“Development and Accountability of Nigeria's Anti-Corruption Initiatives.”
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Running Head: Development and Accountability of Nigeria’s Anti-Corruption Initiatives “Development and Accountability of Nigeria’s Anti-Corruption Initiatives.” Chioma F. Nwogu, ABD Doctoral Candidate [email protected] Adrian M. Velazquez Vazquez, Ph.D. Associate Professor of Public Administration 1950 Third Street, CBPM 118 Department of Public and Health Administration College of Business and Public Management University of La Verne La Verne, CA 91750 909.448.4107 [email protected] Preliminary Draft Manuscript Not for Citation without Express Permission from the Authors Paper prepared for delivery at the International Institute of Administrative Sciences’ 2018 IIAS International Congress Tunis, Tunisia – June 25-29, 2018 Development and Accountability of Nigeria’s Anti-Corruption Initiatives Introduction In 2015, the 2030 Agenda for Sustainable Development was drafted during the meetings celebrating the 70th anniversary of the United Nations (United Nations, 2015). As part of adopting a “historic decision on a comprehensive, far-reaching and people-centered set of universal and transformative goals and targets” (United Nations, 2015, p. 3), the many actors who participated in drafting this agenda for the future recognized, amongst other goals, the need to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels” (United Nations, 2015, p. 14). As part of this initiative, the United Nations also articulated, along with other specific objectives to fulfill that goal, the need to: “- Promote the rule of law at the national and international levels and ensure equal access to justice for all. - By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime. - Substantially reduce corruption and bribery in all their forms. - Develop effective, accountable and transparent institutions at all levels. - Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. - Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime (United Nations, 2015, pp. 25-26)” As one of the utmost hindrances to human growth and public advancement, corruption requires strong public institutions and strict vigilance over governmental processes, especially in developing nations. Whenever deliberate attempts to usurp authority from legitimate agencies occurs, it is necessary to establish clear paths and strong governmental bodies to prevent such endeavors or ameliorate its negative effects. In most economies, however, the development and production of goods and services has been the major function of the public sector (Honest, 2006). With enormous revenues derived from oil and agricultural resources which ought to cater 1 Development and Accountability of Nigeria’s Anti-Corruption Initiatives to the social demands placed on public institutions, lack of accountability and transparent measures have led to great inefficiencies and ineffectiveness in the course of fulfilling the obligations of these agencies (Sekwat, 2002). Unfortunately, due to challenges encountered because of said lack of accountability, citizens all over the world have been exposed to poor or diminished quality of life, leading to an erosion of trust in public institutions. With that premise in mind, the objective of this work is to explore various anti-corruption initiatives implemented in Nigeria after the establishment of a legitimate democratic government. Given the practices of various military regimes in previous decades, anti-corruption measures were needed (Ploch, 2013). Those measures materialized due to increased international scrutiny and mounting domestic pressure to adjust institutional practices and civic life (Ribadu, 2009). Nigeria's chronic problems related to health and public safety have made them dependent on international aid and, as a result, increased the oversight that international actors place on their governmental practices (Gillies, 2009). Consequently, the country engaged in the development of a new paradigm of governance systems to help combat corruption and increase accountability, both internally and to the exterior. Some of the changes included the creation of specific agencies that targeted money laundering operations, fraud, financing of terrorism, and other economic and financial crimes. The implementation of such initiatives began with the formation of the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) in 2000, and continued with the Economic and Financial Crimes Commission (EFCC) in 2004, as well as the creation of other national and international mechanisms to curb corruption. The results, however, have been mixed (CLEEN, 2010). Using a case study approach, this paper aims to explore the following questions: What are the effects of the diverse anti-corruption initiatives in Nigeria? What is the scope of their 2 Development and Accountability of Nigeria’s Anti-Corruption Initiatives attributions and how do they align with the rule of law? Have these initiatives contributed to increased transparency and accountability of governance systems? If so, how? Currently, public perception of these agencies points out to systemic corruption and continuation of past practices, as well as the use of institutions for personal gain and as political tools (Obuah, 2010). Therefore, the aim of this paper is to increase our understanding of the diverse anticorruption initiatives undertaken in Nigeria using a theoretical framework related to State Crimes against Democracy, as discussed by deHaven-Smith (2006, 2010), Witt and deHaven-Smith (2010), as well as Kouzmin, Witt, and Kakabadse (2013). Nigeria’s Historical Challenges with Democracy The menace of corruption is endemic in Nigeria despite the numerous attempts by governments to curtail it. The military coup of 1966 in Nigeria was a direct response from the military to bail the country out from the corrupt practices of the First Republic (Ogbeidi,2012). The overwhelming support from civilians, despite the killings of major politicians, showed that Nigerians were willing to forego democracy if it meant that the country would be delivered from the clutches of corruption (Ogbeidi,2012). The probing of various agencies by the military government showed that various ministers had siphoned funds meant for public agencies into their respective bank accounts, with some even going to the extent of securing contracts for themselves while in office (Okonkwo, 2007). However, suddenly, General Murtala Mohammed, the military administrator was killed, and some of the public administrators who were imprisoned for their misappropriations were freed, hampering the efforts to rid the country of corruption (Afolabi, 1993). What would have been another go at cleaning up public service by General Murtala Mohammed, who took over office as the new military administrator, was a flop as he was 3 Development and Accountability of Nigeria’s Anti-Corruption Initiatives assassinated barely six months after he assumed position as the Commander-in chief of the Federal Republic of Nigeria (Ogbeidi, 2012). As a result, corruption resurged with the advent of the Second Republic due to the widespread availability of funds from oil revenues, as looting of public funds by elected public officials became, once again, common practice. Several claims were made that over $16 billion in oil revenues were lost between 1979 and 1983 under President Shehu Shagari (Dash, 1983). According to Ogbeidi (2012) “It became quite common for federal buildings to mysteriously go up in flames, most especially just before the onset of ordered audits of government accounts, making it impossible to discover written evidences of embezzlement and fraud” A new regime by General Buhari in 1983 violated human rights in its bid to tackle corruption and restore sanity to public life, and thus was overthrown by General Babangida. Unfortunately, corrupt leaders who were found guilty in Buhari’s regime, were released and even regained possession of their confiscated properties (Maduagwu, as cited in Gboyega, 1995, p.5). After an 8-year rule, amidst public outcry, Babangida relinquished power to a short lived interim government that was ousted by the late military dictator General Sani Abacha (Ogbeidi, 2012). Under his rule, full blown corrupt practices became systematic. In a 2009 article by the International Centre for Asset Recovery, it was estimated that illicit acquisition of public funds by Abacha amounted to over $4 billion. As this brief historical recount of Nigeria’s history points out, the implementation of corrupt practices is a vicious cycle in public life, making necessary the design and adoption of measures to combat corruption at all levels of government. Nigeria’s Post-Democratic Government Accountability 4 Development and Accountability of Nigeria’s Anti-Corruption Initiatives During the military era, the country passed various legislations aimed at fighting corruption and financial crimes while attempting to increase accountability. Some of the laws and decrees passed before the beginning of the Fourth Republic in 1999 include: • Investigation of Assets Decree of 1968, which was aimed