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Strengthening of Anti Corruption Commissions and Laws in Nigeria

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Strengthening of Anti Corruption Commissions and Laws in Nigeria View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by D-Scholarship@Pitt STRENGTHENING OF ANTI CORRUPTION COMMISSIONS AND LAWS IN NIGERIA by Fatima Waziri LL.B., Ahmadu Bello University Zaria, 2001 B.L., Nigeria Law School Lagos, 2002 LL.M., St Thomas University School of Law Miami, 2007 Submitted to the Graduate Faculty of the Law School in partial fulfillment of the requirements for the degree of Doctor of Juridical Science University of Pittsburgh 2011 UNIVERSITY OF PITTSBURGH SCHOOL OF LAW This dissertation was presented by Fatima Waziri It was defended on November 21, 2011 and approved by Elena Baylis, Associate Professor, School of Law Roza Pati, Dr. iur, Associate Professor, School of Law Cecil Blake, Ph.D, Associate Professor, Africana Studies Dissertation Advisor: John Burkoff, Professor, School of Law ii Copyright © by Fatima Waziri 2011 iii STRENTHENING OF ANTI CORRUPTION COMMISSION AND LAWS IN NIGERIA Fatima Waziri, S.J.D. University of Pittsburgh, 2011 This S.J.D. dissertation explores the role of law in challenging and curbing public corruption in Nigeria through the use of anti corruption agencies and laws. A comparative approach is used that draws upon development from other jurisdictions to illuminate issues in the Nigerian context. More broadly, this S.J.D. dissertation examined and analyzed the major anti corruption agencies and laws in Nigeria (Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, Code of Conduct Bureau) and their approach towards corruption and democratic process. I also examined the role Freedom of Information Law plays in curbing corruption and promoting transparency, twelve years after the Freedom of Information Bill was first presented to the Nigerian National Assembly, it was finally passed into law May, 2011. iv The main text of this dissertation is comprised of an introductory chapter that defines corruption and related concepts. The next chapter sets the tone of Nigeria as a nation leading into the Nigerian legal system and their jurisdiction in hearing corruption cases. Chapter five introduces the anti corruption agencies in Nigeria, past and present. Chapter six deals with United States of America’s Foreign Corrupt Practices Act (FCPA), its effects on Nigeria and the controversy caused by the exception of FCPA Act called facilitation payment. The last chapter analyzes the present anticorruption agencies and their laws, proffering recommendations and also the Freedom of Information law in Nigeria while drawing developments from India’s Right to Information Act and South Africa’s Promotion of Access to Information Act. v TABLE OF CONTENTS PREFACE.................................................................................................................. xiii List of Tables ............................................................................................................. xi List of Figures............................................................................................................ xii 1.0 INTRODUCTION ......................................................................................... 1 1.1 OVERVIEW OF PROBLEM AND METHODOLOGY .................. 1 1.2 RESEARCH METHODOLOGY ...................................................... 8 1.3 JUSTIFICATION OF STUDY .......................................................... 9 2.0 CORRUPTION AND RELATED CONCEPTS ........................................... 13 2.1 INTRODUCTION ............................................................................. 13 2.2 DEFINING CORRUPTION .............................................................. 14 2.3 PROGRESSION OF CORRUPTION IN NIGERIA ........................ 17 2.4 CAUSES OF CORRUPTION IN NIGERIA .................................... 19 2.5 THE CONSEQUENCES OF CORRUPTION .................................. 27 2.6 CULTURAL ANALYSIS OF CORRUPTION: A STUDY OF THE NIGERIAN CUSTOMARY LAW/CUSTOMS AND ISLAMIC LAW (SHARIA) .............................................................. 31 3.0 THE NATION CALLED NIGERIA: A RENDEZVOUS OF HISTORY .... 42 3.1 INTRODUCTION ............................................................................. 42 3.2 THE NIGERIAN SETTING ............................................................. 45 3.2.1 Southwestern Nigeria ............................................................ 45 3.2.2 Southeastern Nigeria ............................................................. 46 3.2.3 Northern Nigeria .................................................................... 46 3.2.4 Post-Independence ................................................................. 47 3.3 PRESENT DAY NIGERIA ............................................................... 48 4.0 NIGERIA LEGAL SYSTEM ........................................................................ 50 4.1 INTRODUCTION ............................................................................. 50 vi 4.2 FROM THE BEGINNING THERE WAS CORRUPTION! A BRIEF HISTORICAL PERSPECTIVE ........................................ 56 4.3 SOURCES OF NIGERIAN LAW ..................................................... 68 4.3.1 Nigeria Legislation ................................................................ 68 4.3.2 Received English Law ........................................................... 69 4.3.3 Customary Law ..................................................................... 70 4.3.4 Judicial Precedents ................................................................ 76 4.4 GOVERNMENT BODIES ................................................................ 77 4.4.1 The Legislature ...................................................................... 77 4.4.2 The Executive ........................................................................ 78 4.4.3 The Judiciary ......................................................................... 78 4.5 HIERARCHY OF COURTS IN NIGERIA ...................................... 79 4.5.1 Supreme Court of Nigeria ..................................................... 79 4.5.2 Court Of Appeal .................................................................... 80 4.5.3 Federal High Court ................................................................ 81 4.5.4 High Court of the Federal Capital Territory, Abuja .............. 81 4.5.5 Sharia Court Of Appeal of the Federal Capital Territory, Abuja ..................................................................... 82 4.5.6 Customary Court Of Appeal of the Federal Capital Territory, Abuja ..................................................................... 83 4.5.7 High Court of a State ............................................................. 83 4.5.8 Sharia Court of Appeal of a State .......................................... 84 4.5.9 Customary Court of Appeal of a State .................................. 84 4.6 PRIMARY AND SECONDARY SOURCES OF INFORMATION ............................................................................... 86 4.6.1 Primary Sources..................................................................... 86 4.6.2 Secondary Sources ................................................................. 87 4.7 JURISDICTIONAL CONFLICTS IN PROSECUTING CORRUPTION CASES .................................................................... 88 4.8 LEGISLATIONS AGAINST CORRUPTION .................................. 90 4.8.1 Domestic Legislations Against Corruption ........................... 90 4.8.1.1 Constitutional provisions on corruption: The Nigerian 1999 Constitution ................................ 90 4.8.1.2 Code of Conduct Act, 1989 ....................................... 99 vii 4.8.1.3 Nigerian Criminal Code Law Chapter 77: Laws of the Federation of Nigeria 1990 .................. 100 4.8.1.4 Independent Corrupt Practices and other Related Offences Commission Act 2000 ................................ 101 4.8.1.5 Economic and Financial Crimes Commission Act 2004 .................................................................... 102 4.8.1.6 Money Laundering (Prohibition Act) 2004 ............... 102 4.8.1.7 Advance Fee Fraud & Fraud Related Offences Act 2006 .................................................................... 103 4.8.2 Regional Treaties Against Corruption ................................... 103 4.8.2.1 Economic Community Of West African States (ECOWAS) Treaty On Exchange Of Information On Criminal Matters .................................................. 103 4.8.2.2 African Convention On Prevention & Combating Corruption.................................................................. 104 4.8.3 International Convention Against Corruption ....................... 104 4.8.3.1 United Nations Convention Against Corruption (UNCAC) .................................................................. 104 4.9 UNDERSTANDING THE DISTINCTION BETWEEN BRIBE, GIFTS, GREASE PAYMENT, AND FACILITATION PAYMENT ........................................................................................ 106 5.0 A CULTURE OF CORRUPTION ................................................................ 110 5.1 INTRODUCTION ............................................................................. 110 5.2 WHAT IS AN ANTI-CORRUPTION AGENCY? ........................... 112 5.3 EVOLUTION OF ANTI CORRUPTION AGENCIES IN NIGERIA ..................................................................................... 115 5.3.1 Operation Purge the Nation ................................................... 116
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