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

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Keywords: 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.

TABLE OF CONTENTS
Abstract – – – – – – – – – – iv
Table of Contents – – – – – – – – – v
Table of Cases – – – – – – – – – viii
Table of Statutes – – – – – – – – – x
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Introduction – – – – – – – – – 1
1.2 Statement of Problem – – – – – – – 4
1.3 Justification – – – – – – – – – 5
1.4 Objective of the Study – – – – – – – 5
1.5 Scope – – – – – – – – – – 6
1.6 Methodology – – – – – – – 6
1.7 Literature Review — – – – – – – – 6
1.8 Organizational Layout- – – – – – – – 15

vii

CHAPTER TWO: CONCEPTUAL ANALYSIS OF TERMS
2.1 Introduction – – – – – – – – 17
2.2 The Meaning of Corruption – – – – – – 17
2.3 Forms of Corruption – – – – – – – 20
2.4 Other Forms of Corruption – – – – – – 23
2.5 Causes of Corruption – – – – – – – 26
2.6 The Effects of Corruption – – – – – – – 33
2.7 Conclusion – – – – – – – – – 37

CHAPTER THREE: LEGAL FRAMEWORK FOR COMBATING CORRUPTTON IN
NIGERIA
3.1 Introduction – – – – – – – – 38
3.2 Penal and Criminal Codes – – – – – – 39
3.3 Auditing General of the Federation – – – – 42
3.4 Public Procurement Act – – – – – – – 45
3.5 Nigeria Extractive Industries Transparency Initiative – – – 50
3.6 Presidential Pardon on Corrupt Public Officers and its Effects on
Combating Crimes in Nigeria – – – – – – 56
3.7 Conclusion – – – – – – – – – 59
viii

CHAPTER FOUR: THE INSTITUTIONAL FRAMEWORK FOR COMBATING
CORRUPTION IN NIGERIA
4.1 Introduction – – – – – – – – 61
4.2 Judiciary – – – – – – – – – 62
4.3 Independent Corrupt Practices Commission – – – – 74
4.4 Economic and Financial Crimes Commission – – – – 84
4.5 The Nigerian Police – – – – – – – – 92
4.6 Public Complaints Commission – – – – – – 99
4.7 Conclusion – – – – – – – – 104

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – – 105
5.2 Findings – – – – – – – – – 107
References – – – – – – – – – 109
a) Bibliography – – – – – – – 109
b) Journals – – – – – – – 113
c) Internet Sources – – – – – – 115

TABLE OF CASES

AHMED VS AHMED & ORS. (2013) LPELR-21143 (SC).- – – -72
ATTORNEY GENERAL OF THE FEDERATION, CODE OF CONDUCT BUREAU
AND CODE OF CONDUCT TRIBUNAL VS ALH. ATIKU ABUBAKAR (2007) 8
N.W.L.R. (PT. 1035) 117 AT 155. – – – – – 73
A.G ONDO STATE AND OTHERS VS A.G OF THE FEDERATION (2013) 1
ICPCLR 254.- – – – – – – – – – -75
AHMED VS FEDERAL REPUBLIC OF NIGERIA (2009) 13 NWLR 536 AT 540
AND 542. – – – – – – – – – -88
ASOGWA VS CHUKWU (2003) 4 NWLR (PT. 811) 540 AT 551.- – -62
BIOBAKU VS POLICE (1951) 20, N.L.R., 30.- – – – – -20
CHIEF PATRICK T. CHIDOLUE VS EFCC (2011) LPELR-CA/A/122/2010.- -87
DANGABAR VS FRN, (2012) LPELR-19732(CA).- – – – -86
ELECHI VS FRN (2013) 1 ICPCLR 1.- – – – – – -79
FRN VS AMEH (2013) 1 ICPCLR 566.- – – – – – -76
FRN VS ANACHE (2013) 1 ICPCLR 617.- – – – – -75
FRN VS AYOADE OGUNSOLA (2013) 1 ICPCLR 868.- – – – -78
FRN VS IGBINEDION & ORS (2014) LPELR -22760 (CA).- – – -91
JOSHUA GUTING VS TUNYANG DAVWANG (2013) LPELR-21921 (CA).- -72

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

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

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