A CRITICAL APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ANTI CORRUPTION CRUSADE IN NIGERIA

ABSTRACT

This dissertation gives an appraisal of the legal regime for combating corrupt practices in the public service of the federation. The objectives of the study are to examine the legal regime for combating corrupt practices in the public service of the Federation. Highlight the merits, demerits, challenges and to proffer some recommendations.
The main problem with the legal regime to combat corruption in the public service is lack of focus on the issues that cause corruption therefore result in failure to apply the appropriate remedies to tackle corruption. Another key challenge affecting the fight against corruption in Nigeria is the location of anti-corruption functions within multiple and operationally diverse institutions, which despite their closely related and even overlapping mandates have limited interface and cooperation and seldom coordinate policies and operations. Other factors affecting the fight against corruption are lack of funding, and bureaucracy.
Furthermore, the immunity clause under section 308 of the Constitution of the Federal Republic of Nigeria precluding prosecution against some members of the public, the system to check those in authority is ineffective to supervise and be a motivating factor for individuals to be honest in their work and the constitutional safeguard for presidential pardon in insufficient to restrict the abuse of the power by the president.
Despite all efforts, Nigeria continues to fall short of the standards and requirements of an effective anti-corruption regime as embodied in regional and global anti-corruption conventions.
It is observed that the legal regime to fight corruption have failed to curb corruption in the public sector. Unfortunately, the trend is that corruption is exacerbating with the passage of time.

INTRODUCTION

Nigeria despite its oil wealth has one of the largest population of poor people on the African continent. Corruption is however the major cause of poverty in Nigeria. Despite more than a decade of civilian democratic rule, Nigeria still faces huge governance and development challenges. Transparency International ranked Nigeria 136 with a score of 26 on its 2015 corruption perception index. Despite efforts made by the government for the past decade to provide a better legal and institutional framework to curb corrupt practices in the public service, there are still major issues with corruption.
Giving the way the practice of corruption has become generally accepted in Nigeria, the research may think it is because there are no laws and institutions to curb corruption. This is not the case. In fact there are several laws that proscribe corruption and institutions to curb corruption in the public sector.