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NG J Social Dev An Open Access Journal DOI: 10.12816/0038066 Vol. 6 (3), 2017 NG - Journal of Social Development Arabian Group of Journals Research Article Homepage: www.arabianjbmr.com Arabian Group of Journals CORRUPTION AND NATIONAL DEVELOPMENT: THE NIGERIAN EXPERIENCE Samson Akpati Nzeribe Department of International Relations and Diplomacy, Baze University Abuja. Nigeria E-mail: [email protected] Phone: 234-7066025461, 234- 8059477384 Abstract This paper brings to the fore the many faces of corruption as it relates to the devastating impact on Nigeria’s socio-economic development. It highlights the failure of leadership of the political cum military elites. It exposes how corruption has eaten deep into every facet of Nigeria’s life. This paper proffers solutions on how corruption, which has continued to be an impediment to Nigeria’s development, may be reduced, and it will be an addition to the numerous papers advising and proffering solutions on how to tackle corruption. Keywords: Corruption, Development, Poverty, Military Introduction Corruption has been a recurring negative phenomenon in the political, economic and in the over-all national development of the Nigerian state. The organizers of the first military coup of 1966 mentioned it as the main reason for the coup. Before then, in the First Republic (1960 – 66), it was the stock-in-trade of the political elites. From the First Republic to the Second Republic (1979-83) through the Third Republic (1999 to date) many politicians have been indicted and found guilty of different levels of corruption. A good number were sentenced to some outrageous prison terms and their properties confiscated. It is on record that some of our earliest nationalists, founding fathers of this nation who fought the colonialists for Nigeria’s independence were indicted at one time or the other by different tribunals for financial impropriety. The most alarming aspect of the phenomenon called corruption in Nigeria is the level and impunity with which it has grown from the 1960’s First Republic through the military era to the contemporary period. There are some notable types of corruption, this paper limits itself mainly with “economics and financial corruption”, i.e, official corruption. It is this aspect that has denied Nigeria the resources that could have gone into National development. The Federal Government has over the years demonstrated tremendous and willing resolve to fighting the menace called corruption by enacting numerous anti-corruption laws through legislation. As observers and legal practitioners have pointed out, the problem has never been the lack of enabling laws but in the willingness and determination to prosecute to a conviction. We are not unaware that these laws and legislation are operated and prosecuted by Nigerians who live and operate within the same system that is under discussion and not saints from outer space. Some argue that the laws might be old and might not be perfect but are in operation. These include: Recovery of Public Property (Specific Provisions) Act 1983. An act to make provisions for the investigation of assets of any public officer who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office or has in any way breached the code of conduct for public officers contained in the constitution of the Federal Republic of Nigeria. Code of Conduct Bureau and Tribunal Act 1991.An act to provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of corruption by public servants for breaches of its provisions. It is a 2 in 1 Act, Part 1, Code of Conduct Bureau, Part 2, Code of Conduct Tribunal. • ISSN: 0189-5958 1 NG- Journal of Social Development (NGJSD) Dishonored Cheques Offences Act 1997. An act that makes it an offence for any person or persons anywhere in Nigeria to induce the delivery of any property purported to settle a lawful obligation by means of a cheque which when presented within a reasonable time is dishonored on the grounds that no funds or insufficient funds were standing to the credit of the drawer of the cheque. Independent Corrupt Practices & Other Related Offences Commission (I.C.P.C. Law 2000). This is an anti- corruption law 2000 that came into effect on the 13th of June 2000. It was enacted to prohibit and prescribe punishment for corrupt practices and other related offences. Economic and Financial Crimes Commission (EFCC Act 2004). This Act provides for the establishment of the EFCC, charged with the responsibility of enforcing all economic and crime laws amongst other things in Nigeria. Advance Fee Fraud and Other Related Offences Act 2005. This is an Act creating offences pertaining to advance fee fraud and other and other related offences, to provide for the arrest and trial of persons who commit such offences and other matters connected. Money Laundering Prohibition Act 2011. This very act repealed an earlier one of 2004. It contains provisions for the prohibition of Money Laundering which has also dented Nigeria’s image in the eyes of the international community. Though these institutions established for the sole purpose of fighting the hydra-headed monster called corruption might be seen to be weak, their establishment and existence give hope that all is not lost yet. The remaining part of this paper is divided into four parts. The first part examines the conceptual perspective generally. The second part gives the research a theoretical x-ray and understanding of corruption in Nigeria. Thirdly, the paper examines the causes of the phenomenon called corruption, even under the military (1966-79, 1983-1999). The fourth part critically analyzes corruption in the political/civilian era (1979-83, 1999-date). This is the era of stealing with impunity and without conscience. Lastly there is the conclusion and recommendations. Conceptual Perspective According to the Oxford Advanced Learner’s Dictionary, corruption is defined as dishonesty which encompasses deceitfulness, fraudulence, lying, untruthfulness, treachery and duplicity. Similarly, the World Bank defines the concept as the abuse of public office or trust for private gain (World Bank, 2000). When critically examined, corruption includes giving or taking bribe to circumvent government and public policies and processes to favor a chosen or predetermined participant or outcome. ‘Corruptus’ is a latin word from where the English word ‘corruption’ is derived from. It means to break or destroy. That is to say in other words, corruption means to break away, depart from morality, ethics and virtues. It is therefore normal and acceptable to define a corrupt entity or individual as one that lacks morale, principle, value, goodness, decency, probity, accountability, honesty and integrity. It then follows that a corrupt minded person, is that person that deviates from societal norms and values, those unwritten codes, ethics, conventions, traditions, habits that make a decent and civilized society. Tanzi (2002:25) defines corruption as the abuse of public power for private benefit. Tanzi (2002) also made a distinction between bribes and gifts since most times we seem not able to separate one from the other. Bribes are disguised as gifts. He wrote that usually there is an element of reciprocity in bribery. The Random House Dictionary (1987) defined corruption as the act of corrupting or state of being corrupt”, moral pervasion of integrity, dishonest proceedings, bribery etc. In its own contribution, the United Nations Organization has this to say of Corruption, “Through experience, observations, information, discussions, reports, newspapers, findings of commissions of inquiry, and of limited socio- scientific studies, one can make an endless descriptive list of instances of corrupt conduct or practices”. In section 2, of the Independent Corrupt Practices and Other Related Offences Commission Act 2000. It is defined to include gratification in return or exchange for undue advantage over other competitors or participants. Bribery, fraud, and similar offences, which means accepting money or any form of favor, theft of state assets and diversion of government revenue and resources into private pockets are amongst the most crippling types of corruption. Conceptually, as stated above, there are varied and different aspects of corruption that makes it difficult to define rather it is easier and better described (Igwe, 2010: 88). The easiest way to explain the reality of corruption in any society or system is perhaps to study and analyze the degrees of manifestation and recurrences. Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law and creating bureaucratic quagmires whose only reason for existing is soliciting of bribes. Economic development is stunted because • ISSN: 0189-5958 2 NG- Journal of Social Development (NGJSD) foreign direct investment is discouraged and small businesses within the country often could not overcome the start-up costs required because of corruption. The description above gives a vivid illustration of corruption and its negative impacts on the society and governments of the world. Because of the emphasis given to the fight against corruption globally, the United Nations has declared the 9th day of the month of December as its “International Anti- Corruption Day”. All member states including Nigeria observe this day yearly. Igwe (2010: 88) opines that corruption occurs in any organized, interdependent system in which parts are either not performing their duties as ethically expected or are performing it abysmally to the detriment of the system’s original intent. Sen (1999) and Atlas (1968) understands it from the sociological viewpoint as the violation of established rules for individual gains and profit. It is a system within a state characterized by bribery, extortion and nepotism. For Kunhiyop (2008: 165) corruption is becoming morally corrupt by indulging in bribery, extortion, fraud, nepotism, outright theft, match-fixing, examination fraud, kickbacks, illegal awarding of contracts etc.
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