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Title Page Economic and Financial Crimes Commission i TITLE PAGE ECONOMIC AND FINANCIAL CRIMES COMMISSION, ITS POLICIES AND CORRUPTION IN NIGERIA, 2003 TO 2010. ii APPROVAL PAGE This research work has met the requirements of the Department of Political of Science, for the Award of a Masters of Science Degree in Political Science of the University of Nigeria, Nsukka, and is approved. BY ______________________ DATE:_______________ Prof. Miriam Ikejiani-Clark Project Supervisor. ______________________ DATE:_______________ Prof. Obasi Igwe Head of Department. ______________________ DATE:____________ External Examiner iii DEDICATION This research work is dedicated to the memory of my late father, Mr. Simon Okorie Ukanwa, who sent me on this programme but, could not live to welcome me. iv ACKNOWLEDGEMENT Glory be to God Almighty. I am immensely grateful to my supervisor, Prof. Miriam Ikejiani-Clark whose effort ensured the success of this work. Prof. Ikejiani-Clark, your cordial relationship with your supervisees and the students at large, speaks much of your professionalism and kind spirit, I cannot thank you enough. A big thank you to my lecturers, Prof. Obasi Igwe, Prof. E.O. Ezeani, Dr. H.C. Edeh, Dr. Ken Ifesinachi , Dr. A.M.N. Okolie, Mr P.C. Chukwu, and Mr. Ezirim Gerald. To my mother Mrs. Christiana Ukanwa, my siblings (Barrister Hagler, Ogwo, Ndubuisi, Ezinne, Nnenna and Nwanne), my uncles (Sunday and Galaxy and their respective families), my cousins (Dr. Uchenna Ukanwa and family, Ndubuisi, Ege, and the entire Ukanwa Opah’s family), the Ogwo Aka’s family, C.U.Ege’s family, S.U. Chukwu’s family, Austin Okorie’s family, M.C. Ufere’s family, Ogwo Uche’s family, Egbo Agu’s family etc, I appreciate all of you for seeing me through to the end of the tunnel, as the light shines upon me now. To my room-mates, friends and well-wishers: Uzendu Anselem C., Ogbu Ejike C., Adibe Raymond C., Okoye, Kingsley E., Eze Ojukwu Onoh, Anya Okoro Ukpai, Ukeka Chinedu D., Dickson Agwuabia, Chris Onyekachi Omenihu, Oyirinnaya Chukwu, Erimma Agu, Onyekachi Ezeokafor etc. I appreciate the communal living and mutual understanding that exist amongst us. Your company provides me comfort and, makes me feel at home away from home. Thanks to all of you for not deserting me during my darkest moment, you are all indelible memories and God’s sent. I cannot forget Mr. Nevoh Joseph C., please thanks for everything. All the 2009 Post Graduate Students of the University of Nigeria, particularly those from the Department of Political Science, I wish all of you the best. v I extend my gratitude to all the Staff of Nnamdi Azikiwe Library, University of Nigeria, Nsukka for their big assistance. Please bear with me if your name does not appear on this page, our space is limited. Always remember that you will remain on the limitless page of my heart till eternity. Ukanwa, Ogbajie E. Department of Political Science. University of Nigeria, Nsukka . vi ABSTRACT Corruption has remained a thorn on the flesh of Nigeria’s economic, political and, social life in spite of the concerted efforts made to curb the menace by different regimes. In 2002, the Obasanjo’s Regime enacted the Economic and Financial Crimes Commission’s (EFCC) Act, while the Agency commenced duties with its plans of actions (policies) in 2003. Still, corruption was on the increase. The situation raised our concern to carry out a research work to examine Economic and Financial Crimes in Nigeria between 2003 to 2010. This research work has two questions which are: (a) Did EFCC’s activities (policies) strengthen the fight against corruption between 2003 to 2010? (b) Did EFCC effectively succeed in reducing corruption between 2003 to 2010? The two hypotheses tested in this research work are: (a) Political interference in the EFCC’s activities weakened the fight against corruption between 2003 to 2010, (b) Political interference in the EFCC’s policies undermined the EFCC’s effectiveness in reducing corruption between 2003 to 2010. We adopted structural functionalism as our theoretical framework and, used observational technique and qualitative descriptive method as our methods of data collection and analysis respectively. The first hypothesis was tested in chapter three, under the sub-heading, Obasanjo’s Regime (1999-2007), and we found out that such cases as the N81 billion Identity Card scam, the uninvestigated N250, 000 credited into the accounts of the members of the National Assembly, the EI-Rufai’s Privatization scandal, the Julius Makanjuola’s case, the many private establishments owned by Obasanjo etc, which were not investigated by the EFCC due to Presidential involvement, interference and, fear of indictment confirmed our hypothesis that political interference in the EFCC’s activities weakened the fight against corruption. The second hypothesis was tested in chapter four which has the heading- EFCC’s Policies, Performances and Challenges. Under which we found out that the poor position of Nigeria in the Transparency International Corruption Perception Index, the use of the EFCC to destroy enemies and protect associates etc, confirmed our hypothesis that political interference in the EFCC’s policies undermined the EFCC’s effectiveness in reducing corruption. We concluded that EFCC was established to serve the interests of the ‘powers that be’. And that the use of the EFCC to protect the interests of the ‘powers that be’ weakened the EFCC’s activities and, undermined the EFCC’s effectiveness in reducing corruption in Nigeria between 2003 to 2010. We proffered recommendations that, there is need to strengthen the independences of the EFCC and, empower complementary governmental agencies and civil society organizations so as to engender the feelings of ownership of the war. If the government and the EFCC would accept and implement these recommendations, they would enhance the Agency’s (EFCC) effectiveness and efficiency. vii TABLE OF CONTENTS Title Page - - - - - - - - - - i Approval page - - - - - - - - - ii Dedication - - - - - - - - - - iii Acknowledgment - - - - - - - - - iv Abstract - - - - - - - - - - v Table of Contents - - - - - - - - - vi CHAPTER ONE: INTRODUCTION 1.1 Background to the Study - - - - - - - 1 1.2 Statement of Problem - - - - - - - 2 1.3 Objectives of Study - - - - - - - - 3 1.4 Significance of Study - - - - - - - 4 1.5 Literature Review - - - - - - - - 4 1.6 Theoretical Framework - - - - - - - - 10 1.7 Hypotheses - - - - - - - - - 12 1.8 Method of Data Collection and Analysis Method of Data Collection - 12 CHAPTER TWO: THE INSTITUTIONAL STRUCTURE OF THE EFCC 2.1 History of the EFCC- - - - - - - - 15 2.2 Establishment of the EFCC - - - - - - 17 viii CHAPTER THREE: AN OVERVIEW OF THE ANTI-GRAFT POLICIES OF DIFFERENT REGIMES IN NIGERIA 3.1 Anti –Graft Policies under the Military Regime - - - - 22 3.2 Anti-Graft Policies under the Civilian Regimes - - - - 31 CHAPTER FOUR: EFCC’S POLICIES, PERFORMANCES AND CHALLENGES 4.1 The EFCC under Nuhu Ribadu - - - - - - 39 4.2 The EFCC under Farida Waziri - - - - - - 44 CHAPTER 5: SUMMARY, CONCLUSION AND, RECOMMENDATION 5.1 Summary - - - - - - - - - 49 5.2 Conclusion - - - - - - - - - 52 5.3 Recommendations - - - - - - - - 53 BIBLIOGRAPHY - - - - - - - - - 55 APPENDIX - - - - - - - - - 58 ix CHAPTER ONE: INTRODUCTION 1.3 BACKGOUND TO THE STUDY It is no longer news that corruption is a cankerworm that has eaten deep into the fabric of the Nigeria society but, the most worrisome is that it has soiled the character and personality of every Nigerian especially before the comity of nations .Corruption is one serious contagious disease that has endemically and indirectly involved every Nigerian .And this is why Ikejiani- Clark (1995:125) stated that “corruption is institutionalized such that not only that officials are corrupt but corruption is official”. However, since Nigeria’s First Republic collapsed in January 1966 amid allegations of massive corruption, the fight against corruption has developed into an important public policy issue. Thus, the establishment of different Decrees, Acts and Agencies such as the corrupt Practices Decree of 1975, the Code of Conduct Bureau of 1979, the War Against Indiscipline of 1983, the Independent Corrupt Practices and other related Offences Commission (ICPC) of 2000 etc, by different regimes to help fight corruption. In 2002, the Economic and Financial Crimes Commission (EFCC) Act was enacted by the National Assembly under the administration of the former President Olusegun Obasanjo, and was empowered to investigate, prevent and prosecute offenders who engage in corrupt practices both in the public and private sectors (EFCC Act,2002). In April 2003, the EFCC commenced its activities and the Federal Government appointed as Chairman, Nuhu Ribadu. Since its commencement of activities, the EFCC has made several policies to effectively tackle corruption despite the institutional and practical challenges; Nigerians expect high performance from this agency. To satisfy the expectation, this work intends to examine the EFCC’s policies and performance in the fight against corruption with regard to the institutional and practical x challenges. Structural-functionalism will be adopted as the theoretical framework .While, the secondary method of data collection and the qualitative descriptive method of analysis will be employed for this study. 1.4 STATEMENT OF PROBLEM Corruption is part of human failing and poses a serious challenge to Nigeria and her citizens. Corruption exists both in the public and private sectors and, manifests in various forms such as inflationary
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