Sunday 4 May 2014

Anti-Corruption strategies and development in Nigeria: A case study of the Independent Corrupt Practices Commission (ICPC) and Economic and Financial Corruption Commission (EFCC) By Jiya Alice Ramatu State Code (OY/2013B/2143)

Introduction
The issue of corruption has led to loss of confidence in Nigeria by its citizens at home and abroad due to the activities of fraudsters, corrupt public officials and mis-governance by our leaders. On the international scene, Nigeria has been blacklisted as a slate in which integrity and transparency are alien and where no transactions occur without greasing palms. Others are over concentration of resource at the centre and a culture of unregulated informal economy, inefficient contract awards, inadequate enforcement of existing law, absence of the rule of law and a culture of preferential treatment in the conduct of government business. The Independent Corrupt Practices Commission (ICPC) and Economic and Financial Corruption Commission (EFCC) were established by the present administration to combat corruption at various levels. It is lamentable to observe that in spite of these strategies in place, little or no success has been achieved in that direction. The main objectives of the study are to identify the causes of corruption and their effects on Nigerian society; to analyse the role of the various Strategic Agencies on Anti-corruption and the impact of their existence. The findings of the study are that the existing Anti-Corruption Agencies are trying their best to curb corruption in Nigeria but that greediness and political instability are some of the primary causes of corruption. In fighting corruption, Nigeria requires good and virtuous leaders who are honest with integrity, discipline and trustworthy, creation of employment, upgrading of Nigeria police amongst others.

1.0 Definition with types of corruption.
Corruption has no uniform definition. This is so because what is regarded as corruption depends on the actors, the profiteers, initiators, how and where it takes place. It also depends on the existing laws and regulations guiding certain actions. There are also levels of corrupt practices. The United Nations (UN) has adopted a descriptive approach and criminalization of the act to describe what act is corrupt. The UN clearly highlighted bribery, embezzlement, illicit enrichment, abuse of office, laundering of proceeds of corruption, obstruction of justice, etc, as corrupt acts.

The Independent Corrupt Practices Commission (ICPC) Act, 2000, defines corrupt acts to include “bribery, fraud and other related offences”. 

2.0 Effect of Corruption on Nation-Building

Many have noted the effects of corruption on nation-building. Development scholars observe this effect. Corruption has an adverse effect on social and economic development and also in building a nation. The effects include:

_Diversion of development resources for _private gain
_Misallocation of talent
_Lost tax revenue
_Negative impact on quality of infrastructure and public services
_Slowing of economic growth.

3.0 Role of Law Enforcement in Combating Corruption and there strategies.
Before President Olusegun Obasanjo's regime, the police and some related agencies were the only ones fighting corruption. When Obasanjo became president in 1999, the Economic Financial Crime Commission (EFCC) and the Independent Corrupt Practices and other Related Offences (ICPC) were put in place, they have dealt seriously with the pandemic situation. The EFCC and ICPC have a number of roles in fighting corruption in Nigeria.  The ICPC is not subject to the direction or control of any person or authority.  The EFCC collaborates with international and local agencies.

3.1 The Economic and Financial Crimes Commission (EFCC)
The need to curb the trend of corruption and lack of accountability by those occupying positions of authority in Nigeria necessitated the establishment of EFCC in 2003 by President Olusegun Obasanjo. This patriotic move became imperative in response to pressure from the international community which named Nigeria as one of the notorious 23 countries that did not cooperate with the fight against money laundering. The government later promulgated the EFCC Act 2004 to give legal backing to the watchdog agency. Ribadu (2006) noted that Nigeria’s target with regard to financial accountability and mismanagement of common wealth is zero tolerance for corruption. This EFCC hoped to actualize through diverse strategies, thus;

i. Promulgation of laws against graft – Independent Corrupt Practices and (Other Related Offences) Commission (ICPC) Act, Economic and Financial Crimes Commission (EFCC) Act, Money Laundering (Prohibition) Act 2004.
ii. Strengthening of anti-corruption and other economic crimes Institutions for effective law enforcement.
iii. Prosecution and conviction of high ranking administration officials.
iv. Tracing, seizing and confiscation of all proceeds of crime.
Journal of Business Administration and Education 112
v. Institution of the Due Process Mechanism in public sector procurements.
vi. Privatization of failing public institutions and creating an enabling environment for effective private-public partnerships.
vii. Monthly publication of distributable revenue from the Federation Account to the different tiers of government.
viii. Institution of transparencies in the oil and gas sector through the work of the Extractive Industries Transparency Initiative (NEITI)

In line with the above strategies, the EFCC is empowered by law to investigate, prevent and prosecute offenders who engage in “Money laundering, embezzlement, bribery, looting and any form of corrupt practices, illegal arms deal, smuggling, human trafficking, and child labour, illegal oil bunkering, illegal mining, tax evasion, foreign exchange malpractices including counterfeiting of currency, theft of intellectual property and piracy, open market abuse, dumping of toxic wastes, and prohibited goods” (Section 46, EFCC Establishment Act, 2004). The Commission is also responsible for identifying, tracing, freezing, confiscating, or seizing proceeds derived from terrorist activities. EFCC is also host to the Nigerian Financial Intelligence Unit (NFIU), vested with the responsibility of collecting suspicious transactions reports (STRs) from financial and designated non-financial institutions, analyzing and disseminating them to all relevant government agencies and other  Punishment prescribed in the EFCC Establishment Act range from combination of payment of fine, forfeiture of assets and up to five years imprisonment depending on the nature and gravity of the offence. Conviction for terrorist financing and terrorist activities attracts life imprisonment (Ribadu, 2006).


3.2 Independent Corrupt Practices & Other Related Offences Commission (ICPC)
The rationale for creating ICPC was not different from that of  EFCC. According to Akanbi, (2005) the Independent Corrupt Practices and Other Related Offences Commission (ICPC) emerged as a policy response from the Federal Government to fight and curb corruption that has tragically corroded its moral fabric, eroded its economic base and threatened its stability. The Obasanjo’s administration therefore established the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in September 1999 and warmly enacted the Corrupt Practices and Other Related Offences Act in June 2000 (Ibid).
The mandate of ICPC in line with the Act setting it up was to prohibit and prescribe punishment for corruption, fraud, embezzlement, bribery and forgery perpetrated by Nigerians at home and abroad with impunity. The ICPC Act 2000 brings under its purview all Nigerians, in the private and public sectors and even those political office-holders with constitutional immunity. The Provision of Section 6 (a-f) of the ICPC Act 2000 sets out the duties of the Commission as paraphrased in the following:

i. To receive and investigate complaints from members of the public on allegations of corrupt practices and in appropriate cases, prosecute the offenders.
ii. To examine the practices, systems and procedures of public bodies and where such systems aid corruption, to direct and supervise their review.
iii. To instruct, advise and assist any officer, agency, or parastatal on ways by which fraud or corruption may be eliminated or minimized by them.
iv. To advise heads of public bodies of any changes in practice, systems or procedures compatible with the effective discharge of the duties of public bodies to reduce the likelihood or incidence of bribery, corruption and related offences.
v. To educate the public on and against bribery, corruption and related offences.
vi. To enlist and foster public support in combating corruption.

4.1 Causes of Corruption in Nigeria
Our previous colonial background has been identified by scholars. Our colonial heritage has  altered our values and perception of morality; some of the causes of corruption are:

1. Trade Restriction.
2. Government subsidies.
3. Price controls.
4. Low wages in civil service.
5. Sociological factors.

4.2 Solutions
In order to prevent corruption from happening at all, Nigerian should emphasis transparency, integrity, and accountability in all their private and public transaction.

1. What can be remedy of corruption? It can be only possible if people can understand and start to believe the values of ethics and morality in their life. People will start to believe that their life is accountable if they really start to believe in GOD, in oneness of GOD and if they really start to live life on the way which GOD has chosen for mankind.

2.  Responsiveness, accountability and transparency are a must for a clean system. Bureaucracy, the backbone of good governance, should be made more citizen friendly, accountable, ethical and transparent.

3.  More and more courts should be opened for speedy & inexpensive justice so that cases don’t linger in courts for years and justice is delivered on time.

4.  Local bodies, Independent of the government, like ICPC, EFCC, NAVC and Vigilance Commissions should be formed to provide speedy justice with low expenses.

5.  A new Fundamental Right viz. Right to Information should be introduced, which will empower the citizens to ask for the information they want.

5.0 Conclusion/Recommendations
In spite of the efforts of the Economic and Financial Crimes Commission (EFCC)and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the level of corruption is still of serious concern and remains the greatest challenge.

a) The Executive Arm of government in conjunction with the National Assembly need to come up workable framework for harmonizing and strengthening the role of ICPC and EFCC in order to forestall recklessness and abuse of the principles of accountability and corporate governance in public and private sector organisations in Nigeria.

b) Public and private sector organisations should be enjoined to take a closer look at their financial operations and as a matter of policy decline to provide tolerant environments for corrupt financial dealings. Accountants who come across corrupt financial transactions during the course of their professional duties must not be party to it. Rather, they should report such transactions to the Independent Corrupt Practices and Other RelatedOffences Commission, the EFCC, the Code of Conduct Bureau, and other organizations saddled with the task of eradicating corruption in Nigeria.

c) The EFCC, ICPC and other organizations saddled with the task of eradicating corruption in Nigeria should earnestly beam their searchlights on political office-holders, executive directors, banks et cetera being possible conduit pipes for corrupt financial flows.


d) EFCC should strengthen its vigilance and monitoring mechanisms over the nation’s ministries, commissions, private sector organisations, banking and financial industry, universities et cetera to forestall poor accountability corrupt and violation of corporate governance ethics with impunity.


No comments:

Post a Comment