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Anti-Corruption Campaign in Nigeria (1999-2007): the Politics of a Failed Reform Enweremadu, D.U

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Anti-Corruption Campaign in Nigeria (1999-2007): the Politics of a Failed Reform Enweremadu, D.U Anti-corruption campaign in Nigeria (1999-2007): the politics of a failed reform Enweremadu, D.U. Citation Enweremadu, D. U. (2012). Anti-corruption campaign in Nigeria (1999-2007): the politics of a failed reform. Leiden: African Studies Centre. Retrieved from https://hdl.handle.net/1887/20102 Version: Not Applicable (or Unknown) License: Leiden University Non-exclusive license Downloaded from: https://hdl.handle.net/1887/20102 Note: To cite this publication please use the final published version (if applicable). Anti-corruption campaign in Nigeria (1999-2007) African Studies Centre (ASC) Institut Français de Recherche en Afrique (IFRA) West African Politics and Society Series, Vol. 1 Anti-corruption campaign in Nigeria (1999-2007) The politics of a failed reform David U. Enweremadu Published by: African Studies Centre P.O. Box 9555 2300 RB Leiden [email protected] www.ascleiden.nl French Institute for Research in Africa / Institut Français de Recherche en Afrique (IFRA-Nigeria) University of Ibadan Ahmadu Bello University, Zaria www.ifra-nigeria.org Cover design: Heike Slingerland Cover photo: Anouk Batard Printed by Ipskamp Drukkers, Enschede, Netherlands ISSN: 2213-5480 ISBN: 978-90-5448-115-7 © David U. Enweremadu, 2012 Preface: Introduction to the series The West African Politics and Society (WAPOSO) series is the result of an agreement between the African Studies Centre, Leiden, and the French Institute for Research in Africa / Institut Français de Recherche en Afrique (IFRA- Nigeria), based at the University of Ibadan and at the Ahmadu Bello University, Zaria. The series aims at publishing original, cutting-edge research work produced by West African, especially Nigerian, scholars in different fields within the So- cial Sciences and the Humanities, including Political science, History, Anthro- pology and sociology. Nigeria will occupy a central position in the series, but publications on transnational and regional issues will also be included. The series emerged as one of the outcomes of the implementation of new edi- torial policies of IFRA-Nigeria, aiming at ensuring a better visibility to and fa- cilitating global access to scientific publications made in West Africa. This se- ries, in adding the African Studies Center’s record of excellence to the strong academic reputation of IFRA-Nigeria, backed by a network of hundreds of up- coming scholars, is a new opportunity to project and valorize scholarship in Af- rica. Both the quality of the academic content and the accuracy of the language in which it is delivered will be ensured by a combined process of peer-review and thorough professional editorial screening. All books within the series will be available in print and online. The publication of the series is made possible by funding from the French Ministry of Foreign Affairs and the Centre National de Recherche Scientifique (CNRS). Gérard Chouin (IFRA-Nigeria) Dick Foeken (ASC) In memory of my late father, Chief S. O. Enweremadu who provided me with the initial motivation to embark on this project Contents List of tables xi Acknowledgements xiii Acronyms xiv Foreword xvii Map of Nigeria xx 1 INTRODUCTION: CORRUPTION IN NIGERIA - A HISTORICAL CHALLENGE 1 Introduction 1 The Fourth Republic: A new era of reform? 5 Anti-corruption campaign and the logic of rational leaders 7 Historical dynamics of anti-corruption reforms in Nigeria 8 Anti-corruption reform and the new global good governance agenda 10 Anti-corruption war: The role of reformers 12 Conclusion 14 2 THE ESTABLISHMENT OF ANTI-CORRUPTION AGENCIES 15 Introduction 15 The Independent Corrupt Practices and Other Related Offences Commission (ICPC) 16 The Economic and Financial Crimes Commission (EFCC) 26 Conclusion 29 3 JUDICIAL AND PUBLIC SERVICE REFORM 31 Introduction 31 Public service reforms 32 The judicial reforms 49 Conclusion 58 4 INTERNATIONAL CAMPAIGN FOR THE RECOVERY OF LOOTED ASSETS 60 Introduction 60 Nigerian initiatives to recover looted assets from abroad 62 International initiatives to facilitate the recovery of looted assets 67 Conclusion 74 ix 5 ANTI-CORRUPTION AGENCIES AND THE CHALLENGE OF CAPACITY 76 Introduction 76 The ICPC and the war against corruption: A disappointing balance sheet 80 The EFCC and the politics of anti-corruption crusade 96 The judiciary as a drag on the EFCC’s capacity 101 Conclusion 111 6 FEDERALISM AND THE CAMPAIGN AGAINST CORRUPTION 112 Introduction 112 A federal anti-corruption policy and the revolt of federating states 114 A new era of state-based anti-corruption initiatives? Between local autonomy and electoral gimmick 122 Conclusion 137 7 CIVIL SOCIETY AND THE WAR AGAINST CORRUPTION 138 Introduction 138 The concept of civil society 140 Nigerian civil society in an era of good governance 148 Conclusion 173 8 CONCLUSIONS 175 Weak capacity and inadequate political support for anti-corruption institutions 176 States’ and local governments’ resistance to the anti-corruption project 179 Weak civil society engagement in the war against corruption 180 Direction for future reforms 181 Annex I: List of commisions of inquiry on corruption (1999-2005) 183 References 185 x List of tables 4.1 Details of withdrawals effected at the Central Bank of Nigeria 63 4.2 Estimates of Abacha funds frozen in Western banks as at July 2000 (US$) 65 4.3 List of Swiss banks holding Abacha funds 70 5.1 Index of performance of the ICPC (July 2005) 80 5.2 Budgetary allocation and staff strength of ICPC (2000-5) 82 5.3 Geographical distribution of court cases initiated by ICPC (March 2005) 83 5.4 Comparative performance of the ICPC and the EFCC 98 5.5 Performance index of the Independent Commission Against Corruption of Hong Kong (1999-2003) 102 5.6 Performance index of the Directorate on Corruption and Economic Crime (DCEC) in Botswana (1994-2001) 103 5.7 Performance index of the Zambian Commission Against Corruption (1997-2001) 103 6.1 Federal allocations to Bayelsa and Zamfara (1999-2005) 124 6.2 Comparative socio-economic data for Bayelsa and Zamfara states (2004) 125 7.1 List of anti-corruption NGOs in the Fourth Republic 146-7 xi Acknowledgements The author wishes to acknowledge the encouragement, support, and contributions received from several individuals and institutions in Nigeria and around the world in the course of writing this book. First, I would like to thank profusely all those individuals who volunteered useful information and important data during my field research trips to various parts of Nigeria, especially to the federal capital, Abuja, and states such as Lagos, Oyo, Bayelsa, and Zamfara, to mention just a few. In this category I must men- tion those patriotic Nigerians – who, despite very tight official and personal schedules, took precious time out to grant me interviews and/or offer useful ma- terials – such as Justice Kayedo Eso (Rtd.), former Justice of the Supreme Court of Nigeria and Chairman of the National Commission on Corruption and Eco- nomic Crimes (1989) and of the Judicial Panel on the Reform/Reorganization of the Judiciary (1994); Dr. John O. Magbadelo, former Assistant Director, Office of the Secretary to the Government of the Federation in the Presidency and later Deputy Director of the Federal Ministry of Defence; Mohammed A. Bamalli, Head of Human Resources at the Economic and Financial Crimes Commission (EFCC); Ibrahim Balarabe, staff of the Department of Media and Public Affairs of the EFCC; Rabe Nasir, formerly of the Operations Department of the EFCC and later member of the Federal House of Representatives; Uffem I. Eket, Prose- cutor with the Department of Legal Services of the EFCC; Mike A. Sowe, Head of the Department of Public Education at the Independent Corrupt Practices and Other Offences Commission (ICPC); Nduese Essien, former Chairman of the Federal House of Representatives Committee on Anti-Corruption, National Eth- ics and Values, and later Federal Minister for Housing. Similarly, I wish to thank several representatives of civil society organisations and of some states in Nigeria who assisted with interviews and relevant docu- mentation: Prof. Assisi Asobie, President of Transparency in Nigeria (TIN); Au- wal I. Musa, staff member of TIN; Prof. Alex Gboyega, Department of Political Science of the University of Ibadan and Vice-President of the Convention on Business Integrity (CBI); Robert F.O.N., Research Professor at the Nigerian In- stitute of Social and Economic Research (NISER), Ibadan; Nelson Belief, former Chairman of the Bayelsa State House of Assembly Committee on Ethics and Human Rights and currently member of the Federal House of Representatives; Seilbarugu Werinipre, Chairman of the Bayelsa State House of Assembly Com- mittee on Anti-Corruption and Urban Development; D. Dumaro, Special Adviser xii (Political Affairs) to the Governor of Bayelsa State; E. Ogbe, staff member of the Ministry of Information and Culture and former President of the Bayelsa State Senior Civil Servants Association. I must also acknowledge the help of people such as Ibrahim Na’ayi Salihu, Director of Information Services, Ministry of In- formation of Zamfara State; A.B. Mahmud, Chairman of the Zamfara State Anti- Corruption Commission; Muh’d Sani Takori, Attorney-General and Minister of Justice of Zamfara State; Shikafi S. Chamba, President of the Zamfara Patriotic Alliance; Adamu Mu’azu, Public Relations Officer of Zamfara State Police Command; and Ibrahim Tudu, Secretary-General, Global Network for Islamic Justice, Zamfara State. While outside Nigeria, I also benefitted from the documents, comments, and expertise offered to me by several erudite scholars. Among them were John Heil- brunn, Assistant-Professor at the Colorado School of Mines; Peter M. Lewis, As- sociate Professor at Johns Hopkins University; Nicolas Van De Walle, Professor at the Department of Government, Cornell University; John Peel, Professor at the School of Oriental and African Studies, University of London; Patrick Chabal, Professor of Politics at Kings College, University of London; Dr. Jan Kees van Donge, Institute for Social Studies, The Hague; Stephen Ellis, Research Profes- sor, African Studies Centre, Leiden, and Professor at the Free University, Am- sterdam; Professor Daniel C.
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