has been predicted before the inauguration President Buhari as the President of the Federal Republic of Nigeria. I recommend that major revamp and restructuring of the anti-corruption commissions should be carried out. I equally emphasize the need for special court for corruption cases which will ultimately improve the quality of judgements as well speedy determination of corruption cases. From these concluding remarks, the work opens the windows for further research and criticisms.
CONCLUSION
Corruption constitutes one of the major problems confronting the most populous country in African, Nigeria. Right from inception, the country has been bedeviled with corruption in different areeas, especially within the polity. As of today, corruption is the fastest growing industry in Nigeria. The malaise is massive and the dysfunctionalities or consequences of it are daunting. It has taken over the commanding heights of the country. It is, without skepticism, the grand commander of the Federal Republic of Nigeria.
And since it is almost impossible for a country to experience real and meaningful development with this level of corruption and impunity perpetrated in Nigeria one therefore needs not look too far for our developmental challenges. This understanding perhaps influenced the 15th president of the Federal republic of Nigeria, Muhammadu Buhari to declare his administration ready to fight corruption with vigour and vitality. Of course, the current regime (2015-2019) is fighting corruption with vigour and vitality. Large amount of money and resources have been recovered ever since the beginning of the anti-corruption campaign under President Muhammadu Buhari`s regime.
However, the continuous losing of high profile corruption cases to politically exposed individuals or influential Nigerians have continued to challenge the effectiveness of the anti-corruption war under President Muhammadu Buhari`s regime. The failure of corruption prevention measures put in place by the Buhari`s regime with the series of corruption allegations against officials and personnel working under president Muhammadu Buhari ultimately removes all doubts concerning the ineffectiveness of the anti-corruption war under the present regime.
However, the slowness and sometimes, the failure of the anti-corruption agencies (EFCC and ICPC) to investigate and questions ministers within the Buhari`s cabinet for various corruption allegations makes the allegation of lopsidedness and selectiveness of the Buhari`s anti-corruption war a plausible one. Ultimately I conclude by saying that the fight against corruption under President Muhammadu Buhari between (May 2015-December 2017) have not really been effective. There are still rooms for improvements.
RECOMMENDATIONS
Despite the multifaceted approach in combating corruption not much has been achieved in this direction and the much desired development has eluded the country mainly because of lack of good governance (which must be shrouded in transparency, accountability and rule of law). Corrupt leaders cannot wage any effective war against corruption. Therefore, if corruption is to be given a short shrift in Nigeria, then the following recommendations are thus made:
That transparency should be enshrined into all the activities of the government from the political class down the bureaucratic echelon. President’s close associates, ministers and friends that have been accused of one corruption cases or the other must be made to clear themselves before the anti-corruption commissions including the EFCC and the ICPC.
If Nigeria is serious about fighting corruption, then the current provision and practice of plea bargains must be discontinued. Section 14 (2) of the EFCC Act, 2004 provided for an argument similar to plea bargaining which presents an opportunity for the defendant to pay a sum of money (fine) having pleaded guilty to the offence. By all moral standards, plea bargain is rape of justice. This study therefore recommends the discontinuity of the plea bargain as one of the strategies used in the fight against corruption.
Again, as already noted by Ejike Okoye (2013), to make the social, business, and bureaucratic environments corruption-hostile rather than friendly; this means that there must be well funded comprehensive public education and enlightenment programs on the nature of corruption as well as the negative effects of corruption in the Nigerian polity. This is a job that the National Orientation Agency (NOA) as well as the Federal and State Ministries of Information must undertake. This could take the form of well tested public enlightenment techniques such as the use of hand bills, public posters, print media adverts and Radio and TV jingles. At the same time, the citizenry must be made aware of the stiff penalties that await those who engage in corrupt practices.
To this end, certain legal instruments must be put in place to enable unfettered corruption detection, arraignment and conviction to be facilitated. In this regard, appropriate legislation should be enacted along the following lines:
- A law compelling all banks to report to both the appropriate Federal and State Boards of Inland Revenue/Tax Authorities, as well as the law enforcement agencies any deposits, transfers or withdrawals of funds in excess of a specified amount (e.g. N5 million) by any individual. Such a law should provide for the automatic State confiscation if it turns out that the sources of such funds are proved in a court of law to be illegitimate or are connected with illicit money laundering.
- A law requiring tax in the form of “capital gains tax” to be levied against people who appear to have come into large sums of money illegitimately or even legitimately, other than as a result of a legitimate business transaction (for example, accruals to registered businessmen who have declared taxable business profits), or otherwise sums received by a salaried person as part of an emolument package (for which normal income taxes would have been paid).
- A law requiring the Federal and State Ministries responsible for Lands and Housing to make it a condition for the granting of Certificates of Occupancy, as well as for approval of building plans on registered plots of land, to require applicants to indicate legal sources of funds for the development or purchase of a landed property, as well as evidence of income taxes being paid that are commensurate with the acquisition or possession of such valued property in question.
- A law enabling the Federal and State Tax Assessment and Collection Agencies as well as the Anti-Corruption Intelligence Agency (discussed below) and the Police to demand explanations for large acquisitions and expenditures (for any purpose including donations and pledges at “public launching’’ and other events) of large sums of money beyond the legitimate incomes whether of public servants or private entrepreneurs, and to impound same when sources for such funds cannot be justified in a court of law.
- A law requiring the mandatory public declaration of the assets of the “immediate family” (meaning husband, wife and children) of all specified senior public officers on appointment or assumption of duty as well as after disengagement. In addition such assets (which must be covered by the Freedom of Information Act) must be verified and monitored routinely by the AntiCorruption Intelligence Agency and the EFCC. (In this regard, it is relevant to observe that Nigerians can be very creative over asset declaration. Hence an elected or appointed official who targets stealing 100 million naira during his/her term in office could, for example, declare 105 million naira upon assumption of office. Usually, the declaration is taken on its face value; no further attempt is made to ascertain that the official is actually worth the declared amount. He/She subsequently would steal 100 million and when he/she is about to leave office, he/she declares 100 million plus whatever little money he/she might have made legitimately. No one can query the loot because it was declared when the official came into office. Hence what the government should do is to demand physical evidence of the declared assets and at the same time establish their legitimacy).
- A law should be enacted, declaring all crimes of corruption “federal crimes” justiciable in federal courts or tribunals.
- Finally, a law should be enacted creating Federal Tribunals for Corruption Offences (FTCO). The powers of such courts, sitting in Abuja and State capitals, and the form of sentences within their scope must be carefully spelt out, and the court or courts of final appeal.
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