THE ANTI-CORRUPTION AGENCIES AND ECONOMIC  DEVELOPMENT IN NIGERIA:  A CASE STUDY OF EFCC

CHAPTER ONE

INTRODUCTION

  • BACKGROUND OF THE STUDY

The greatest bane of development in Nigeria has been a Monumental level of corruption and the pervasive by those who have found themselves at the helms of affairs. This ugly monster called corruption has enmeshed Nigeria polity in a perpetual political instability and economic under development.

Corruption is a phenomenon that is prevalent in Africa Nations Nigeria and indeed developing nations. Many political impropriety, banking fraud a lot of dubious tendencies and manipulations have occurred in Nigeria. Corruption has brought untold scandal and deformation to Nigeria as a nation in the international community. Corruption has become so endemic in our national life that it is found in all its multi-hydra forms. The unpatriotic element in Nigeria have mischievously shamelessly and selfishly looted and siphoned the national treasury.

This act has tremendous, negative implications for developmental and national plan. Funds meant for national development are misdirected to private pockets. Public office holders have openly displayed ill-gotten affluence without shame.

Nigeria has been stigmatized by the international community as the second. Most corrupt country in the world for three consecutive years 2000,2001 and 2002. It has maintained that unenviable position. The rating came up as a consequence of several failed attempt in the past to wipe out corruption or to reduce it to a tolerable level in the polity. From the Jaji declaration in 1977 by Gen. Olusegun Obasanjo, the ethical Revolution of Alhaji Shegari 1981 to 1983, War Against Indiscipline by Gen. Buhari 1984, National orientation Movement by Gen. Babangida in 1986, Mass Mobilization of social justice by Babangida in 1987, War Against Indiscipline and Corruption in 1996 by Gen. Sani Abache, Independent corrupt practices and other related offences by Chief Olusegun Obasanjo in 2000 and Economic and financial crime commission by Chief Olusegun Obasanjo in 2003. This is the first time in series of several efforts to fight corruption that the attempt has the force of law with severe sanctions.

The EFCC is an acronym for economic and financial crimes commission. The commission responsibility of investigating and the enforcement of all laws against economic and financial crimes. The commission is also the designated financial intelligence unit in Nigeria, which is charged with of coordinating the various institution involved in the fight against money laundering and enforcement with economic and financial crimes in Nigeria.

1.2     STATEMENT OF THE PROBLEM

          How fair do anti-corruption Agencies facilitate the efficiency of economic development in Nigeria?

          Why has every other Anti corruption bodies set up to flush out corrupt practices in Nigeria failed.

          Does Anti-corruption Agencies really lead to Nigerian economic Development?

          How have Anti-corruption Agencies helped to achieve stability in Nigeria economic Development?

          The major problem of economic Development in Nigeria is the high level of corruption in the system. Those in the helms of affairs have misdirected the nation’s resources and abused their position. The ugly prodigy called corruption has spoiled/damaged Nigeria polity in a perpetual political instability and economic under development. Corruption has brought untold scandal and deformation to Nigeria as a nation in the international community. This act has a terrible negative implication for economic development of Nigeria. Wealth meant for the development of the country are directed to the individuals packet. We have seen men and women who were nobody before, they assumed public offices, have translated to multi-millionaire over night; have lined their pockets with the scarce resources of the state. We have hyper-inflated road projects where patching pothole on road are done with hundreds of millions, children of public office holders having flash cars on the campuses of tertiary institutions. Corruption in Nigeria, no doubt is the express manifestation of lack of patriotism.

         According to long man Dictionary “corruption is Dishonest, illegal or immoral behaviour especially from some one with power”. Long man Dictionary, 1995 p. 374. The complete Christian Dictionary for home and school defines corruption as “the act of corrupting2 immoral behaviour” Complete Christian Dictionary 1990 p.141. It is explicit from the above definition that corruption pointed to immorality, which includes, misconduct and irresponsibility. According to Adesola as quoted by Olubusola, that “corruption is a breach of rule for the purpose of securing some benefits for one-self or for someone else such benefits may be pecuniary social or psychological” Olubusola 2000 vol. 1 p.91. G. Washington defines corruption to be “The behaviour which deviates from the formal duties of public office because of private regarding wealth or status, gains or violates rules against the exercise of private regarding influence” Washington 1988 p.201. “Corruption has also bee defined by some researches to be related to only bribery and unlawful payments” Ibid p.201. F. Ojaide defines “corruption, as any systematic vice in an individual, society or nation, which reflects favouritism, nepotism, tribalism, sectionalism undue enrichment or a massing of wealth, abuse of office, power, position and deviation of undue gains and benefit” Ojaide 2000. p.18. Corrupt practices include “bribery, fraud, smuggling, illegal payments, money laundering, drug trafficking, falsification of documents and records, window dressing, false declaration, evasion, undue payment, deceit, forgery, concealment, aiding and abetting of any kind to the detriment of another person, community, society or nation” Olubusola opt. Cit p.91. In fact corruption goes beyond mere financial impropriety to encompass other forms of evils. As a matter of fact, corruption is not a new phenomenon in Nigeria situation thus: Corruption is wide spread. It was almost axiomatic that members of the government were rich. It was considered standard practice for federal or regional minister to get a percentage of any new loan or contract being negotiated. “Tips or dash” greased the wheels of a cumbersome bureaucracy. It was the system and everyone played along.

          According to longman dictionary of contemporary English, development is” Ibid p. 270. The gradual growth of something so that it becomes bigger or more advanced. The act or result of making a product or design better and more advanced.

          The process of planning or building new houses office etc on a piece of land” Ibid p. 270. For S.O. Opatola, development is when people participate in the determination of their environment and allowed to choose and use their resources to the maximum capacity” Opatola 1997 p.18. He opines further that “In international context, it demands that economically advanced countries should help the backward ones and ensure that the structure and organization of their own societies are consistent with a good long term global future” Ibid p.15. For Pearson, “development is partly a process whereby a country achieves reasonable self sustaining growth which facilitates and enhances industrial and technological progress in the interest of its people”12. According to Pearson “the application of modern science and technology, reasonable political stability and efficient administration and organization are some of the prerequisite for this type of development”13. Opatola, in this book quoted C.F. Furtade as claiming that economic development being fundamentally a process of incorporating and diffusing new technique implies changes of a structural nature in both the systems of production and distribution of income” Opatola p. 15. Chief Obafemi Awolowo was a ardent advocate of a qualitative and quantitative aspect of development. He prescribed economics objective programmes that are based on socialist ideas. Such ideas are1 equal opportunities for all2. The liberty, dignity and well-being of the individual3. Equitable distribution of national product”5 etc.

          In the past economist thought, that development has a special preserve, but it is now realized that any discussion of development must be done within multi-dimensional process involving the reorganization and reorientation of the entire economic and social systems. According to Zuvekas, economic development is a growth accompanied by change. Change in the structure of the economy, in the economies, social structure and the political structure” Zuvekas 1982 p. 72. Economic development implies a decline in agricultures share of the gross national product and a corresponding increase in the share of such sectors as manufacturing utilities financial institutions. Construction and government administration. For Michael Todaro economic development is “a long term rise in capacity to supply increasingly diverse economic goods to its population, this growth capacity based on advancing technology and the institutional and ideological adjustment that it demands, while economic growth is generally referred by economists as increases, overtime in a country’s GNP succinctly part, economic growth is related to quantitative sustained increases in the country’s per capita output or income with expansion in its efficient labour force, consumption capital and volume of trade”. Todaro 1982 p.112. Lastly it is processary to point out that Nigeria is presently in economic dilemma and development has been hampered in virtually every aspects of our nation building. Except something urgently done to mitigate corrupt practices. It will amount to delusion to economics well-being of the people.

  • OBJECTIVES (PURPOSE) OF THE STUDY

The candial purpose of this work is to high the dangers which corruption posses to undermine national economic development in Nigeria and activities of the Anti-corruption Agencies EFCC in Nigeria economic development. It shall evaluate the idea of economic development in Nigeria and factors that militate against it. The course of corruption and a way out for economic development. The effort of EFCC to the economic development in Nigeria. The effects of EFCC in the economic development in Nigeria. The efforts of EFCC to curb corrupt practices in Nigeria and to salvage the nation from imminent collapse and eventual disintegration. This work will resolve the endemic cause of corrupt practices in Nigeria. Implication of corruption for the economic development in Nigeria. The work shall examine the activities of EFCC for economic development in Nigeria.

  • SIGNIFICANCE OF THE STUDY

This work is to profound solutions in eradication of corruption and corrupt practices within the public and private sectors. How to eliminate corrupt practices and effects to economic development in Nigeria. The impart of EFCC in the economic development in Nigeria. How to sanitize the system free from corruption. The efforts of EFCC to fight corruption and other related offences act in Nigeria. To promote transparency and combat corruption.

  • THE HISTORY OF EFCC IN NIGERIA

Corruption is a phenomenon that is prevalent in Africa nation-Nigeria and indeed to developing nations. Corruption has brought untold disgrace and defamation to Nigeria in the international community.

Corruption has entered into the bone marrow. The history of EFCC in Nigeria was as a result of corruption in Nigeria is strongly rooted in the over 29 years of military rule out of 46 years of the statehood since 1960. Successive military regimes subdued the rule of law facilitated the wanton looting of the public treasury, decapitated public institutions and free speech and instituted a secret and opaque culture in the running of government business. The result was total insecurity, poor economic management, abuse of human rights, ethnic conflicts and capital flight.

The establishment of economic and financial crimes commission (EFCC) was at the cost of failure among several attempt in the past to wipe out corruption or to reduce it to tolerable level in the polity. From the Jaji declaration in 1977 by Olusegun Obasanjo, the ethical revolution of Shegari 1981 to 1983, War Against Indiscipline by Buhari 1984, National orientation Movement by Babangida in 1986, mass mobilization for social justice by Babangida in 1987, War Against Indiscipline and Corruption 1996 by Sani Abacha.

Democracy was restored in Nigeria only in May 1999, with the election of the civilian government of president Olusegun Obasanjo. One cardinal programme of the Obasanjo administration is the fight against corruption and waste in the public service. This, he has demonstrated by the establishment of two major anti-graft institutions, the independent corrupt practices (And other related offences) commission and the Economic and financial crimes commission in 2000 and 2003 respectively. It is important to note that the fight against corruption is situated within the larger economic reform programme of the Obasanjo government, the national Economic Empowerment and development strategy (NEEDS) a home grown medium term poverty eradication strategy. NEEDS is an economic and structural reform programme designed to bring improved macro economic stability, better public expenditure management reduced corruption. Increased transparency and improvement in key sectors, including the financial sector. The government’s target is the promulgation of laws against graft-Economic and financial crimes commission (EFCC) Act 2003, money laundering Act 2004. Strengthening of anti-corruption and other economic crimes institutions for effective law enforcement prosecution and   conviction of high ranking administration officials –judicial and justice sector reforms tracing, seizing and confiscation of all proceeds of crime-public reorientation through targeted advocacy – institution of the due process mechanism in public sector procurements privatization of   federation account to the different tiers of government institution of transparencies in the oil and gas sector through the work of the extractive industries transparency initiative.

The Economic financial crimes commission which is today the arrow head in the fight against corruption in Nigeria was established in 2003 as past of a national reform programme to address corruption and money laundering and in answer to the financial action take force concerns about Nigeria’s Anti-money laundering and combating the financing of terrorism laws. EFCC is an inter-agency commission comprising a 22 member Board drawn from all Nigerian law enforcement Agencies and regulators. The commission is empowered 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, child labor, 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.

  • RESEARCH HYPOTHESIS

HI:     The abuse of Anti-corruption Agency had no adverse effect on economic development in Nigeria.

HO:   The abuse of anti-corruption Agency (EFCC) has an adverse effect on economic development in Nigeria.

HI:     Through the adoption of Anti-corruption Agency (EFCC) there have been no case for economic development in Nigeria.

HO:   Through the adoption of anti-corruption Agency (EFCC) there have been cases for economic development in Nigeria.

  • SCOPE AND LIMITATIONOF THE STUDY

This work shall consider factors that hinder or hamper development and economic development, the implications of corrupt practices and tendencies. It will evaluate the causes of corruption. The evaluation will extend to political misadministration and economic mismanagement. It will feature opinion and effects of prominent personalities on national issues and highlights the menace of poverty and lack of adequate textbooks, lack of available data in the cases of corrupt practices, lack of time to conduct relevant interviews with individuals who are involved in one way or the other and public offices and finally insufficient fund for elaborate research.

  • SOURCES OF MATERIALS

In the process of writing this work, or project a lot of materials will be consulted such as textbooks, journals, magazine, News papers, sources of these materials shall include Ebonyi State University library Abakaliki Ebonyi State library Abakaliki, internet works office of zonal Headquarters of EFCC south East Enugu.

  • THEORITICAL FRAME WORK

Modernization theory:

Modernization theory talks about/provides a frame work through which corruption and corrupt practices rolled out for the stability of economic development.

          Modernization suggests the translation of politicians from their corrupt practices to sanity/sanitize modern state of being. It is a movement from traditionalism to modernity. It is the kind of orientation that African states should drop their own way of life to modern way of life. It is a system where we will drop Greedy to selfless service, to avoid over ambitious and work for transparency, accountability, open door policy and above all, God fearing and fair and just to one another.

POWER THEORY:

          Power theory according to J. Morgenthau power is the capacity of an individual or group of individuals to modify the conduct of other individuals as groups in the manner they desire.” James, (2000) p. 148.

          For Russel, power is the production of intended effects. From the stand of the power theories, power is seen to be power when power is to be control politics and a government can stand both in domestic and international affairs when such government possesses effective power.

          Power may entail an effective control over policy but there exist various means through which this control is made effective power equally can be said to be distributed and aim of political science is to determine how and on what basis it is distributive by R.N. Tawney.

          With regards to the above statement EFCC should use power theory to fight corruption for economic development in Nigeria. Without power theory and modernization theory, EFCC cannot achieve the purpose, which it is established. I will use the two theories, because EFCC was established with law and empowered by an act and EFCC will use modernization theory for transition political from the corrupt practices to sanity or sanitize modern state of being by way of orientation. They have the capacity of an individual or group of individuals to modify the conduct of other individuals as groups in the manner they desire.

  • OPERATIONAL DEFINITION OF TERMS
  1. Anti: is an opposition to somebody or to something; against somebody or something: they are completely anti the new proposals. Anti: opposed to: against:
  1. Corruption: Corruption is dishonest or wicked behaviour. The process of being corrupted. Corruption is the act of asking, giving or taking a fee, gift or favour in exchange for the performance of a legitimate task whereas such gifts or fees should not necessarily be a prerequisite for the performance of a given task. Corruption is an impediment of integrity, values or moral principles.
  2. Agencies/agency: Agency is a business or organization providing a usual specified service: an employment (a travel an advertising) a secretarial agency. Aid refugee agencies. Our company has agencies all over the world. (b) especially use, a government office providing a specified service: The central intelligence Agency.
  3. Economic: (attrib) of or relating to trade, industry and the development of wealth; the government’s economic policy, regional economic/and political affairs. Economic growth/cooperation/ development/reform a slow-down in economic activity, profitable. Economic/Economical is the act of providing good service or value in proportion to the amount of money time, etc spent using no more of something than is necessary.
  4. Development: Development is the action or process of developing or being developed. It is a new stage or event. It is a new product or invention. It is a piece of land with new buildings on it.
  5. Economic Development: Economic Development is economic growth accompanied by change – change in the structure of the economy, in the economics social structure and its political structure”. According to Todaro economic development is a long term rise in capacity to supply increasely, diverse economic goods to its population this growing capacity based on advancing technology and the institutional ideological adjustments that it demands”. Todaro (1981) p. 112. According to Friedman, growth is an expansion of the system in one or more dimensions without a change in its structure, development as an innovative process leading to the structural transformation of social systems. This statement confirms that economic development is related to quantitative change in economic wants, goods, incentives and institutions.

Economic and financial crimes commission (EFCC) is an institution or body that fight against corruption. It is an Agency that fight against and investigate and prosecute financial crimes. The EFCC Act also criminalizes the financing of terrorism and participation in terrorism.

The EFCC is an acronym of Economic and financial crimes commission. The commission’s responsibility of investigating and enforcement of all laws against economic and financial crimes. The commission is also designated financial intelligence Unit (FIU) in Nigeria, which is charged with coordinating the various institutions involved in the fight against money laundering and enforcement of economic and financial crimes in Nigeria.

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