Fighting corruption war through good governance in African leadership – Nigeria perspective since the 3rd Republic” By Prof Amuda-Kannike, SAN, FCLAP

 
A PAPER PRESENTATION AT THE 2nd LEADERSHIP SUMMIT/INDUCTION/AWARD PRESENTATION CEREMONY OF THE INSTITUTE OF ARTS, MANAGEMENT & PROFESSIONAL STUDIES, HELD AT UNIVERSITY OF UYO, AKWA-IBOM STATE, NIGERIA ON SATURDAY, THE 3RD DAY OF NOVEMBER, 2018.

Presenter: Prof. A. Amuda – Kannike (SAN) FCIAP
Provost, College Of Law, Kwara State University, Malete Via Ilorin, Kwara.
Tel & Email: 08033256756, amudakannikeabiodun@gmail.com
INTRODUCTION
Corruption has been a serious issue in Africa generally and most especially I Nigeria because its demonic nature usually and has and it still causing underdevelopment, poverty, starvation, infrastructural decadence and insecurity/insurrections both in most part of Africa and most especially in Nigeria.
Corruption is said to be the “noun” of the word “corrupt” which connote an “adjective”.[1]The word “corruption is derived from the Latin” word “corruptus”. “Cor” means “heart”, while “ruptus” means “break”. The literal interpretation of the word “corruptus”, therefore, means “break one’s heart”. Therefore, corruption can be safely defined on the basis of derivative connoting a misplacement of virtues, ethos and values which have been institutionalised in the heart.
Furthermore, in the[2]Blacks law Dictionary corruption is defined as;
“An act done to give some advantage, inconsistent with the official duty and right of others. The act of official or fiduciary, person who unlawfully and wrongfully use his position or character to procure some benefit for himself or for another contrary to the duty and the rights of other”.
The Learned Scholar and Senior Advocate of the Federal Republic of Nigeria, [3]Yusuf O. Ali, SAN, stated that;
“Although corruption is a relative concept, being a function of specific normative, social, historical, cultural, economic and political circumstances as well as legal instructions, it is generally understood to entail deliberate malpractices that violate due process and are aimed at personal gain or advantage and selfish-enrichment in violation of the law and at the expense of the common good. The term corruption covers a broad range of wrong doings or corrupt practices that are basically unethical and morally reprehensible, ranging  from giving and raking of bribe, to the use of public office for the advancement of purely private interests, and from the misapplication or misappropriation of public funds to outright fraud and embezzlement”
 
We submit that the above definitions are all encompassing and apt to the point, and we do agree with it as same is self explanatory.
In his own opinion this writer[4]had defined stated that corruption has been identified as the major reason for the arrested development in the country, Corruption is said to be the abuse of bestowed power or position to acquire a personal benefit. Corruption may include many activities including bribery and embezzlement.
The next term, we should look at is; good governance. The term good governance connotes an indeterminate term used in the international development literature to describe how the public institutions conduct public affairs and mange public resources. Governance is the process of decision making and the process by which decisions are implemented[5]
Furthermore, good governance is equally seen as an approach to government that is committed to creating a system founded in justice and place that protects individual’s human rights and civil liberties[6]
Now, looking at the issue of Africa, it is not in doubt that corruption paralyses efforts for the promotion of justice and sustainable peace in Africa. Corruption creates many types of injustice and underdevelopment which has effect on daily activities of citizens and many sectors of the economy[7]
It has been said that corruption continues to harm Africa as it hampers democracy, development and the opportunity to keep the citizenry out of poverty circle. There exists no doubtthat the Africa continent in terms of ranking remains at the lowest level. This can be seen from, Nigeria to Ghana, Zimbabwe, Libya, Togo, Benin, and so many African Countries[8]
 
THE EXAMPLE OF CORRUPTION IN NIGERIA AS A CASE STUDY OF AFRICA CORRUPTION ISSUE
There exist no doubt that the issue of corruption in Africa is a serious epidemic and that there hardly exist any African country that can be exempted. However, these presentation require us to look at the Nigeria perspective since the 3rd Republic, we shall not hesitate to take the issues one after the other as they help us to unravel the dare devil called corruption in Nigeria.
CORRUPTION DEALING WITH CORPORATE BODIES
The corporate institutions in Nigeria cannot be excuse from the corruption activities in Nigeria which good governance in terms of leadership ought to address[9].The political class  facilitate corruption on a large scale through the corporate bodies who are used as ready tools. It can be seen that some of the banks in Nigeria are part of the connivance which eventually made the government to bring in the control machinery of “consolidation” and “BVN” which are policies set in motion to control corruption in Nigeria most especially, after finding put the unlawful transfer of state treasury into foreign account through those banks.
To give credence to the above submission, in the case of REF REP OF NIGERIA VS SIR KINGSLEY IKPE[10], a petition was submitted to the Economic and Financial Crimes Commission popularly called “EFCC” by the D.G of Security and Exchange Commission (SEC). The allegation was that in 2002, the 1st accused, a stockbroker and Managing Director of the 2nd Accused Introduced the complainant/pertinence into the business for the purpose of investing in stocks. The complaint requested for proposal of the stocks which could be bought on the basis of profitability.
The 1st accused brought a proposal recommending that the stocks of three companies namely Nigerian Breweries Plc, Guinness Nigerian Plc and Union Bank of Nigeria Plc but the decision, the complainant took was to concentrate on acquisition on the share of Nigerian Breweries Plc, with the intention that he will become the highest shareholders within a period of two years in order to make in road into becoming member of the board of the company.
Thereafter, between the year 2002 and August of the year 2003, the complainant gave out the sum of N135 million to the Accused persons with the believe that the total stocks he is to purchase should be about 3.7 million units as presented by the Accused persons.
Complainant in August of year 2003 sent his Managers to confirm the figure at the stock exchange but were shocked to notice that the figure found was just 40,000 units. A complainant was lodged with the capital market regulatory authority on the issue. It was discovered that 1st accused actually bought 900,000 shares but was selling them until it remained 40,000 shares. The court decided the Accused persons were guilty.
A further insight into the Corporate World Corruption Syndrome shows that when the leadership in place in Nigeria, allow every professional without banking background to operate and manage banks, there is the tendency to corrupt the banking sector which has been corrupted. The recent example is that of Skye Bank just of recent.
Also, the technological breakthrough has contributed to the high level of connivance with the banks in money laundering whether with private persons or with politicians. The international financial system comprises of many hundreds
of thousands of computer screen linked by satellites in instantaneous communication with one another; they are no longer far from each other anymore, they are even closer to each other compared to stalls in a particular village market setting[11]There is over $ 1 trillion US Dollars of foreign exchange moving on everyday which requires only the buttons of the computer to be press. The fraud and unethical practices in the banking sector affects the entire fabric of the Nigerian economy.
CORRUPTION FROM THE POLITICAL DIMENSION
The issue of corruption from the political dimension is disheartening. Most of the political parties are unfortunately within this category because they breed and encourage corruption in various ways as this can be seen during electioneering campaigns. They engage in corrupt practices such as bribing voters and election umpires[12].
The average Nigerianman sees politics as an avenue to success and riches. He believes that unless you are corrupt, it is very difficult for you to succeed in life. We have seen with all due respect, how politicians have even penetrated those in the religious circles such as Pastors and Imams by giving big amount of money to them for support and in most instances, such money/monies are proceeds of corruption.
It is not in doubt that it is the level of corruption that has led to military dictatorship in Nigeria beginning from the first military coup of 1966 which has to do with allegation of corruption against the politicians, and this issue of corruption accounted for so many issue of military taking over of government in Nigeria including so many African countries.
GOVERNMENT EMPLOYEES AND PRIVATE SECTOR
The government employees in Nigeria with all due respect to them are also very corrupt. These however can be accounted for as most government employees which cut across civil servants and public servants who are paid miserable emolument notwithstanding the harsh economic situation. This should not be an accused but it is necessary that our leaders should discourage corruption by makingsure good salaries, emoluments and other allowances are paid as at when due, promptly and same should be adequate.
Furthermore, through the connivance of the private sectors, corruption thrives and the government employees collude together to so act. The Supreme Court in the case of; A.G ONDO VS A.G FEDERATION[13]Hon Justice Ilwais former C.J.N as he then was at 306 paras B-C;
“These submissions in my view, over looked the reality of the situation. Corrupt practices and abuse of power spread across and eat into every segment of the society. These vices are not limited only to certain sections of the society. It is a lame argument to say that private individuals or persons do not corrupt officials or get them to abuse their power. It is right that everyone involved in corrupt practices and abuse of power should be made to face the law in our effort to eradicate this cankerworm. This I believe is the intention of the framers of our constitution.”
CORRUPTION AND LEADERSHIP CRISIS
The leadership style in Nigeria also inflicted a state of affairs where there exist so much greed, corruption and insensitivity to the problems of those that are being governed.
Most Nigerians are subjected to bring deprived of their means and also opportunity of having a decent living condition. It is not in doubt that leaders in Nigeria in general have turned themselves to predators who prey on Nigerians sensitivity, our common heritage, our resources and our future. The question would then be; “can you fight corruption as a leader if you are on your own corrupt?” The answer to that question is that; it is very difficult for a leader to fight corruption if such leader is corrupt or if such leaders agent or privies are corrupt.
In describing the issue of the unfortunate situation herein, Prof Itse Sagay (SAN)[14]took his time to describe the pitiable atmosphere as follows;
“Even the roads, leading from the exploited, abused and polluted oil producing areas are not motor able. So the controllers of the wealth of the oil producing areas of the Niger-Delta are completely indifferent to condition of the people and access roads to the oil – producing colonies. Today, Benin city is cut – off from Lagos and West. This is effect, means that all Niger-Delta and Eastern states have become inaccessible.
We have finally reached a stage when the government of this country appropriates all our oil and other resources, imposes punitive taxes on petroleum products, imposes VAT on services of goods and yet produces no services whatsoever in return to the people of this country. Today, Nigeria is in the worst state of decay, disrepair and dilapidation in its… post independence history. Everything has broken down; our political system, our social cohesion, our pride, dignity, and self – respect, our legal, medical and educational system and our infrastructural facilities have all broken down. The much touted economic reforms exist on the paper without having any beneficial effect on the masses”.
The above submission was made in 2006, but as at today, we can say in reality, there had been some road constructions, road repairs and a little bit of economic reforms, practically, the situation is still not better, the economy is down and abject poverty continue on the increase in most part of Africa including Nigeria.
It is not in doubt that corruption is encouraged through weak leadership in Nigeria. [15]The leadership in Nigeria with all due respect have continuously compromised serving the people. The kind of leadership we have at all tiers of government are the ones that see their position as a route to a mass wealth through looting of government resources and various kick-backs.
The leadership structure we have is not really fighting corruption as it ought to be, what usually takes place is called “window dressing” in the fight against corruption. There are various situations where you can query the fight against corruption and they are as follows;
(i)     The fight against corruption should not be seen as fighting only political opponents. The fight should go round whether you are part of the political party in power or not. There are instances where it has been seen that prosecution were abandoned or no prosecution at all for those who were political opponents before but now part of the ruling party.
(ii)    There were situation where those officers EFCC or security agencies were found in corruption activities but this were swept under the carpet.
(iii)   There exist so many instances where the EFCC would not oppose bail for very important personality and oppose bail for even minor offences on allegation of corruption.
(iv)   Even our court are not spared. corruption cases where bail ought to be granted are not so granted. Prosecution of corruption cases should not turn to persecution because unless citizens believe in the system of the fight against corruption, the war may not succeed or can only succeed partially.
THE AREAS WHERE THE FIGHT AGAINST CORRUPTION HAS BEEN OF IMMENSED BENEFIT
The essence of this work is to examine the essence of the fight against corruption by our leaders and not to criticize alone, having substantially examine the negative side of the fight against corruption, it is better to look at the positive side of corruption equally.
It is important to note that if corruption is allow to thrive, the entire economy and society would have collapsed. The leadership role in Africa and especially in Nigeria can be said to have done well because prior to the 3rd Republic, the level of corruption was at an alarming rate and in most instances, only the police were responsible for handling corruption cases.
Also, the issue of corruption has become popular even if there exist no genuine efforts to fight same by our leaders. The jingles on television, and radio stations have re-awaken knowledge that corruption is bad and the idea of “if you can’t beat them, you should join them, is no longer a good slogan”. The same advertisement and knowledge about how bad corruption can be seen on social media, newspaper and even children in the schools are made to understand that corruption is very bad.
Its unfortunate that the fight against corruption led to the embarrassment of judicial officers in Nigeria. No one is saying that corruption should not be fought by the government against judicial officer but that there should be decency in fighting the same because rubbishing the judiciary of our country, is rubbishing our country also. However, we have seen that judges and lawyers in Nigeria are now very careful in all their dealings. Therefore, we are almost at a point of corruption free judiciary in Africa and most especially in Nigeria.
RECOMMENDATIONS
1.       The government must avoid and resist the temptation of perverting justice or influencing the outcome of court decisions in favour of a serving or past government officer; this no doubt is a way of showing sincerity and political will in the fight against corruption as well as an indication of seriousness and commitment in anti graft war. This action of the ruling government will serve as deterrent to other would be pilferers.
2.       The fight against corruption will require the updating of all relevant law[16], the putting in place of all necessary structures and sanitization of the system to enhance the fight against corruption, strengthen and empower law enforcement, anti-corruption agencies to effectively carry out its function and the national and state houses of assembly must live up to expectation as provided by exposing corruption, inefficiency or waste in government as provided in the constitution.[17]The introduction of anti corruption subject and course in our school curriculum will awaken the consciousness of our youths on the dangers of corruption and its practice, hopefully, this will help reduce corruption in our society as the school and the teaching of the subject is hoped to serve a conscience check start ups. The promotion of an electoral process and system that promotes free and fair election will aid the voting out of a government which promotes corruption and replace such government with one which is committed to the genuine fight against corruption. The media and press freedom must be promoted for a robust participation of the press in the fight against corruption. The anti corruption awareness campaign, education and reporting/disclosure in our work places, schools, homes, families, political parties, etc, could be an panacea in the fight against corruption. The principle of equality before the law should be sustained to ensure that both the high and might are meant to face the law in any corrupt charges.
3.       The creation of equal opportunity for Nigerian citizens in the provision of jobs, basic/essential social amenities and infrastructure, wealth creation, job generation/creation good housing policy aimed at the provision of housing for all both the rich, poor, high or low in the society is one way of improving the human quality of life and ameliorate the condition of Nigerian[18]and personal satisfaction, conducive business environment should be promotes against preferential treatment, favouritism and nepotism[19]and all manner practice that further entrench corruption in our nation is more motivating action in the fight against corruption.
4.       Whistleblowers should be protected so that those who have vital corruption practice or public treasury loot information to disclosure are not deterred for security reason.
5.       Leaders at all level should be exemplary in their conduct, lifestyle, they must be an epitome of modest lifestyle. One expects this living style to stem the growing appetite among some youths for wanton wealth acquisition and affluence at all cost and means. Institutionalisation of the payment of appropriate national remuneration for workers in the private and public sectors in Nigeria[20]that will adequately provide for a family given the current economic reality and stand out as appropriate reward system, this is strongly advocated because it have the potential of reducing the temptation of stealing public funds, increase workers productivity, enable a worker live a decent live, enjoy a level of financial stability, etc.
6.       Attitudinal dimension which involve the development and promotion of right personality, beliefs values, behaviours, and motivation have a significant potential of checking corrupt practice, this responsible rest on every on every family unit to produce a member of its family who is not counted in the statistic of corrupt member of the society. An improved educational system hold the potential of producing good leaders who detect corrupt practice, the poor educational system is one reason while some public office holder steal public funds to educate their children abroad. There exist argument for and against the removal of immunity clause provided in section 308 of the Constitution,[21]the removal of immunity clause which exempts the President, Vice President, Governors and Deputy Governors from prosecution while in office is not conclusively a solution in the fight against corruption because even the clause is removed and a serving President or Governor is made face corrupt charges preferred against them, such public office have the potential to use the tax payers money to influence the outcome of judgment if find a will minister in the temple of justice who will be will to do his bid. There what should advocated is the true independence and strength of our respective political and legal institution that promotes checks and balances in government.
7.       Other factors that need attention in the fight against corruption is Nigeria are the provision of entrepreneurial development and economic empowerment; good and functional health system to reduce the growing medical tourism among some Nigerians particularly those who have to steal public treasury to sustain their trips abroad for medical check-ups and treatment for themselves and most cherished family, the establishment of a working, modern and well equipped healthcare sector can hold an option in the fight against corruption, boosting of the media’s capacity for reporting, investigation, documentation and campaign against corrupt practice and impunity. Professional Institutions such as the Nigerian Bar Association, Institute of Chartered Accountant of Nigeria (ICAN), etc., should support in the fight against corruption[22]. Education have been mentioned earlier but is it imperative to reiterate the need for a working educational system because it is one of the driving factor in human and societal development and each time open the pages of the national daily when you see banks reports on returns on utilization of funds sold to customers each day, week or month you wish the money spent on education abroad applied to our economy to strength the nation’s economy.
8.       The cost of governance in Nigeria without doubt is such a huge cost running to Billions of Naira, yet the Nigeria citizen are yet to get the dividend of democracy as you can still find the trail of abject poverty everywhere, failed infrastructure begging for mercy and attentioneveryday, insecurity, wanton and unwarranted killing of innocent Nigerian citizens[23]the Nigerian government official take pleasant delight in the purchase and riding flashy and exotic cars worth Billions of Naira without regards and concern for the growing level of abject poverty in the nation and the suffering of Nigerians. Top in the list of growing cost of governance is the huge pension scheme of past governors and their deputies yet some of them still earn salary allowances as members of the national assembly.
9.    The provision and allocation of unaccounted millions of naira to the presidency, state governors and top public office holders at different tiers of government in the name of security vote is one innovation with an ingenuity to spend public funds without question on the ground that the expenditure brothers on security issues which is presumably delicate hence do not require public disclosure or explanation. It worrisome that the expenditure of tax payer money should be shrouded in secrecy without the tax payers knowing how the tax they paid is applied in the overall interest of the society, this situation is one which leads to and creates an avenue for the looting and siphoning of the public treasury, according to transparency international’s report security vote fund is said to be ‘synonymous with official corruption and abuse of power’. Katherine Dixon, transparency international said that: ‘Today, security votes are budgetary black boxes that are ripe for abuse by politicians seeking re-election or officials looking to run for political office’. ‘… security votes is providing corrupt official with easy to use and entirely hidden slush fund’ it is reported that the federal-level detailed spending on components recognized as security vote advanced by 43 per cent in the 2018 budget from the year 2017, it further report that the fund are directed into political enterprise or misappropriated completely.[24]
          In demand of transparency and accountability in government it is needful to call for the scraping of security vote, because nobody monitors the state governors the use of this fund by the state governors, again, one wonders the purpose the funds are actually used for with the growing presence of insecurity and killings which leading to a state of humanitarian crisis in different part of the countries. In some states there is no security architecture as indicator of the use of this money, the waste, creation of this drain pipe for conversion and diversion; misappropriation of public fund for be blocked so that this fund can be used for social infrastructural and agricultural development, provision of quality education, better healthcare delivery, portable water, etc,. If for any reason there is need for the appropriation of public fund for security, the expending of such monies should not be the sole duty of the governors or the top government officials who presently receive the money, the expenditure of the money should be subjected to strict supervision and monitoring or alternatively a security commission with transparency and credibility obligation should be created in each state to superintend and account for the use and application of this fund in the overall interest of the society this will save the mockery that is made of and hullabaloo about the security vote.
10.     The fight against corruption at all level can effective where the government, ministries, agencies and various department of government disclose information on its activities and use of public fund, with the activities and expenditure of public domain the public can asking question and hold the accounting inn their expenditure of public fund. This will as well foster transparency in the use of public fund. The public on its part have not lived up to expectation in its role as watchdogs because there are extant laws that provide for access to information in the custody of public institutions especially if the disclosure of such information is in public interest[25]and boards on the violation of any law, rule, regulation or abuse of authority/power and mismanagement, gross waste of public fund and fraudulent activities in public institutions. The judicial arm of government decisions of the court is have a pivotal role to play in strengthening the dissemination of information on government activities, transaction and records with ease as provided in the Freedom of information Act, 2011 by promoting and ensuring obedience and adherence to the letter and spirit of the law hopefully this will help reduce the deliberate refusal and denial of access to information to the public with impunity.
11.     The Economic and Financial Crime Commission (EFCC) is said to have recover a total sum of about 511.9 Billion Naira in the year 2017[26], the EFCC also revealed at a Federal High court it recovered N2.4 billion and one hundred and fifteen thousand Dollars ($115,000) from a former chief of air staff[27], while the EFCC North-East office in Gombe State said it has recovered N130 million from the fallout of the 2015 election looted funds[28], there is also the discovery of an alleged $9million in the home of Ex-Amnesty boss[29]accountability of this laudable recovered loot remain a mystery as there is no clear information as what have happened to the recovered fund and its application for the creation of value added economic benefit or impact in greatly reduction corruption[30]. The lack of conviction of those involved in this act of corruption have not in any way helped in the fight against corruption as the illegal act have continued unabated. One have expected something more result oriented and fruitful in the present administration of the President Muhammadu Buhari in the fight against corruption many believe and are not convinced that the present government is committed in the fight against corrupt practice.[31]with all the billion naira said to have been recovered by the EFCC the Nigeria government is still borrowing to fund budget and finance the development and construction of infrastructure. Nigerians rarely understands what is happening with said recovered or the forfeited funds to the Federal government, all that is heard on electronic and print media is the huge amount of money said to have been recovered and nothing more. This situation has at different quarters amongst Nigerians raised serious concerns on the ability and sincerity of this government to fight corruption. Suffice it to say that, lack proper investigation of the operatives of the EFCC of profile corrupt cases before charging suspects to court depict the skill deficiency of the operative and bring to whether this trail and error investigation process is not calculated at shielding in secrecy corrupt important it can frustrate the prosecution of the suspect.
12.     The fight against corruption demands introspection and frankness to win the confidence of and against the trust of populace to further strengthen their zeal and commitment to participate in the fight against corruption. The government and its anti commitment to must to put an end to their sarcastic response issues that require clarity with respect to funds recovered so that governance and the fight against corruption is not reduce to comedy as corrupt practice have grossly led to neglect, decay of value and poverty in different developing nations. the billions of money siphoned through corrupt practice institutionalized in public institution offends the moral sense of decency, therefore, the desires to know what is happening to the peoples looted funds for transparency and control, the minister of finance, Mrs. Kemi Adeosun yielding to the public demands asked the acting executive chairman of the Economic and financial Crime Commission (EFCC) Ibrahim Magu, to account for the recovered cash from the period of May 2015 to January 2018 where deposited and provided accompanying evidence to that effect[32]. This information will further ensure the anti graft agency is not itself perpetuating the looting or diversion of the recovered fund looted from public treasury as well provide full and independent corroboration to the recovered fund to strengthen the public confidence in the operation of EFCC. This demand by the minister of finance is in nexus with the land mark Judgment by Justice Idris of Federal High Court which order the Nigerian government to publish and accounting for the spending of recovered looted fund from the period of the year 1999. It is expected that this kind of information with the EFCC should be accessible to public[33]for transparency and accountability in the recovery of looted fun and promotion of the fight against corruption.
 
SUMMARY
This work has been able to show what the definition of “CORRUPTION” is using all the available definitions for the purpose of our understanding
We have been able to also provide foot notes and bibliography in this work for easy reference and proper understanding of the work. It also enables us to show that readers can have the opportunity for further ready.
Because of the nature of the topic, we did not only criticize the leaders in Nigeria in relation to the fight against corruption since the 3rd century but we also juxtapose this with the positive side of the leaders in Nigeria in their war against corruption. This is what is called “Constructive Critisms” and not just critisms.
In advocating for a corrupt free society through our leaders efforts in Africa especially in Nigeria, we proffered some for weighty recommendations.
 
CONCLUSION
 As could be seen from the above topic, “Corruption” is a very serious issues which must be properly fought by the leaders in Nigeria. This work will go a long way in the fight against corruption in Nigeria.
 
BIBLIOGRAPHY
A.      CASE LAWS
1        FED REP OF NIGERIA VS SIR KINGSLEY IKPE (2006) 2 EFCLR pg 1
2.       A.G ONDO VS A.G FEDERATION (2002) 9 NWLR (Part 722) pg 222
 
B.      STATUTES
1.       The Administration of Criminal Justice Acts (ACJA) of the Federation and Administration of Criminal Justice Laws (ACJL) of various states need to amended to allow for accommodate the front loading of the evidence of witness in the form of a written disposition on oath and further amendment of the various sections of ACJA and ACJL that perceived as weak and ineffective will facilitate the quick delivery of judgment.
2.       Sections 88(2)(b) and 128(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the national and state house of assembly have a duty to effectively monitor the expenditure of government to ensure that  public funds are nor fraudulently diverted or privately converted as well as, see to it that expenditure are not incurred extravagantly, in violation of budgetary provision or procurement laws. This responsibility should not be left in the hands of the members of the assembly, indeed the Nigerian citizens and all stakeholders have a role to play in this regard in the interest of the nation.
3.       General section 308 of the 1999 Constitution of the Federal Republic of Niger.
4.       Section 2(2) of the Freedom of Information Act 2011, No.4. Although there may limitation in the law and bureaucratic bottlenecks that may hinder access to certain public information that may aid the fight and disclosure of corrupt practice, but as a people we must commence the demand for these information as the demand gather momentum those inn the custody of these information will be left with no option but to release this information to the public for consideration and action. This law no can apply in thestates.
5.       Section 2(2) of the Freedom of information Act, 2011, provide for public institution like Economic and Financial Crime Commission, and others to effect proper organization and maintenance of information in their custody particularly to provide public access to such information, especially once there is no legal bar to its disclosure and publication or fails within section 28 of the Freedom of information Act, 2011. 
 
C.      BOOKS
1.       Dictionary of Strange Derivations, Webster S.E Britania Publications, Belfast, Ireland 1848, 3rd Edition.
2.       Blacks Law Dictionary, 6th Edition by Brian Garner.
3.       Yusuf Ali Esq (SAN); The Role of Civil Society in the Fight Against Corruption in Nigeria: Paper presented at the 9th Edition of the Annual Adekunle Kukoyi Memorial Lecture.
4.       Amuda – Kannike Abiodun (SAN); Criminal Justice System  and the War Against Corruption in Nigeria; Published by Ife Juris Review, Journal of Contemporary Legal and Allied Issues O.A.U, Ile-Ife, Osun State.
5.       The Corporate World in Nigeria on their own are not only involved in corruption but participates actively in it, thereby undermining development and the economy.
6.       Joshua .E. Alobo; Corruption in the Rock, Published by Diamondreal Resources Consult 2006, page 84.
7.       What is happening in Nigerian is the same all over most part of African countries. This is because electoral corruption is a usual characteristic among African politicians.
8.       See THIS DAY, The Sunday Newspaper, October 1, 2006, at page 104.
9.       Ibid; Joshua. E.. Alobo Pg 23-24
10.     The removal of endemic poverty, socio – economic inequality and regression is essential in the fight against corruption because there is a seemingly positive correlation with poverty, socio-economic inequality and corrupt practice; the quest among the citizens for immediate token of personal gain resulting in the electorate selling their votes for peanuts have retarded the economic and political progress of the nation as the voters sell their political power and will to collectively vote out a corrupt government or hold the government accountable and responsible to the citizens.
11.     The existence of a government which advance of the aspiration and serve the interest of all the ethnic nationalities in Nigeria will foster a national spirit and cooperate will and commitment in the fight and promote unity in diversity into a force in the fight unity in one fold and strength to fight corruption in Nigeria.
12.     Therefore, there is the need for the enactment of a New Realistic Minimum Wage Act, because the meager and pitiful minimum wage of N18,000.00 about forty Pounds (£40) per month earned by some workers in private and public sectors can ignite the participation in corrupt practice to make ends meets, as the obvious truth remain that the present economic reality the minimum wage structure is not sustainable for the survival of those in such salary scale in comparison to other countries without cutting corner. Although, the present economic situation and reality is not a suggestion that people should jettison the virtue of contentment, self satisfaction and good moral values and resort to corrupt practice in their bid to survival economic hardship.
13.     These association should strengthen its disciplinary machinery be to discipline it erring members who are found wanting in course of their practice and discharge of duty, or violates their rule of professional conduct, the bodies should as well as collaborate with relevant agencies in the fight against corruption.
14.     This Day, Vol. 28, No 8409, page 1 and 6, Continuous Killings: NLC Seeks State of Emergency Declaration. It is reported that about 901 persons have killed in the Middle Belt part of the country from the month of January to April 2018; ThisDay, Vol. 23, No. 8411, page 1 and 8, 901 Killed in Middle Belt Since January, they have attracted international condemnation and concern, the President of the United States of America, Donald Trump told his Nigerian counterpart President Muhammadu Buhari to do something to the unacceptable and protracted killing of Christians in Nigeria; ThisDay, Vol. 23, No 8412, page 1 and 8, US Concerned About Continuous Killings of Christian in Nigeria, says Trump and; ThisDay, Vol.23, No. 8413, page 1 and 8, Wednesday 2 May 2018, 60 Worshippers Killed in Twin Bomb Attacks in Mubi; ThisDay, Vol.23, No8416, Saturday, 5 May, 2018, page 1 and 6, Again, Suicide Bombers attack Borno State, 7 killed; ThisDay Vol.23, No.8417, Sunday, 6 May, 2018 page 1 and 8, Ortom, 18 of 23, Benue LGs under Siege by Herdsmen: the Governor of Benue State Samuel Ortom said that about 18 of the 23 local government areas of the state are under the siege of attacks by Boko Haram and herdsmen, ThisDay, Vol. 22, No.8418, Monday, 7 May, 2018, page 1 and 10, unidentified gunmen kill 45 in Kaduna, it is reported that 45 persons were killed at Gwaska village in Gwari Local Government Area of Kaduna State with several person inured.
15.     ThisDay, Vol. 23, No.8440, Tuesday, 29 May, 2018, page 8. Transparency Int’t: FG Expanding Use of Opaque $670 Security Vote as Slush Fund.
16.     ThisDay, 13 February, 2018 Vol.23, No.8335, page 17, Five Pointers We’re Losing War Against Corruption, further details and breakdown can be found in this same page.
17.     ThisDay, 28 March, 2018, Vol.23, No.8379, page 57, N22.8b Fraud: How We Recovered Stolen Funds From Amosu, Others, Say EFCC.
18.     ThisDay; 7 April, 2018, Vol.23, No. 8371, page 55, EFCC Recovers N130M, Prosecutes 9in North-East.
19.     ThisDay, 21 March, 2018, Vol.23, No 8379, page 1 and 10, $9M Cash Allegedly Discovered in Home of Ex-Amnesty Boss, Boroh.
20.     My worry as to the accountability of the record of the fund, custody and the setting of the record straight with regards to the looted fund is because I have a premonition that these fund may be a re-looted, there may be more that meet the eye if the relevant authority do not deliberately lead and support with commitment and transparency, give substantial evidence as to the where about of looted funds, I fear that an unexpected drama may unfold as to improper  record and account of the funds, enhance the need and call for the proper accountability of all looted funds through the provision of open, comprehensive, timely, and freely disclosed real time information readily available and accessible to the public on the funds, the implication of this call is important so that the people will be on guard to ensure that recovered funds is not re-looted in connivance with those who may have the intention of diverting the fund; that way the public will be said to be in the pursue of measure of being the watch dogs of over our common wealth. In his claim to the response to the letter dated February 9, 2018, with reference number: FM/HMF/EFFC/S-EFCC-REC/2018/1 written by the Minister of Finance Mrs. Kemi Adeosun to him to provide clarification recovered cash asset, the EFCC chairman, Mr. Ibrahim Magu did not disclose to the public the Federal Agencies in whose custody is so that these agencies can held accountable for these fund, this situation in itself do not aid public participation in holding government accountable and responsible to its duty and expectation. See, ThisDay, 11 April, 2018, Vol.23, No 8393, page 48, FIRS Commends EFCC over N23bn Recoveries from Banks
21.     Generally ThisDay Vol. 23, No.8335, supra.
22.     ThisDay, 26 March, 2018, Vol. 22, No.8376, page 58, Adeosun Asks Magu to Account for Looted Funds further details of the letter on same page
 
D.      INTERNET MATERIALS
1.       See www.icsq.org.uk; what is good governance; accessed through the net on 24/10/2018 at 3am.
2.       https//en.mwikipedia.org; Good governance; Accessed through the net on 24/10/2018 at 4am.
3.       https://www.transparency.org; How to win the fight against corruption in Africa. Accessed through the internet on 25/10/2018 at 23:59pm
 
 


[1] Dictionary of strange Derivations, Webster S.E Britania Publications, Belfast, Ireland 1848, 3rd Edition.
 
[2]Blacks Law Dictionary, 6th Edition by Brian Garner.
[3]Yusuf Ali Esq SAN; The role of Civil Society in the Fight Against Corruption in Nigeria: paper presented at the 9th Edition of the Annual Adekunle Kukoyi Memorial Lecture, organized by the Institution of Nigeria Surveyors, Lagos State Branch, Page 4.
[4]Amuda – Kannike Abiodun (SAN); Criminal Justice System and the War Against Corruption in Nigeria; published by Ife Juris Review, Journal of Contemporary Legal and Allied Issues O.A.U, Ile-Ife, Osun State. Pages 1076 – 1098
[5]See www.icsq.org.uk; what is good governance; accessed through the net on 24/10/2018 at 3am.
[6]See https//en.mwikipedia.org; Good governance; Accessed through the net on 24/10/2018 at 4am.
[7] M. Robinson; “Corruption and Development; An Introduction; M. Robinson (Ed) Corruption and Development, London; Frank Cass, 1998.”
[8]See https://www.transparency.org; How to win the fight against corruption in Africa. Accessed through the internet on 25/10/2018 at 23:59pm
[9]The Corporate World in Nigeria on their own are not only involved in corruption but participates actively in it, thereby undermining development and the economy.
[10](2006) 2 EFCLR page 1.
[11]  Joshua .E. Alobo; Corruption in the Rock, Published by Diamondreal Resources Consult 2006, page 84.
[12]What is happening in Nigerian is the same all over most part of African countries. This is because                            electoral corruption is a usual characteristic among African politicians.
[13](2002) 9 NWLR (Part 722) Page 222
[14]See THIS DAY, The Sunday Newspaper, October 1, 2006, at page 104.
[15]Ibid; Joshua. E.. Alobo Pg 23-24
[16]The Administration of Criminal Justice Acts (ACJA) of the Federation and Administration of Criminal Justice Laws (ACJL) of various states need to amended to allow for accommodate the front loading of the evidence of witness in the form of a written disposition on oath and further amendment of the various sections of ACJA and ACJL that perceived as weak and ineffective will facilitate the quick delivery of judgment.
[17]See, sections 88(2)(b) and 128(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the national and state house of assembly have a duty to effectively monitor the expenditure of government to ensure that  public funds are nor fraudulently diverted or privately converted as well as, see to it that expenditure are not incurred extravagantly, in violation of budgetary provision or procurement laws. This responsibility should not be left in the hands of the members of the assembly, indeed the Nigerian citizens and all stakeholders have a role to play in this regard in the interest of the nation.
[18]The removal of endemic poverty, socio – economic inequality and regression is essential in the fight against corruption because there is a seemingly positive correlation with poverty, socio-economic inequality and corrupt practice; the quest among the citizens for immediate token of personal gain resulting in the electorate selling their votes for peanuts have retarded the economic and political progress of the nation as the voters sell their political power and will to collectively vote out a corrupt government or hold the government accountable and responsible to the citizens.
[19]The existence of a government which advance of the aspiration and serve the interest of all the ethnic nationalities in Nigeria will foster a national spirit and cooperate will and commitment in the fight and promote unity in diversity into a force in the fight unity in one fold and strength to fight corruption in Nigeria.
[20]Therefore, there is the need for the enactment of a New Realistic Minimum Wage Act, because the meager and pitiful minimum wage of N18,000.00 about forty Pounds (£40) per month earned by some workers in private and public sectors can ignite the participation in corrupt practice to make ends meets, as the obvious truth remain that the present economic reality the minimum wage structure is not sustainable for the survival of those in such salary scale in comparison to other countries without cutting corner. Although, the present economic situation and reality is not a suggestion that people should jettison the virtue of contentment, self satisfaction and good moral values and resort to corrupt practice in their bid to survival economic hardship.
[21]See general section 308 of the 1999 Constitution of the Federal Republic of Niger.
[22]These association should strengthen its disciplinary machinery be to discipline it erring members who are found wanting in course of their practice and discharge of duty, or violates their rule of professional conduct, the bodies should as well as collaborate with relevant agencies in the fight against corruption.
[23]See, This Day, Vol. 28, No 8409, page 1 and 6, Continuous Killings: NLC Seeks State of Emergency Declaration. It is reported that about 901 persons have killed in the Middle Belt part of the country from the month of January to April 2018; ThisDay, Vol. 23, No. 8411, page 1 and 8, 901 Killed in Middle Belt Since January, they have attracted international condemnation and concern, the President of the United States of America, Donald Trump told his Nigerian counterpart President Muhammadu Buhari to do something to the unacceptable and protracted killing of Christians in Nigeria; ThisDay, Vol. 23, No 8412, page 1 and 8, US Concerned About Continuous Killings of Christian in Nigeria, says Trump and; ThisDay, Vol.23, No. 8413, page 1 and 8, Wednesday 2 May 2018, 60 Worshippers Killed in Twin Bomb Attacks in Mubi; ThisDay, Vol.23, No8416, Saturday, 5 May, 2018, page 1 and 6, Again, Suicide Bombers attack Borno State, 7 killed; ThisDay Vol.23, No.8417, Sunday, 6 May, 2018 page 1 and 8, Ortom, 18 of 23, Benue LGs under Siege by Herdsmen: the Governor of Benue State Samuel Ortom said that about 18 of the 23 local government areas of the state are under the siege of attacks by Boko Haram and herdsmen, ThisDay, Vol. 22, No.8418, Monday, 7 May, 2018, page 1 and 10, unidentified gunmen kill 45 in Kaduna, it is reported that 45 persons were killed at Gwaska village in Gwari Local Government Area of Kaduna State with several person inured.
[24]ThisDay, Vol. 23, No.8440, Tuesday, 29 May, 2018, page 8. Transparency Int’t: FG Expanding Use of Opaque $670 Security Vote as Slush Fund.
[25]  See, section 2(2) of the Freedom of Information Act 2011, No.4. Although there may limitation in the law and bureaucratic bottlenecks that may hinder access to certain public information that may aid the fight and disclosure of corrupt practice, but as a people we must commence the demand for these information as the demand gather momentum those inn the custody of these information will be left with no option but to release this information to the public for consideration and action. This law no can apply in the states.
[26]ThisDay, 13 February, 2018 Vol.23, No.8335, page 17, Five Pointers We’re Losing War Against Corruption, further details and breakdown can be found in this same page.
[27]  See, ThisDay, 28 March, 2018, Vol.23, No.8379, page 57, N22.8b Fraud: How We Recovered Stolen Funds From Amosu, Others, Say EFCC.
[28]  ThisDay; 7 April, 2018, Vol.23, No. 8371, page 55, EFCC Recovers N130M, Prosecutes 9in North-East.
[29]  ThisDay, 21 March, 2018, Vol.23, No 8379, page 1 and 10, $9M Cash Allegedly Discovered in Home of Ex-Amnesty Boss, Boroh.
[30]  My worry as to the accountability of the record of the fund, custody and the setting of the record straight with regards to the looted fund is because I have a premonition that these fund may be a re-looted, there may be more that meet the eye if the relevant authority do not deliberately lead and support with commitment and transparency, give substantial evidence as to the where about of looted funds, I fear that an unexpected drama may unfold as to improper  record and account of the funds, enhance the need and call for the proper accountability of all looted funds through the provision of open, comprehensive, timely, and freely disclosed real time information readily available and accessible to the public on the funds, the implication of this call is important so that the people will be on guard to ensure that recovered funds is not re-looted in connivance with those who may have the intention of diverting the fund; that way the public will be said to be in the pursue of measure of being the watch dogs of over our common wealth. In his claim to the response to the letter dated February 9, 2018, with reference number: FM/HMF/EFFC/S-EFCC-REC/2018/1 written by the Minister of Finance Mrs. Kemi Adeosun to him to provide clarification recovered cash asset, the EFCC chairman, Mr. Ibrahim Magu did not disclose to the public the Federal Agencies in whose custody is so that these agencies can held accountable for these fund, this situation in itself do not aid public participation in holding government accountable and responsible to its duty and expectation. See, ThisDay, 11 April, 2018, Vol.23, No 8393, page 48, FIRS Commends EFCC over N23bn Recoveries from Banks
[31]  .See, generally ThisDay Vol. 23, No.8335, supra.
[32]ThisDay, 26 March, 2018, Vol. 22, No.8376, page 58, Adeosun Asks Magu to Account for         Looted Funds further details of the letter on same page
[33]Section 2(2) of the Freedom of information Act, 2011, provide for public institution like Economic and Financial Crime Commission, and others to effect proper organization and maintenance of information in their custody particularly to provide public access to such information, especially once there is no legal bar to its disclosure and publication or fails within section 28 of the Freedom of information Act, 2011.
 

Published By: Admin

Hon. CARL UMEGBORO is a legal practitioner (Barrister & Solicitor of the Supreme Court of Nigeria and human rights activist. As an advocate of conflict resolution through ADR (Alternative Dispute Resolution), he has acquired intensive training and has been inducted into The Chartered Institute of Arbitrators (United Kingdom) as an Associate. He is a prolific writer and public affairs analyst. Prior to his call to Bar as a lawyer, he has been a veteran journalist and columnist in all national newspapers, and has over 250 published articles in various newspapers to his credit. Barrister Umegboro is also a regular guest-analyst to many TV and radio programme on crucial national issues. He can be reached through: (+234) 08023184542, (+234) 08173184542 OR Email: umegborocarl@gmail.com

Leave a Reply

Your email address will not be published. Required fields are marked *