ANALYSES OF LEGAL FRAMEWORKS FOR FIGHTING CORRUPTION IN NIGERIA: PROBLEMS AND CHALLENGES

摘要

The objective of this study is twofold: to explore the legal framework for the fight against corruption in Nigeria, and to offer some reform measures for the reduction of corruption in the polity. It is hopeful that the public sector will become more efficient and effective if the recommendations delineated in this analysis are implemented. This is because with a number of empirical studies and theoretical policy debates linking corruption to a series of accountability failures, which lead to socio-economic cum political pathologies, especially, poverty and underdevelopment, transparency and accountability based on this prognosis, are prescribed as palliatives for political corruption, and developmental failures. Framed in the development context, the argument is that accountability is a path to empowerment in terms of both answerability, and enforceability of public duty-bearers to provide information and justification about their actions, and penalties for accountability defaulting, above all, a means of repairing the ‘leaky pipes’ of corruption and inefficiency. Hence channeling national resources more effectively towards result oriented development initiatives. In other words, anti-corruption war was made one of the foremost features of the “effective state”, and a movement for good governance, albeit the latter, not a democratic principle. Realizing that corruption is not, intrinsically a crime, until it is expressly prohibited and made punishable under the law, several anti-graft programmes which include preventive, and punitive measures have been implemented in fighting the scourge of corruption. The paper is structured into various sections. The introduction is closely followed by a literature review on the corruption, theoretical framework of analysis, the legal framework for anti-corruption and the need for government accountability. In order to accomplish the study purpose, the analysis uses an exploratory case method to give a historic synopsis of the Nigerian anti- corruption institutions. In sum, the paper concludes with some recommendations on how to increase accountability in the public sector.