ROLE OF LEGISLATURE IN THE FIGHT AGAINST CORRUPTION IN NIGERIA
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CHAPTER ONE
INTRODUCTION
1.1 Background of study
Public office is trusted, whether it be in politics, the bureaucracy, or the judiciary. Any employee who works in one of these workplaces is required to arrive on time, clean, and depart similarly. But when widespread corruption is present, this becomes unfeasible. Although corruption is a global phenomena that undermines the concepts of accountability, it is particularly concerning in neocolonial dependent capitalist states, particularly in sub-Saharan Africa. Corruption in Nigeria continues to be a problem that can be dealt with. Nigeria was named the world’s most corrupt nation in 1996 by the reputable Transparency International. Nigeria accomplished the same dishonorable feat again the following year, in 1997. The nation was ranked as the world’s second most corrupt state in 2001, behind Bangladesh, by the same organization. Only in 2008 did Transparency International’s program manager for Africa and the Middle East, Doris Baster, observe that Nigeria’s corruption perception index score had somewhat improved from prior years.
It’s a sad and depressing story about national leaders whose corruption and misrule cost them their moral authority and legitimacy. Here is a society that has been abundantly blessed with more than adequate material and human resources for all, yet there is so much corruption and money intertwined with wretched and debasing poverty. A country that was once regarded as the continent’s example of democratic institutions has played a significant role in history due to a vicious cycle of directionless/corrupt leadership, political instability, economic mismanagement, underdevelopment, and social upheaval. Unfortunately, as rude and offensive as the moniker is, it reflects the reality on the ground in the country. Since early 1972, Nigeria has been plagued by escalating levels of corruption that appear to defy all forms of judicial and containment methods. There is widespread agreement that the numerous procedures put in place to combat corruption have proven unsuccessful, owing in large part to the sluggish pace with which they have been implemented.
The democratic regime, led by Aliyu Akwe Doma at the time and now by Umaru Tanko Al-Makura, has often announced its commitment to confront corruption head on. On countless times, they have constantly stated their intention to combat corruption and project a new image to the international community. Since the democratic regime’s inauguration in mid-1999, a number of policies and institutions have been implemented to address the issue. The most notable of these are the passing of the Corrupt Practices and Other Related Offences Act, 2000 and the EFCC Establishment Act 2004.
Regardless of the new act’s longevity, there is widespread agreement that the problem with corruption in Nasarawa state is not a lack of laws that punish wrongdoers or institutions that implement such laws (Edoh, 2000, Olaiywola 2002), but a lack of will on the part of political leaders and the weakness of the various institutions that should have been active in the fight. The common wisdom here is that the laws that exist in the country’s criminal code prohibiting corruption behavior and stipulating sanctions in the event of a violation have been largely ineffective. Gidado (2001) has argued that the problem with the various anti-corruption provisions of the criminal code is that the provisions themselves are unduly rigid, static, confusing, and nonreflective of the contemporary realities of the society. The scenario has been mutually reinforcing. The laws are complicated and do not reflect contemporary circumstances; the organizations that create, interpret, and implement the laws have been weak, indifferent, or even deceptive. The rebound is a luxuries climate in which corruption has proliferated to an unprecedented level. This topic was chosen in appreciation of the awful circumstances. The primary aim is to investigate the role that the court can play in the new anti-corruption effort.
1.2 Statement of the Problem
Nigeria is concerned with eradicating corruption, which impedes economic development and prosperity. However, reports appearing in the media and those published by public and private bodies such as the Nigeria Anti-Corruption Commission, National Anti-Corruption Campaign Steering Committee, Transparency International, and Centre for Law and Research International, among others, consistently indicate that corruption still exists in Nigeria and afflicts key government departments and society as a whole, despite the legislative and institutional structures put in place. In 2002, the government established the Ministry of Justice, National Cohesion, and Constitutional Affairs5, which oversaw a range of anti-corruption activities, including legislative and institutional reforms. The most significant of these measures was the passage of the Public Officer Ethics Act of 2003 and the Anti-Corruption and Economic Crimes Act of 2003. Despite legislative and institutional reforms, progress in the fight against corruption has been minimal6. There is no national anti-corruption policy that provides a clear path forward in the battle against corruption. Institutions tasked with combating corruption have been deemed ineffective, with bodies such as the Nigeria Anti-Corruption Commission (KACC) repeatedly expressing a lack of ‘teeth’ to bite due to a lack of prosecutorial powers and flaws/gaps in the Anti-Corruption and Economic Crimes Act (ACECA) and other related legislation. The situation is exacerbated by disagreements among the numerous institutions tasked with tackling corruption. The overall result is that the fight against corruption has not been wondespite the initiatives and resources put in place to combat the vice. This research work is set to identify the roles of the judiciary in fighting curroption.
- Does corruption has socio-economic and political implications to Nasarawa state development?
- Is the judiciary arm of government committed towards fighting corruption in the state?
- What are the challenges confronting the judiciary in their quest of combating corruption?
- How can we salvage the challenges and ensure corrupt free state?
1.4 OBJECTIVES OF THE STUDY
The general objective of this research work is to empirically examine the rate of judiciary in the fight against corruption to meet the general objectives, the study focuses on the following specific objectives.
- To access the level of commitment or political will of the leader in the fight against corruption in Nasarawa state.
- To identify factors militating against the fight against corruption.
- Proffer solutions to the crises of corruption in Nasarawa state
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