Is Nigeria really fighting to win the anti-corruption war?. Presidential body language, “string-puppetting” and selective prosecutions
DOI | https://doi.org/10.1108/JFC-08-2019-0109 |
Pages | 601-617 |
Date | 28 January 2020 |
Published date | 28 January 2020 |
Author | Agaptus Nwozor,John Shola Olanrewaju,Segun Oshewolo,Modupe Bosede Ake |
Subject Matter | Financial crime,Financial risk/company failure |
Is Nigeria really fighting to win the
anti-corruption war?
Presidential body language, “string-puppetting”
and selective prosecutions
Agaptus Nwozor,John Shola Olanrewaju,
Segun Oshewolo and Modupe Bosede Ake
Department of Political Science and International Relations,
Landmark University, Omu Aran, Nigeria
Abstract
Purpose –The purpose of this paper is to evaluate the seeming paradox that underpins Nigeria’swaron
corruption. This paradox centres on the undue interference of the presidency in the war against corruption. This
interference has resulted in selective prosecutions and a deceleration in the tempo of the anti-corruption crusade.
Design/methodology/approach –The study used an admixture of primary and secondary data to
evaluate whetherindeed Nigeria is fighting against corruption to win it. Theprimary data were derived from
key informant interviews. A total of ten diverse experts were interviewed through the instrumentality of
unstructured set of questions, which were administered to them with room for elaboration. The secondary
data were sourcedfrom archival materials.
Findings –The findings of the study centre on three key issues: a characteristic one-sidedness in the
prosecution of alleged corruption offendersby the anti-graft agencies. Those with pending corruption cases
who have decampedto the ruling All Progressives Congresshave had their cases placed in abeyance.There is
evidence of the politicisation of the war against corruption as well as evidence of weak institutionalisation,
which robs the anti-corruptionagencies of the capacity to act independently.
Practical implications –The anti-corruption war may likelybe derailed if the operational efficiency of
the anti-graftagencies is not enhanced and their independence guaranteed.
Social implications –If the anti-corruptioncrusade fails, it will have multiple negativedomino effects on
nationaldevelopment and quality of life of the Nigerian people.
Originality/value –The paper is originalbecause no recent study has interrogated the declining efficiency
of Nigeria’santi-graft agencies or linked this decliningefficiency on weak institutionalisation and interference
from the presidency.
Keywords Corruption, Anti-c orruption, Code of conduct,
Economic and financial crimes commission (EFCC),
Independent corrupt practices and other related offices commission (ICPC), Nigeria
Paper type Research paper
Introduction
The pandemic nature of corruption in Nigeria has attracted several studies and scholarly
outputs (UNODC, 2016). There is no argument about the pervasiveness of corruption in
Nigeria’s body politic and its detrimental impactson national development. Although there
is no holistic data on the quantum of capital flight from theNigerian treasury as a result of
corruption, the former chairman of the anti-graft agency, the economic and financial crimes
commission (EFCC), Nuhu Ribadu, estimated that between Nigeria’s independence in 1960
and 1999, more than US$380bn had been stolen by its successive leaderships (BBC, 2006).
Presidential
body language
601
Journalof Financial Crime
Vol.27 No. 2, 2020
pp. 601-617
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-08-2019-0109
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1359-0790.htm
Recent estimates put the amount stolen under former president Goodluck Jonathan at US
$32bn (Sahara Reporters,2017).
Notwithstandingthe general recognition of corruption as a major problem in the country,
no administration gave it a pride of place in terms of evolving robust institutional
framework to anchor a robust anti-corruption crusade. Efforts at anti-corruption consisted
of ritualistic symbolism. There wereonly half-hearted, ad hoc administrative efforts during
the military era and the intervening democratic period of 1979 to 1983. However, these
efforts did not yield the required results.On the contrary, corruption flourished during these
periods. It was only in 2000 that the first anti-corruption structure, adequately backed by
law, was institutionalised. Although the independent corrupt practices and other related
offences commission (ICPC)was established in 2000, its counterpart, the EFCC was set up in
2002. And together with the Code of Conduct Bureau (CCB), they have been working to
ensure a corruption-freeNigeria.
Nigeria’s anti-graft agencies, especially the EFCC, have demonstrated the capacity to
fight corruption if provided the right environment. There have been a number of successes
involving the prosecution of some high-level political personalities. There have also been a
number of setbacks in which cases were abandoned, forgotten or withdrawn mid-way,
mainly, as a result of infighting between the EFCC and the attorneys-general. These
setbacks have led scholars and analyststo conclude that either the fight against corruption
is hypocrisy, smokescreen or mere tool to deal with the political enemies of the government
(Folarin, 2014,Patel,2018;Guardian, 2019).
The highpoint in the anti-corruptionwar would include the successes associated with the
arraignment and conviction of Olabode George, former chairman, Nigeria Ports Authority
and five of his Board members and a number of plea bargain deals in which Tafa Balogun,
the former Inspector-General of the Nigerian Police, Lucky Igbinedion, ex-governor of Edo
State, Diepreye Alamiesiegha, former governor of Bayelsa State and Cecilia Ibru, former
managing director of the defunct Oceanic Bank amongst others got light sentences in
exchange for the forfeiture and refund of some of their loots (Mudasiru, 2015;Mordi,2018).
Recently, three former Governors, namely, Bala James Ngilari of Adamawa State, Jolly
Nyame of Taraba State and Joshua Dariye of Plateau State wereconvicted for different jail
terms.
In spite of the highpoints recorded, the majority of corruption cases have either been
forgotten or dropped or allowed to quietly die because of the shift of allegiance by those
concerned. During the tenure of Nuhu Ribadu at the EFCC, and prior to the 2007 general
elections, the EFCC circulated a list of some 135 political office holders that it alleged were
corrupt and had a case to answer. Successive political office holders since then have also
been alleged to have looted their various portfolios but none of them has been convicted as
the majority of them havealigned with the ruling All Progressives Congress (APC).
The trend in the arraignment and prosecution of former political office holders has
shown the predilection of the anti-graft agencies to target those without links with the
presidency, which exposes the class character of the crusade. The most scandalous
manifestations of selectivity and partisanship in the anti-corruption crusade included the
nomination of people with pendingcases in court with EFCC as minister-designates as well
as the reluctance of the ICPC to prosecute lawmakers found to have diverted equipment
meant for the social and infrastructural development of their constituencies (Sanni, 2019;
Alabi, 2019;Guardian,2019).
This paper evaluates the anti-corruption crusade in Nigeria by grappling with the
paradox that underpins it. Various indices, especially those from the Transparency
International, have shownthat the perception of corruption in Nigeria has not got any better
JFC
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