Anti-CORRUPTION FIGHT IN NIGERIA: A LOST BATTLE OR A WORK IN PROGRESS?

Anti-CORRUPTION FIGHT IN NIGERIA: A LOST BATTLE OR A WORK IN PROGRESS?

BY

PROFESSOR MAXWELL M. GIDADO, SAN, OON, KSM, MEI (UK).

PROFESSOR OF CONSTITUTIONAL LAW, FACULTY OF LAW, NASARAWA STATE UNIVERSITY, KEFFI – NIGERIA.

BEING PAPER PRESENTED AT THE ONE-DAY SYMPOSIUM ON ANTI-CORRUPTION ORGANISED BY THE ANTI-CORRUPTION AND RULES OF LAW COMMITTEE IN COLLABORATION WITH THE LAW REFORM COMMITTEE OF THE NIGERIAN BAR ASSOCIATION (NBA) BWARI BRANCH (CRADLE BAR)

ON

8TH DECEMBER, 2023

VENUE: GADIS EVENT CENTRE, DUTSE ABUJA

ANTI-CORRUPTION FIGHT IN NIGERIA: A LOST BATTLE OR A WORK IN PROGRESS?

By Prof. Maxwell M. Gidado SAN, OON, KSM, MEI (UK).

PROTOCOLS: 

I am highly delighted to have been invited to serve as one of the resource persons in this one-day symposium on Anti-corruption organised by the Anti-Corruption and Rule of Law Committee in collaboration with the Law Reform Committee of the Nigerian Bar Association (NBA) Bwari Branch (Cradle Bar) as they join the rest of the world to mark the international Anti-Corruption Day on the 9th December, 2023. The Nigerian Bar Association will continue to remain as one of the most formidable association of lawyers. It is therefore the right place to discuss a subject that has brought our nation only reproach, poor governance and stunted growth.

Corruption indeed has engaged the attention of different scholars in different fields of study in this country. It has formed a good topic for discussion at political rallies, religious organizations and by travellers. In market places, it has engaged the attention of traders, as well as teachers, students and farmers in idle times etc. It is indeed accurate, as it has been identified as one of the problems affecting the development of the federation of Nigeria. 

Before I answer the question whether anti-corruption fight in Nigeria is a lost battle or a work in progress?, it is apposite to appreciate the two concepts of the topic for discussion – namely: (i) Corruption.

MEANING OF CORRUPTION:

Simply put, corruption, according to Transparency International, is the abuse of entrusted power for private gain.

Bribery, embezzlement, nepotism and the misuse of authority for one’s own benefit are just a few of the illegal actions that fall under the umbrella of corruption. It erodes confidence in establishments, wraps financial frameworks and obstructs social advancement.

Anti- Corruption or (Counter Corruption) comprises or refers to activities that oppose or inhibit corruption. Just as corruption takes many forms, anti-corruption efforts vary in scope and in strategy.

It was only in the late 1990s that corruption was increasingly perceived to have a negative impact on the economy, democracy and the rule of law, as was pointed out by Kofi Anan.

Corruption is the use or misuse of public office or fund for private and personal gain. It includes crimes such as extortion, bribery, racketeering, or embezzlement. It also includes unethical acts and patronage such as revolving doors for government employees and capture of the regulatory process by the powerful and connected.

Abuse of entrusted power for private gain is the definition of corruption popularized by Transparency International- the leading global non-governmental anti-corruption movement.

This widely accepted definition of corruption encapsulates three core elements:

Abuse – violation of norms of conduct or professional obligation-decision making without due impartiality against public interest 

Entrusted Power – Misuse of authority derived from all kinds formal or informal sectors.

Personal gain: private gain with family and friends.

Corruption is a complex social, political and economic phenomenon that affects all countries. Corruption undermines democratic institutions, slows economic development and contributes to governmental instability.

Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law and creating bureaucratic quagmires, whose only reason for existing is the soliciting of bribes. Economic development is stunted, because foreign direct investment is discouraged and small businesses within the country often find it impossible to overcome the “start-up cost” required, because of corruption.

On October 31st 2003 the UN General Assembly designated 9th December as the international Anti-Corruption day.

The 2023 International Anti-corruption Day (IACD) seeks to highlight the crucial link between anti-corruption and peace, security and development. At its core is the notion that tackling this crime is the right and responsibility of everyone, and that only through cooperation and the involvement of each and every person and institution can we overcome the negative impact of this crime. States, government officials, civil servants, law enforcement officers, media representatives, the private sector, civil society, academia, the public and youth, alike, all have a role to play in uniting the world against corruption.

The 2023 IACD Commemorates the 20th anniversary of the UN Convention against corruption (UNCAC). As we celebrate this milestone, we reflect on the positive changes brought about by the collective efforts driven by the convention. Equally crucial is our examination of the remaining gaps that require attention to ensure that this mechanism continues to strengthen in the years ahead.

UNITING THE WORLD AGAINST CORRUPTION

The world today faces some of its greatest challenges in many generations- challenges which threaten prosperity and stability for people across the globe. The plague of corruption is intertwined in most of them.

Corruption has negative impacts on every aspect of society and is profoundly intertwined with conflict and instability, jeopardizing social and economic development and undermining democratic institution and rule of law.

Corruption not only follows conflict, but it also frequently one of its root causes. It fuels conflict and inhibits peace processes by undermining the rule of law, worsening poverty facilitation the illicit use of resources and providing financing for armed conflict.

Preventing corruption, promoting transparency and strengthening institutions is crucial, if the targets foreseen in the Sustainable Development Goals are to be met.

HISTORICAL AND PHILOSOPHICAL FOUNDATION FOR THE GROWTH OF CORRUPTION IN NIGERIA:

The Nigerian pre-colonial society existed and operated on different parameters in social, political and economic settings. The coming into contact of the various societies with the British brought about a gradual transformation in the legal, social economic and political settings of each society. Though political institutions were left to exercise their independence, their power to develop the societies the way they wanted was undermined. Because the colonial system was out for blatant cheating and exploitation of the indigenous people and their resources, no emphasis was placed on principles of good governance such as accountability and transparency in the management of the nation’s affairs under colonialism. Therefore, the Native Chiefs that were to rule, were not expected to render accounts of their stewardship to the indigenous people, neither were the colonial administrators. The Divisional, Resident Officers or Colonial Governors were also expected to render no accounts to the people concerning the exploitation of the natural potentials that were manned in their areas. The Colonial Governors were required to render account of their colonial activities to the Colonial Secretary in London. This neo-colonial posture was expected to persist even after the grant of sham independence to Nigeria in 1960.

The disturbing question that comes to mind in this write up is that if by 1952, when the British colonialists were still at the helm of affairs in Nigeria, as Divisional Officers, Residents and Colonial Governors, if a Traditional Ruler was heard complaining about the prevalence of corruption in all works of life, then the most rational conclusion that can be reached is that the British brought this cankerworm from their political climate, planted and nurtured it to grow in a system that was set up by them. It can also be maintained that they recruited and trained indigenous people along that line while in colonial service. It is therefore, a fallacy and a big attempt to confuse the origin of this crime when English men like Wraith, and Simpkins remarked in 1963 that; “in Africa corruption flourishes as luxuriantly as the bush and weeds which it resembles, taken the goodness from the soil… the forces raging against it are negligible”.

The above remarks were made by two English men about African countries concerning the state of corruption as far back as 1963 when most of these countries were still reeling under the colonial yoke, while others like Nigeria had just come out of the colonial system. Therefore, if features of corruption could be seen flourishing in the continent that was very much under colonial influence by 1963, then the safest conclusion that could be made by any rational mind is that the British colonialists brought this evil into Nigeria, planted and later transferred it to the Indigenous people that were recruited by them into colonial service. This explains why those who were to take the reigns of power in the country such as Chief Obafemi Awolowo and Dr. Nnamdi Azikiwe were found to have involved in corrupt practices by the Strafford Commission which discovered Awolowo to have diverted a large sum of the Action Group (AG) a political party that he was a leader to private coffers in the National Bank of Nigeria. Also Azikiwe was found liable for diverting state funds to be invested in African Continental Bank (ACB) in which he had majority shares. 

ANTI-CORRUPTION FIGHT IN NIGERIA-LEGAL MECHANISM

Nigeria has enacted several and adequate laws to address the problem of corruption. The main ones include:

The Nigerian 1999 Constitution (As Amended)

The fifth Schedule to the Constitution (Code of Conduct), prohibits public officers from accepting property or benefits of any kind for him or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

The Economic and Financial Crimes Commission (EFCC) Act 2002

Section 5 (1) (b) of the Act, lists acts that constitute corruption. Section 46 of the same Act has gone further to define economic crime as non-violent criminal activity committed with the objectives of earning wealth illegally. The crime includes financial crimes and corruption. The Act empowers it to prevent, investigate, prosecute and sanction the accused.

The Independent Corruption and Allied Matters Commission (ICPC) 2000

Section 2 of the Act, gives the purpose of the Act to be “the prohibition of corruption practices which include bribery, fraud and other related offences, arising from interactions or transactions involving public officers, general public or individuals” 

Criminal Code

The Criminal Code is applicable in most parts of the southern states. Section 98 defines what corruption is and prescribes punishment.

Money Laundering (Prohibition) Act

According to the Act, “Money laundering is when any person in or outside Nigeria, directly or indirectly conceals or disguises the origin of; convets or tranfers; removes from the jurisdiction; acquires; uses; retains or takes possession or control of any fund or property, knowingly or which he or she should reasonably have known that such fund or property is or forms part of the proceeds of an unlawful act”

Others include:

Penal code

Advanced Fee Fraud and other related offences act

The failed banks (recovery debt and financial malpractices in banks ) act

The banks and other financial institutions act

Miscellaneous offences act

The Nigerian extractive industries transparency initiative (NEITI)

SELECTED ACTS OF CORRUPT PRACTICES IN NIGERIA: 

1.  Diversion of N40 billion from Federation Account* 

A company, 

Continental Transfert Technique had been hired by the Ministry of Interior to collect the Combined Expatriate Residence Permit and Alien Card (CERPAC) Fee of $2,000 per annum from every expatriate in Nigeria. 

The revenue from 2019 comes to an average of N40 billion per annum. 

This collection which violates Section 162 of the Constitution and provisions of the Immigration Act 2015, is then shared on percentages of Federal Government, 

30, Interior Ministry, 7, Immigration Service, and Continental Transfert Technique, 58 percent.

This illegality was challenged at the Federal High Court and won. 

The court directed the NIS to collect the funds henceforth and remit same to the Federation Account. But the contractor and the federal government appealed against the judgment and have continued to share the N40 billion per annum  

 2. Additional Revenue of $1.5 billion payable to Federation Account 

In July 2015, the attention of the Federal Government was drawn to the fact that the 15-year fiscal incentives given to the oil and gas companies operating under the Deep Offshore and Inland Basin Production Sharing Contracts Act had expired in June 2014. 

When the Federal Government ignored the request, a Bill was drafted for the amendment of the law. The Bill which was adopted and sponsored by Senator T. Orji scaled the first reading in the Senate but was not passed before the dissolution of the 8th National Assembly.

However, the same Bill was modified and passed by both houses of the 9th National Assembly and assented to by President Buhari on November 4, 2019. In justifying the passage of this Bill, Senate  President Ahmed Lawan announced that the new law would increase the revenue of the nation by not less than $1.5 billion per annum. 

 3. Outstanding royalties of $62 billion 

In campaigning for the amendment of the Deep Offshore and Inland Basin Production Sharing Contracts Act, I requested the Federal Government to collect outstanding royalties payable by the International Oil Companies under the Act. The Federal Government admitted that the country had lost a whopping sum of $60 billion. But my demand for the collection of the huge fund was ignored.

The governments of Rivers, Akwa Ibom and Bayelsa States then approached the Supreme Court which on October 20, 2018 ordered the Federal Government to collect the royalties for the past 18 years. The Federal Government confirmed that the outstanding royalty withheld by the IOCs is $62 billion but has refused to collect it.

 4. FG denied revenue of $500 million by a group of corrupt public officers 

The international Cargo Tracking Note Scheme to protect international shipping and prevent the movement of dangerous cargo and arms shipments was introduced into Nigeria in 2010 via an agreement between the Nigerian Port Authority and TPMS, a private company. 

Barely a year later, the agreement was suspended. 

When attention was drawn to the illegal suspension of the Cargo Tracking Note system, the suspension was lifted on May 28, 2015 only to be suspended again in 2016. 

In 2022, President Buhari issued an executive order which authorized a company to operate the Cargo Tracking Note. 

But 5 companies sponsored by top government functionaries overruled the President and hijacked the contract. The company that won the contract has since sued the federal government at the Federal High Court. Meanwhile, Nigeria has lost at least $500 million while the security of the nation has been compromised by a bunch of corrupt public officers. 

 5. Sale of public assets and enterprises

Successive regimes have been selling assets and enterprises owned by the Federal Government to members of the ruling class in the name of privatisation. The buyers turned round to engage in asset stripping.  According to the Bureau of Public Enterprises, between 2004 and 2002, the federal government sold 142 public enterprises to members of the ruling class. 

The 10 per cent shares reserved for the staff of every privatised enterprise have been cornered by the so called "core investors" contrary to the provision of section 5(3) of the Privatization and Commercialization Act. 

 6. $7 billion fixed in 14 banks

Sometime in 2006, the CBN yanked off $7 billion from the nation’s foreign reserves and fixed it in 14 commercial banks in Nigeria. 

The deposit and the accrued interests were not recovered from the banks. When it was reported to one of the anti-graft agencies, the CBN claimed that it had forgiven “the forbearance”.

 7. Sale of Heritage Bank, Keystone Bank, Union Bank and Polaris Bank by CBN 

The CBN took over 

Heritage Bank, 

Keystone Bank, 

Union Bank 

and Polaris Bank, spent trillions of Naira to revitalise them only to turn round to sell them under the table. 

For instance, CBN invested N1.3 trillion in Polaris Bank but sold it for N50 billion! 

 8. Theft of Crude oil

The Nigerian Extractive Industries Transparency Initiative (NEITI) has revealed that Nigeria lost 619.7 million barrels of crude oil valued at N16.25 trillion ($46.16 billion) to crude oil theft between 2009 and 2020. 

Immediate past National Security Adviser, General Babagana said that Nigeria might lose $23 billion in 2023 to crude oil theft.

 9. Theft of gold and other solid minerals 

The theft of the nation’s mineral resources is not limited to crude as solid minerals are equally smuggled out of the country by highly placed criminal elements. 

Former Minister of State for Mines and Steel Development, Dr Uche Ogah recently disclosed that private jets are being used by the rich for gold smuggling in Nigeria. 

He stated this at an investigative hearing on $9 billion annual loss to illegal mining and smuggling of gold organised by the Senate Committee on Solid Minerals, Mines, Steel Development and Metallurgy. 

During his contribution at the hearing, Senator Orji Uzor Kalu disclosed that Nigeria lost close to $54b from 2012-2018 due to illegal smuggling of gold. 

 10. AMCON is owed N5.4 trillion by the rich

A few years ago, commercial banks were going to collapse due to toxic loans taken by members of the ruling class. 

To prevent the impending economic doom, the Federal Government set up the Asset Management Corporation of Nigeria (AMCON) to buy off the loans with trillions of Naira provided by the CBN. AMCON has not been able to recover the loans of N5.4 trillion from about 370 corporate bodies. 

 11. Indiscriminate import duty waivers

A few privileged members of the business community buy dollars at official rate while they are allowed to import all manners of goods into the country. 

In the last 5 years, import duties worth N16 trillion were waived for them. 

 12. Effort to track and monitor tankers conveying fuel sabotage by NNPC 

On August 8, 2018, the Federal Executive Council (FEC) approved the installation of technology monitoring schemes and structures under the Petroleum Equalisation Fund (PEF) for N17 billion. The technology which was designed to track and monitor tankers conveying fuel and other petroleum products was not acquired while the N17 billion approved for it was diverted. 

 13. N10 trillion diverted by CEOs of Government enterprises

The Buhari government revealed on December 19, 2018 that government enterprises including the CBN owed about N10 trillion in unremitted operating surplus as at August 2018. The details were provided. The said sum of N10 trillion remains unpaid.

 14. N6 trillion unpaid ground rents by buyers of Government properties 

On March 29, 2023, the Senate noted that since 1992, over two million houses across the 36 states and the FCT had been built and allocated to beneficiaries by the federal government without evidence of payment of ground rent on the properties. 

Consequently, the Senate set up an Ad Hoc Committee to recover over N6 trillion unpaid ground rents from property owners in the country.

 15. Stolen crude oil valued at $29.17 billion

A group of lawyers engaged by NIMASA confirmed that 60.2 million barrels of crude oil valued at $12.7 billion of crude oil was stolen and illegally exported to the United States of America between January 2011 and 2014. This has not been recovered. 

Also, the House of Representatives investigated and confirmed that undeclared crude oil worth $17 billion was exported to global destinations during the same period. 

The affected companies are known but government seems to lack the will to bring them to book and recover the sum of $29.7 billion being the value of the stolen crude.

 16. Oil theft of N16.25 trillion

The Nigerian Extractive Industries Transparency Initiative (NEITI) revealed that between 2009 and 2020 Nigeria lost 619.7 million barrels of crude oil valued at N16.25 trillion ($46.16 billion) to oil theft. The security forces have not been able to stop the stealing and smuggling of crude oil from Nigeria. 

However, Tantita Security Services Nigeria Ltd (TSSNL), a private company discovered pipelines through which crude oil was being diverted from a 40,000 barrel per day Forcados pipeline to the high seas for export. The indicted oil companies including an IOC involved in this grand theft are yet to be prosecuted.

 17. Deduction of collection costs by FIRS & NCS 

The Federal Inland Revenue Service and Nigeria Customs Service are allowed by their enabling laws to deduct percentages of the taxes and duties collected by them as collection costs. Thus, the FIRS between 2016 and 2020 made N533.39 billion deductions while Nigeria Customs Service withdrew N128.64 billion as cost of collection in 2022.

The laws which allow agencies of the Federal Government to deduct collection costs are contrary and inconsistent with section 162 of the Constitution which provides that all revenues collected by the Government of the Federation shall be paid into the Federation Account.

 

18. Diversion of $6.065 billion approved for turn-around maintenance of refineries 

Between 1993 and 2016, successive regimes spent, through the NNPC, about $6.065 billon on the so-called turn around maintenance and rehabilitation of the four refineries at various times. 

It is public knowledge that the turn-around maintenance of the refineries was not carried out. 

Therefore, the contractors should be invited by the EFCC and compelled to refund the said sum of $6.025 billion.

19. Investment in Dangote refinery and rehabilitation of 4 refineries 

The Federal Government has invested $2.7 billion in Dangote Refinery while the NNPCL will supply the refinery with 300,000 barrels of crude oil per day. Furthermore, the Government has awarded the contracts for the rehabilitation of the two refineries in Port Harcourt for $1.5 billion, as well as Kaduna and Warri refineries for $1.4 billion. 

We are compelled to call on the Nigeria Labour Congress and Trade Union Congress to monitor the ongoing rehabilitation and upgrade of the 4 refineries.

 20. Special salaries for top public officers, security votes, and pension for governors 

Top public officers have illegally taken themselves out of the general salary structure. 

For instance, contrary to section 70 of the Constitution which provides that the salaries and allowances of legislators shall be fixed by the Revenue  Allocation Mobilization and Fiscal Commission the members of the National Assembly are paid emoluments ranging from N13 million to N15 million per month.

In addition to their salaries the 36 State Governors are paid security votes running into hundreds of millions per month. The largesse has since been extended to all senior public officers, including heads of ministries, departments, and agencies of the federal and state governments, as well as local government chairmen. The security votes paid to senior public officers are about N241 billion per annum.

As if such subsidy is not enough, state governors have been placed on scandalous pension of billions of Naira. But due to public criticisms, the Lagos State Government has halved the pension for ex-governors while the Governments of Kwara, Imo, and Zamfara States have abolished the payment of the outrageous pension to former governors and deputies. 

We call on all other state governments to emulate the example of the aforementioned 3 state governments.

21. Diversion of dividend and feed gas of $33 billion by NNPCL 

Nigeria LNG Limited is jointly owned by Nigeria and the OICs. 

The 49% shares of Nigeria in the joint venture were paid for from the Federation Account in 1989. On March 29, 2021, former President Buhari disclosed that the Nigerian Liquefied Natural Gas (NLNG) had generated $114 billion in revenues, paid  $9 billion in taxes, $18 billion as dividend and $15 billion in Feed Gas Purchase to the Federal Government. 

However, rather than pay the fund into the federation account as constitutionally directed, the $33.9 billion dividend and feed gas was diverted by the NNPCL.

22. Diversion of trillions of Naira through fuel subsidy fund 

Notwithstanding the allocation of 445,000 barrels of crude oil to NNPC  per day for domestic consumption, it has been confirmed that the figures for fuel importation in Nigeria between 1999 and 2023 are as follows:

1. 1999-2006 =N813 billion;

2. 2007-2009= N794 billion;

3. 2010-2014= N3.9 trillion;

4. 2015-2023= N11 trillion.

Last week, the Chief Executive Officer of the Nigerian National Petroleum Company Limited (NNPCL), Mr. Mele Kyari stunned the nation when he said that the federal government still owes the company N2.8 trillion in fuel subsidy payments. But the monumental fraud that has characterized the fuel subsidy scam has been confirmed by the Buhari regime. 

Thus, on March 27, 2022, former Minister of State for Petroleum Resources, Mr. Timipre Sylva publicly lamented the controversies surrounding the amount of petrol that the nation consumes daily, said the subsidy regime encouraged criminal activities like smuggling, which in turn impact negatively on the nation’s oil resources. He said that, “I am told the figure sometimes rise to as high as 90 or over 100 million litres. I don’t know how that happens. 

At this rate, I have said if anyone is looking at a criminal enterprise, look no further than the fuel subsidy.” The criminal enterprise ought to be probed by the Bola Tinubu administration.

It is crystal clear from the foregoing that members of the ruling class are heavily subsidized by the peripheral capitalist system while the masses are subjected to excruciating economic pains. We are therefore compelled to call on the Nigeria Labour Congress and Trade Union Congress as well as the progressive extraction of the civil society to mount pressure on the federal government to stop the dollarisation of the national economy, indiscriminate grant of duty waivers, theft of crude oil, gold, and other mineral resources and recover the nation’s looted wealth. In other words, these ‘subsidies’ should be recovered while the nation’s refineries are fixed so that the country can provide genuine subsidies that can make life livable in Nigeria.

Note:

There is also the recent NIGERIA AIR open looting and the case of FEDERAL REPUBLIC OF NIGERIA VS PROCESS & INDUSTRIAL DEVELOPMENT LTD  (2020) EWHC 2379 Para 226 Alias the case of P&ID V. NIGERIA.

CAUSES OF CORRUPTION IN THE NIGERIAN SOCIETY: 

Many causes can be identified for giving rise to corruption in various segments of the Nigerian society. On this, one can say that the factors that give rise to this evil are “legion”, for they are many. They range from:

Poverty: Poverty indeed, is one of the causes of corruption in Nigeria, particularly among the low income group and people who are destitutes and are faced with the challenges of the basic needs of life such as food, shelter, clothing and medical attention. These categories of persons faced with the necessities of life in most circumstances are compelled to do anything in other to sustain their lives. However, the irony of corruption in Nigeria today is that this crime is mostly committed by people in high profile offices who are also well paid in the country that can hardly be referred to as being poor, (note the sharing of N300 million in the Federal Ministry of Health in 2008 by the Minister, Prof. Mrs. Grange Adenike, Minister of State, Mr. Samuel Adukwu and Permanent Secretaries and Directors in the Ministry. These persons cannot by any figment of imagination be classified as poor persons that can be influenced by poverty to have been corrupt in the offices they occupied. The same extend to the corruption saga of Tafa Balogun a former Inspector General of Police that was convicted for stealing about N17 billion of Nigeria Police funds).

Greed: Greed is another cause of corruption in Nigeria of today, greed more than any other factor is responsible for corrupt practices that are perpetrated by Nigerians who are in positions of Governors, Senators, Members of House of Representatives, Ministers, Permanent Secretaries, Heads of various Commissions and Parastatals, Managing Directors of Private and State owned Banks etc. Thus, in the case of Federal Republic of Nigeria vs. Tafa Balogun (Unreported suit no. FHC/ABJ/CR14/2005). Here a former Inspector General of Police who is ordinarily well paid and is entitled to several and attractive emoluments of office was discovered to have embezzled about N17 billion of Police funds. He was arraigned before the court for official corruption, theft and misappropriation and was accordingly convicted and punished. The involvement of the accused at the rank of Inspector General of Police can better be attributed to greed rather than any factor. Also in the convictions secured against corrupt Governors such as was done in Federal Republic of Nigeria vs. Lucky Igbinedion (Unreported suite no. FHC/EN/2008) can equally be attributed to greed. For judging from the position of the accused person as a Governor, he had also come from one of the wealthiest family in Edo State. 

Decline in Moral Values and Virtues of the Society: Again the fast decline in moral values in various societies of Nigeria has contributed immensely to the alarming spate of corruption in the country. This is because of the weakness in the family as an essential social unit of socialisation. It is further espoused by the weakness in social institutions like the church and mosque that were known for the significant role they played in rejuvenating the cherished norms and values of the society. The above can be supported by the ugly incidence that involved the Christ Embassy Church in Nigeria in which the Church, willingly and readily collected donations from one of its worshippers by name Lawrence Agada who was later reported to have stolen the various sums of money he donated to the church from the Sheraton Hotels and Towers, Ikeja totalling N9 million. The same member was discovered to have procured expensive items like a 250 KVA generator valued at N4.4 million to the same church and another generator worth N1.5 million to his local parish, (“The more you look the less you see” been an article published in the Insider Magazine of April 7, 2003, No. 14 at p.11). If the places of worship in Nigeria still cherish the norms and values of honesty, the Christ Embassy Church ought to have questioned the source of income of this worshipper and how he is able to make such stupendous donations.

The Abuse of the Established Rules and Regulations for taking actions and Decisions in every Establishment or Organisation: The abuse of the existing office rules and regulations for taking various actions in government establishments and private organisations is another factor that has contributed to the prevalent corruption in Nigeria. Many corrupt practices that are committed in government offices and private organisations are facilitated by lack of compliance with the established rules and regulations for reaching those decisions and actions. This practice is known as the lack of compliance with due process. Its abuse has led to the collapse of many government institutions, banks and financial houses in the country. Another good example of the above is, what manifested in the case of Federal Republic of Nigeria vs. Shettima Bulama [(2010) 1 ECLR at p.137-165]. In this case the accused who was the, Managing Director of Bank of the North Ltd. was arraigned before the court on an eight (8) count charge for granting several over-draft facilities to himself totalling N433 million through an account of the same Bank at Nasarawa. The grant was discovered to have been made above the limit provided in the bank’s rules and regulations and the over-draft facility was also made without collaterals and approval of the Central Bank. The corrupt behaviour by this accused person led to the collapse of the Bank of the North Limited.   

      

Home and Foreign Support:  Also the support of persons at home and abroad as collaborators and agents have facilitated some of the corrupt practices in Nigeria. For instance, in the arraignment of the Governor of Plateau State - Mr. Joshua Dariye, before the Federal High Court, Kaduna, it was discovered that the corruption perpetrated by the Governor was facilitated by agents like Mrs. Christie Bantu who aided the Governor in operating fifteen accounts that were opened with various banks in Britain; (FRN vs. Dariye, (2005) NSSC 34; FRN vs. Odessa, (2010) 1 ECLR 101 at p.108). It was also with the help of foreign collaborators and agents that the stolen wealth of the Federal Government by late General Sani Abacha was easily lodged in various bank accounts across the world. In the course of investigation of the wealth of the late General, it was discovered that a New Jersey court in United States convicted one Raj, an Indian, for offering himself as a crony in assisting General Abacha to launder public funds he had stolen from Nigeria, which funds were designed to be used for the purchase of tri-cycles for the Nigerian Armed Forces. The fact of foreign support as a causative factor can further be gleaned from the series of convictions secured by institutions like EFCC involving Nigerians and foreigners’ as co-accused and accomplices. Commenting on the role of foreigners in aggravating corruption in Nigeria, Achebe in the last of his release series entitled; “There was a Country” remarked that: “Nigerians alone are not responsible. We all know that this corrupt cabal of Nigerians in power has friends abroad who not only help it move the billions abroad but help them hide the money, but also shield the perpetrators from prosecution”.

The Family and Societal Expectations: Equally the family and societal expectations account for propelling corruption in the Nigerian society, there are many families and societies in Nigeria today that do not perceive the corrupt actions of any of their members as something wrong that should be hated and condemned. In some families, when one of their members is being corrupt in any office by putting up structures with the corrupt money, rather than hate and condemn his behaviour, they see such a person as someone who is “making it”. Many societies and families in Nigeria also expect any of their members who has held offices like that of the President, Governors, Ministers, Senators, Permanent Secretaries, Managing Directors of any private or public organisation not to return home as poor persons at the end of the job. Attempts to satisfy family and societal expectations have pushed many persons to get involved in corruption while in public and private service. 

NEGATIVE EFFECTS OF CORRUPTION ON THE NIGERIAN NATIONHOOD: 

With respect to the negative effects of corruption on Nigeria, it largely accounts for the numerous incidents of political instability Nigeria has undergone from January 1966 to May 29, 1999 when power was returned to a democratic government in the country. It has also contributed to the destruction of the electoral process so that some of the people in Nigeria that have occupied the seat of power, are not actually people who should be in such positions. This explains why some members of the National Assembly have been identified as people with criminal records, false educational qualifications, and falsification of their ages, leading to their elections in the Senate or House of Representatives. The destruction of the electoral process by this evil has largely affected the right of franchise conferred on the citizens by the constitution, [Section 14(1)(2)(3), Constitution of the Federal Republic of Nigeria 1999 (as amended). Note also the falsification of age and qualification by the first Speaker of the House of Representatives of the Fourth Republic and records of conviction involving Evans Ewerem, the First Senate President of the Fourth Republic].

1) DESTRUCTION OF THE EDUCATION SYSTEM: 

Corruption is identified as a destructive factor to the educational system of Nigeria. A survey of Nigerian educational system presents a picture of dilapidated structures, ill-equipped libraries and laboratories, insufficient funding for research, insufficient funds for workshops and seminars. In the primary schools, the absence of standard classrooms have compelled lessons to be held under mango-trees, while in the higher institutions of learning the absence of the desired infrastructure has compelled undergraduates to receive lessons by peeping through the windows at the Lecturers. This indeed, has produced negative effect on the quality of learning and the knowledge imparted under these circumstances. The devastating effect of this is that there are many graduates of Nigerian universities and higher institutions that cannot draft correctly a memo in their places of employment when required to do so. 

2) THE SECURITY SYSTEM: 

The security system of the country is equally devastated by this cankerworm. This should not be taken as an overstatement, judging from the incidents of corruption involving high profile police officers like the former Inspector General of Police, Mr. Tafa Balogun, who was arraigned and tried for official corruption and misappropriation of police funds to a tune of about N17 billion, (FRN vs. Tafa Balogun; op. cit.). Besides, the incidents of bribes committed by Junior Police Officers on the Nigerian highways on a daily basis, lend credence to the above assertion. Next is the incident of a missing ship at Apapa Wharf in which the Inspector General of Police, the Comptroller of Customs and Excise and the Chief of Naval Staff were interrogated by a Committee from the National Assembly but could not account for the disappearance of the ship which was allegedly involved in a crime in the country. Only for a subsequent investigation by the State Security Service to reveal that two Senior Officers of the Nigerian Navy, Rear Admiral Francis Agbite and Rear Admiral Samuel Kolawole were behind the disappearance of the ship, MT African Pride, and were dismissed on January 2005. Infact, the numerous incidents of oil bunkering activities perpetrated in the Nigerian territorial waters can only be effectively checked if the Nigerian security operatives stop collaborating with the perpetrators. 

The last proof of the destructive effect of corruption on the security system of Nigeria, is the ugly incidents that occurred at Minna in 2010, when one Kabiru Sokoto, suspected to be the leader of Boko Haram mysteriously disappeared in custody of the Nigeria Police at Minna, only to be arrested subsequently at Mubi in Adamawa State, following the assistance of officers of the State Security Service (SSS). This incident, led to the sack of the then Inspector General of Police, Hafitz Ringim and other high profile police officers. It is also corruption and lack of transparency in the management of funds allocated by the state for the payment of salaries and other emoluments that led to the first industrial action by officers of the rank and file of the Nigeria Police in 2005. This incident led to the removal of the then Inspector General of Police, Mr. M.O.U. Smith by President Olusegun Obasanjo.

3) THE COLLAPSE OF BASIC INFRASTRUCTURE: 

a) The Transport System: Corruption more than anything else is responsible for the collapse of the basic infrastructure in the country such as the railway system which used to be the cheapest means of transportation in the country but has today grounded to a halt. The evil has also destroyed the aviation sector resulting to its poor performance and series of air-crashes by Nigeria’s Aeroplanes leading to their being blacklisted from flying into the airspace of many countries in the world like Britain. Next, the power sector which is a source of life and business transaction has remained epileptic even though substantial sum has been sunk into this sector by the state to revitalize it, yet there is nothing to show at the end of the day in terms of consistent power supply justifying the stupendous sum expended by the state in the sector, on this point, that corruption is a factor for the destruction of the power sector. The Source Magazine reported that: “a large chunk of all the billions pelted at power sector between 1999 to 2007 simply developed legs and walked into private pockets...”. This means that, irrespective of much that have been expended by the state to enhance the quality of power supply in the country, corruption has prevented success that would have been recorded in that regard.

b) Health Sector: The health sector of Nigeria is currently in a bad state due to inadequacy of the desired health facilities and drugs. The country’s hospitals are reduced to “mere consultancy clinics”, with no required drugs and health management equipment. Attempt by the state to improve the health sector has been thwarted by no other factor than corruption. In 2004, it was discovered that the Federal Government spent millions of dollars to purchase a Radiographic equipment for the University College Hospital Ibadan, the Mammography machine was to be used in dictating and treatment of cancer. However, after four years of its installation by an engineering firm, Vamed, the machine did not function a single day and yet huge sums of public funds went into the contract. Despite complaints from the Hospital Authority, the Federal Government did not do anything to bring the contractor to book for supplying a machine that was unfit for the purpose it was purchased.

c) The Railway System: On the destruction of the railway system, it was revealed in 2008 that about N125 billion was used by the state in awarding contracts for the modernization and expansion of the railway system in the country. Following the report, President Yar’Adua, set up a committee to review the contracts that were awarded to improve the rail sector under President Olusegun Obasanjo’s administration. It was discovered that the contracts involved many procedural errors such as lack of competitive bidding, inflation of the contract price. Currently, most of the major sectors of Nigerian economy such as refineries, Ajaokuta Steel Complex, Cement plants, Fertilizer blending plants, Aluminium Smelter Company have collapsed and have become commercialised or privatised, which in turn are purchased by persons who have become rich by stealing public funds or by such group of companies who are active collaborators of those in public service.

d) Degrading and Dehumanizing Treatment on Nigerians in Many Foreign Countries: The next negative effect of corruption in Nigeria is the battered image it has given to Nigeria and Nigerians abroad. On account of corruption, Nigerians are subjected to degrading and dehumanizing treatments at many International Airports and in many foreign countries, while similar treatments are not extended to citizens of other countries that are not adjudged to be corrupt as Nigerians. On this, Justice Uwaifo JSC provides a lucid insight in Attorney General of Ondo State vs. Attorney General of the Federation, [see (2002) 9 NWLR (PT.772) p.22] as follows: “in foreign countries Nigerians are regarded and treated as corrupt people unlike other Nationals, no bank would allow Nigerians to open a bank account as of right. The Nigerian Green Passport is synonymous with corruption. Consequently, at Foreign Airports, Nigerians with green passports are separated from other Nationals. While others are allowed to go freely, Nigerians are subjected to degrading and inhuman treatment and treated as pariahs on the ground that they are Nigerians who had come from the most corrupt country”. 

e) External Debts: Also the external debt problem, which Nigerian has grabbled with for a long time, is a product of corruption. In most of the debts, there are no records to establish the authenticity of these debts, due to collaboration and connivance of Nigerian public officers that represent the country in reaching those agreements. To confirm the above, Akinboye maintained that: 

“There have also being instances in which external source loans were diverted to private hands while privately initiated loans have, in other cases, been contracted by past military leaders in the country’s name. Similarly, corrupt politicians and military dictators have, over the years used a variety of conduits to systematically hijack the proceeds of the national wealth with invoicing fraud. Over-invoicing in particular, serves as a conduit pipe to siphon resources away from the country. Import licences, because they provided success to foreign currencies, were frivolously used as patronage to reward political service. The practice had a serious impact on the nation’s foreign reserves and external debt”.

 

CONCLUSION AND RECOMMENDATION:

Corruption, though prevalent here, is not indigenous to Nigeria. Corruption is as old as the world. Former Britain to the United States of America, South Korea, and Brazil, presidents and other high government officials have been convicted of corruption.

The difference is the level of corruption and the people’s attitude to the menace. In 2020, the Transparency International ranked Nigeria 150 out of 180 countries it rated on its Corruption Perception Index. In the same vein, the World Bank placed Nigeria in 169th position on its Ease of Doing Business ranking. It shows we have a long way to go and a lot of hard work to put in. Thus , it is a lost battle.

While it is easy to point accusing fingers at the governing elites in public and private sectors, we must all embark on individual soul searching from the highest to the lowest rung of the social-economic stratum. From the clerk who would never be able to trace your file unless you grease their palms, to security men who would not let you in or claim that “oga no dey” if you are not the type that parts with “kola” each time you visit, the penchant for corrupt enrichment is definitely not the exclusive malaise of the rich and influential.

Procurement managers in public and private establishments who have mastered the art of contact inflation and over-pricing; traditional rulers who confer chieftaincy titles on known criminals and corrupt person; religious leaders and institutions that honour the corrupt are also as guilty as those highly influential persons who clear billions with a stroke of the pen or public office holders who cart away public resources under the cover of Security Vote.

Section 15(5) of the 1999 Constitution (as amended) states the “The State shall abolish all corrupt practices and abuse of power”. However, the arduous responsibility of abolishing all corrupt practices and abuse of power can never be possible without the right political will and cooperation by Nigerians. The political will to fight corruption must be blind to political affiliation, friendship, ethnicity, religion, and family. It must not only be immune to selectiveness, parochialism, nepotism, and double standards, but must be able to command the goodwill, support, and legitimacy required to win the battle.

Strong, independent, decentralized, and impartial anti-corruption agencies operating within clearing established rules and tradition will give hope to all citizens, elicit public support, and offer a challenge to public servant to adopt honesty and probity as their guiding principles.

Nigeria needs and rightly deserves anti-corruption model that will discharge conscientiously, efficiently and honesty the responsibility of attacking corruption. We need systemic changes that will remove the activities of anti-corruption agencies from the shifting sands and ever changing moods of powers that be and place them on the solid bedrock of the law where personal animosity, vengeance and recrimination, selective targeting of political opponents and vocal critics of government will find no sanctuary.

I have raised issues and concerns that will provoke further debates and good faith discussions about the best way to fight and win the war against corruption. Ignoring the concerns raised in this paper is dangerous and a sure path to chaos. I pray that God will give us the wisdom and the courage to do the right thing.

Once again, I thank the Nigerian Bar Association (NBA) Bwari Branch the (Cradle Bar) for this great sbymposium. I thank you all, once again, for your time and attention.