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BY EDICHA, OJOCHIDE BLESSING PG/M.Sc./12/63197 THE ENFORCEMENT OF ECONOMIC AND FINANCIAL CRIMES LAWS AND THE REDUCTION OF ECONOMIC AND FINANCIAL CRIMES IN NIGERIA: A FOCUS ON ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) BY EDICHA, OJOCHIDE BLESSING PG/M.Sc./12/63197 A PROJECT REPORT SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE, UNIVERSITY OF NIGERIA, NSUKKA IN PARTIAL FULFILMENT OF THE i REQUIREMENTS FOR THE AWARD OF MASTER OF SCIENCE (M.Sc.) IN POLITICAL SCIENCE (POLITICAL ECONOMY) DEPARTMET OF POLITICAL SCIENCE, UNIVERSITY OF NIGERIA, NSUKKA SUPERVISOR: PROFESSOR KEN IFESINACHI OCTOBER, 2013 ii 3 THE ENFORCEMENT OF ECONOMIC AND FINANCIAL CRIMES LAWS AND THE REDUCTION OF ECONOMIC AND FINANCIAL CRIMES IN NIGERIA: A FOCUS ON ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) BY EDICHA, OJOCHIDE BLESSING PG/M.Sc./12/63197 3 4 Approval Page This is to certify that this project report titled ‘The Enforcement of Economic and Financial Crime Laws and the Reduction of Economic and Financial Crimes in Nigeria: A Focus on Economic and Financial Crimes Commission (EFCC)’ has been examined and approved by the Department of Political Science, University of Nigeria, Nsukka, for the award of Master of Science (M.Sc.) in Political Science (Political Economy) -------------------------------------------- ----------------------------- PROFESSOR KEN IFESINACHI DATE SUPERVISOR ------------------------------------------- ----------------------------- PROFESSOR JONAH ONUOHA Ph.D DATE HEAD OF DEPARTMENT -------------------------------------- ----------------------------- PROFESSOR C.O.T. UGWU DATE DEAN OF FACULTY 4 5 ------------------------------------ ---------------------------- EXTERNAL EXAMINER DATE 5 6 Dedication To God Almighty Who in His infinite Mercy granted me a Joy of actualization And In fond memory of late: Miss. Esther Ojonugwa-Tete Edicha, Even in transition your importance grows stronger; I miss you, dearly Like the rainbow you faded quickly. Your good deeds and memories will live forever. 6 7 Acknowledgements Not everyone who pushes you to the pit is an enemy; and not everyone that pulls you out is a friend, either. Anonymous In the course of this work, prayers, supports, helps, advice, encouragements and challenges from many people served in getting it through. Usually the list is large and cannot possibly be mentioned here. However, I must as much as possible, acknowledge the contributions of those so material. Without the Almighty God, my Creator, Enabler, Helper and Lifter, I could have done nothing (John 15:5). I am thankful to Him for keeping, sustaining and giving me life, wisdom, knowledge and all opportunities for the successful completion of the study. To Him I say “Thank You, Abba Father”. Peace to you, Professor Ken Ifesinachi, for amiably and benevolently supervising my work. Your painstaking tolerance, efforts, direction, wisdom and encouragements aided the outcome of this study. I deeply appreciate the new insights our interactions and your constructive supervision the work. You have been “our Abraham” and bore our burden without discrimination. Live long. You will remain close to my heart, always. Likewise, my very sincere gratitude to Dr. Herbert C. Edeh; he is more than a lecturer to me. He provided the lubricant for the smooth running of the research. His genuine support and encouragement aided the outcome of this research. I am equally indebted to Professors Jonah Onuoha, Aloysius M. Okolie and Dr Jerry Ezirim and all my lecturers for enriching my knowledge. You will always be remembered. I am vastly indebted to my Sister, Mrs Ejura Ejiga who provided me a home and all the comfort I needed from the onset. Thank you so much, may God reward you graciously. Equally, my special thanks to Mr. Aliyu and Mr Basharu A. Faruk, (EFCC) who unconditionally accepted and gave me access to facilities at Green Pastures for the research. God bless you richly. I am eternally indebted to my parents Mr and Mrs Edicha; siblings: Victor, Jacob and Isaiah; your prayers and support cannot be quantified. You are always there for me. May God refresh and replenish you with favours and grace, always. Finally, my deep and wholehearted thankfulness to my friends: Judith Ogbaje, for being a true friend, always sticking closer than a brother; Rev Father Mathew Attah for reassuring thoughts and 7 8 prayers; Yunusa Muhammed for wonderful friendship. And my most special coursemates, may God be with you. Edicha Ojochide Blessing Department of Political science University of Nigeria, Nsukka. 8 9 Abstract Corruption is recognized as the bane of the Nigerian society as it undermines governance. The Economic and Financial Crimes Commission (EFCC) was established to mitigate the menace of economic and financial crimes in Nigeria. This was informed by the upsurge of corruption by government officials and the need to enthrone probity in governance in the country. This study therefore appraises the performance of the Economic and Financial Crimes Commission in reducing corruption in Nigeria. It examines the impact of immunity of public officeholders and the arrests and prosecution of corrupt government officials on the effective enforcement of economic and financial crime laws in Nigeria by the EFCC. It utilized the qualitative method in the collection and analysis of data; while structural functional theory served as the theoretical framework of analysis. The study demonstrated that immunity of public officeholders has not hindered the effective enforcement of economic and financial crimes laws by EFCC in Nigeria. It also revealed that arrests and prosecution of government officials by the Economic and Financial Crimes Commission (EFCC) has not reduced the incidence of corruption among government official in Nigeria. It therefore, concludes that the enforcement of the economic and financial crimes laws in Nigeria by the Economic and Financial Crimes Commission (EFCC) has not led to reduction in economic and financial crimes by public officeholders. It therefore recommends enhancing the independence of EFCC and the passage of the Special Courts (Establishment) Bill to designate specific courts to hear corruption cases to facilitate prosecution of corrupt officials. 9 10 Contents Title - - - - - - - - - i Approval - - - - - - - - ii Dedication - - - - - - - - iii Acknowledgements - - - - - - - iv Abstract - - - - - - - - vi Contents - - - - - - - - vii List of Tables - - - - - - - - ix List of Figures - - - - - - - - ix CHAPTER ONE: INTRODUCTION 1.1 Background of the Study - - - - - 1 1.2 Statement of the Problems - - - - - 7 1.3 Objectives of the Study - - - - - 8 1.4 Significance of the Study - - - - - 9 CHAPTER TWO: LITERATURE REVIEW 2.1 Corruption and Incidence of Corruption in Nigeria - - 11 2.2 Immunity and Political Corruption in Nigeria - - 24 2.3 Arrests and Prosecution of Corrupt Public Officials - - 28 2.4 Gap in Literature - - - - - - 30 CHAPTER THREE: METHODOLOGY 10 11 3.1 Theoretical Framework - - - - - 32 3.2 Hypotheses - - - - - - - 36 3.3 Research Design - - - - - - 37 3.4 Methods of Data Collection - - - - - 37 3.5 Methods of Data Analysis - - - - - 39 3.6 Logical Data Framework - - - - - 40 CHAPTER FOUR: ANTI-CORRUPTION LAWS AND THE IMMUNITY OF PUBLIC OFFICIALS IN NIGERIA 4.1 Anti-Corruption Laws in Nigeria - -- - - 44 4.2 Powers and Responsibilities of the EFCC - - - 56 4.3 Activities of EFCC since Creation - - - - 59 4.4 Immunity and Prosecution of Public Officials in Nigeria - 63 4.5 Executive Immunity under the Nigerian Constitution - 66 CHAPTER FIVE: ARRESTS AND PROSECUTION OF CORRUPT PUBLIC OFFICIALS IN NIGERIA BY EFCC 5.1 Arrests and Prosecution of Public Officials by the EFCC - 74 5.2 Prosecution and Conviction of Corrupt Officials - - 81 5.3 Factors Undermining EFCC Anti-Corruption Efforts - 83 11 12 5.4 Political Interference in Anti-Corruption Cases - - 86 5.5 Judicial Inefficiency and Deliberate Delay in Prosecution of 8 Corrupt Officials - - - - - - 89 5.6 The EFCC’S Own Shortcomings - - - - 92 5.7 Unreliable Partners: The ICPC and CCB - - - 93 CHAPTER SIX: SUMMARY, CONCLUSION AND RECOMMENDATIONS 6.1 Summary - - - - - - - 98 6.2 Conclusion - - - - - - - 103 6.3 Recommendations - - - - - - 104 Bibliography - - - - - -- - 105 Appendix - - - - - - - 111 12 13 List of Tables Table 1: The Cases of Public Officials - - - 78 Table 2: Economic and financial crimes commission (EFCC) a graft advisory list (GAL) of high profile cases involving politically exposed persons in Nigeria - - - - 111 List of Figures Figure 1: A General Diagram of Structural Functionalism - 34 Figure 2: A Structural-Functionalist Understanding of Deviance 35 13 14 THE ENFORCEMENT OF ECONOMIC AND FINANCIAL CRIMES LAWS AND THE REDUCTION OF ECONOMIC AND FINANCIAL CRIMES IN NIGERIA: A FOCUS ON ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) BY EDICHA, OJOCHIDE BLESSING PG/M.Sc./12/63197 14 15 DEPARTMET OF POLITICAL SCIENCE, FACULTY OF THE SOCIAL SCIENCES, UNIVERSITY OF NIGERIA, NSUKKA OCTOBER, 2013 15 16 CHAPTER ONE INTRODUCTION 1.1 Background of the study Corruption is one of the major challenges facing the Nigerian society. It has eaten deep into the fabric of the society. According to Adegbie (2012), corruption and other financial and economic crimes are the bane of Nigerian development efforts. Corruption bestrides the lives of the citizens. The judgment of Transparency International is a reflection of what the nation has given to the world-419, money laundering, inflated contracts, scam mails, illegal oil bunkering, disappearance of ships etc .All these crimes harm Nigerian economy in no small
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