The Challenges Facing The Economic And Financial Crime Commission (efcc) In Fighting Corruption Among Elected Public Servants

INTRODUCTION

1.0 Background to the Study

The foundation of Nigerian society as a socio-political and economic entity has been deeply affected and continues to be threatened by the persistent issue of corruption. Acknowledging this challenge, the colonial administration incorporated anti-corruption provisions into the laws and constitutions of the various regions during the country's early development. Despite these efforts, corruption persisted across the nation in varying degrees, though it was neither as severe nor as systemic as it is today.

This pervasive issue contributed, directly or indirectly, to Nigeria's first military intervention in politics on January 15, 1966. The regime of Brigadier Murtala Mohammed, which assumed power after deposing General Yakubu Gowon in 1975, accused the previous administration of high-handedness and widespread corruption among senior military officials.

Similarly, Major General Muhammadu Buhari’s military government, which overthrew the civilian administration of Alhaji Shehu Shagari on December 31, 1983, cited corruption as a primary justification for its actions. The same rationale was later given by Major General Ibrahim Babangida when his regime ousted Buhari from office on August 27, 1985.

Nigeria has multiple legislations for controlling corruption. These include: the provisions of the Code of Conduct Bureau and the Code of Conduct Tribunal; the provisions of the 1999 Nigeria constitution; the money laundering Act of 1995; provisions of the Criminal Code, Penal Code, and Criminal Procedure Act among others; the ICPC Act of 2000; as well as the EFCC 2004 Act. There are a number of agencies and statutory bodies for managing corruption in Nigeria. These include: Code of Conduct Bureau and the Code of Conduct Tribunal; the Public Complain Commission; the Independent Corrupt Practices and other related offences Commission (ICPC); the Economic and Financial Crimes Commission (EFCC). It is equally important to note that before the emergence of the EFCC, various mechanisms have been used by various administrations in Nigeria in managing corruption.

Further to above, it is non-arguable that the fight against corruption was never systematic and deliberate until the civilian administration of Olusegun Obasanjo with the emergence of the ICPC and the EFCC. However the inability of the former to effectively secure conviction in the law courts of individuals who Nigerians regarded as high profile corrupt individuals in its first three years of operation brought about some form of discontent among Nigerian itching for justice on these individuals regarded as sacred cows by the society, as well as the desire to redeem the country’s image which was increasingly being dented in the international circle due to corruption resulting to the inclusion of Nigeria into the Financial Action Task Force (FATF) list of non–Cooperative Countries and Territories (NCCTS) in 2002 due to non-domicile of a Financial Intelligence Unit (FIU) in line with FATF laws.  These conditioned the emergence of the EFCC (Enweremadu, 2011:8; Samuel Aju and Elaiwu, 2014:25). The EFCC has the capacity to control corruption in Nigeria due to its wide range of power as well as support internationally, it is considered the most vibrant as far as combating corruption is concerned in Nigeria at least for the time being.  

Thus, it is important to examine the EFCC and its role towards managing corruption in Nigeria. This is because “Nigeria cut an image in the world community as a country where no act of indiscipline would be too despicable to be imagined” (Federal Ministry of Information, 1984:16). Furthermore, “corruption in Nigeria has passed the alarming and entered the fatal stage and Nigeria will die if we keep pretending that she is only slightly indisposed” (Achebe in Agedah, 1993:67).

 The intervention of the military in Nigeria’s politics between 1966 and 1979 saw the foundation of kleptocracy in the nation’s body polity especially the immediate post-civil-war era due to the emergence of the oil boom so that the Gowon’s regime became seriously embattled with the Nigerian public over wide spread corruption within the rank and file of his lieutenants. The Murtala regime’s effort at sanitizing the body polity was short lived. On return to civilian government between 1979 and 1983, the country was plunged into deeper crisis of kleptocracy due to various forms of profligacy by the second republic politicians. On the second coming of the military and afterwards (1984 till date) corruption was developed to its highest possible level so that it has become what can be termed a ‘viable industry’ in that sense in Nigeria. On the other hand, (Ohiorhenuan, 2015:97-125), conceives corruption as the driving force for the evolution of institutions in Nigeria. It is however important to note that the various communities which were brought together to form what is presently defined as Nigeria negated the basic fundamentals of merit in one way or the other. Hence the basic characteristics of present forms of corrupt practices were present in their pristine form in these communities. All these have affected the development of the country in one way or the other. The above and more put the EFCC on the global spotlight due to its efforts at combating corruption in Nigeria.

The present global system is confronted with multiplicity of challenges which threaten the survival of many nation states. One of these challenges is corruption. The viral nature of this phenomenon is such that combating it is consistently proving difficult. The menace is present in varying degrees in different countries at different times. Countries in the Global North and the Global South are scourged by it differently. Nigeria is not an exception to this. The phenomenon consequently brings about economic backwardness, political instability, social insecurity, infrastructural decay, unaccountability, negation of the principle of law, among others. Efforts towards curbing it have suffered various setbacks.

Be that as it may, Africa’s most populace nation (Nigeria) and the worlds eight largest oil exporters is regularly ranked as one of the world most corrupt country. This is because the scourge of corruption has eaten so deep that it has almost become an entrenched tradition in the country. It debilitating nature in Nigeria has been traumatic to the existing socio-economic psyche of Nigerians. In fact, the nation has suffered severe major dysfunctions in diverse ramification of its public and private realms. As such the Economic and Financial Crime Commission becomes an essential institution for fighting and reducing corruption to the lowest minimum. The EFCC is making significant efforts towards effective management and control of corruption in Nigeria. Yet, it appears as if nothing is being done. It is indeed factual that the Agency is faced with multiplicity of challenges in executing this onerous task. It is on this premise that this research will attempt an examination of the EFCC and the challenges it faces in managing corruption among elected public servants.

1.1 Statement of the Problem  

A nation where financial and economic crimes are endemic cannot attain economic stability, growth and development. According to Kristol (2007), the problem is always far more important than devising a solution, for who can define the problem has always exercised a large degree of intellectual sovereignty over the range of possible solutions that must be imagined. 

In Nigeria Public officials take huge bribes and the cost of public goods and services are inflated, government often pays for non-existent goods and services. Even when such corrupt practices are exposed, it has always been played to the gallery and sacrificed at the altar of backside bargaining. Some of the corrupt practices that have characterized and painted the nation black include fraud, money laundering, embezzlement, falsification of financial information, obtaining by false pretense, lack of transparency and accountability among others. These menaces have no small measure and negate economic stability, growth and development in our country. Both the public and private sectors have continued to suffer inefficiency and ineptness. This has brought the pertinent question are there adequate control measures and checks to stem this unpleasant tide (corruption)? 

 However since the emergence of the Economic and Financial Crimes Commission (EFCC) to manage corruption in Nigeria, much cannot be said to be achieved and this is because of the poor and insincere policy conception, formulation and implementation on economic and financial crimes. In other words, inadequate strategies have been responsible for the low achievement recorded in curbing and stamping out economic and financial crimes in the country.

Hence, the Commission maybe said to be confronted with myriad of challenges which include: meddling in its activities by the power elites; unwholesome judicial process; weak anti-graft laws; job insecurity among others.

1.2 Research Questions

1. What are the contributions of EFCC in fighting corruption among elected public servants? 

2. What are the achievements and successes of the commission?

3. What are the challenges facing the EFCC in fighting corruption among elected public servants?

1.3 Objectives of the Study 

The broad aim of this study is to examine the challenges of the EFCC in fighting corruption among elected public servants.

1. To examine the achievements and successes of the commission.

2. To examine the contributions of EFCC in fighting corruption among elected public servants.

3. To examine the challenges facing the EFCC in fighting corruption among elected public servants.

1.4 Significance of the Study

The research work will be a useful  for government  in policy making which will serve as a tool in curtailing corruption and moreover be a source of information, while also bringing to light the extent the activities of EFCC has contributed in the current administration’s fight against corruption. It will also be of great significant in examining the areas of weakness, challenges and how to improve for effective regulation of corruption among elected public servants, thereby solving trending issues or new issues.

On the other hand, this study can help Non-governmental bodies and government parastatals recommendto the government and EFCC on the more appropriate ways to tackle the menace of corruption in Nigeria or formulate more theories and strategies that will enhance the effectiveness of EFCC in the fight against corruption among elected public servants.

It will also contribute to the enrichment of literature on EFCC. In other words, the findings of this study will add to the existing literature on EFCC.

Nevertheless, it will also serve as a body of knowledge to be referred to by researchers interested in conducting research on EFCC. Thus serving as a guide as well as give room for further research and developing more recommendations.

1.5 Scope and Limitations of the Study

 The scope of this study covers EFCC office in Kano, Nigeria. This includes all staffs of the office. However, a study of this nature can be faced with some certain limitations or shortcoming. Therefore, aside the finance and time, the study was faced with some issues that centers around rejection of the data collecting instrument (questionnaire) as a result of some question which one of the EFCC official deemed confidential, delay in returning and misplacement of the questionnaire. This is as some of the respondents left the open ended questions unattended to.

1.6 Definition of Concepts

EFCC: This is an acronym for Economic and Financial crimes commission. It is a commission created by an act of the National Assembly in 2002 and was amended in 2004. It is charged with the responsibility of investigating and enforcement of all laws against economic and financial crimes.

Corruption: Corruption has many dimensions. It involves improper behavior of public office holders such as enriching themselves, friends and loved ones to the detriment of the general populace. It is common place to see public officers divert monies that are meant for projects to their personal use. 

Crime: Crime is a form of a behavior action with the violation of a society. Also crime can be define as an action taken by a person or group of people that violate the rules of a given society to the point that someone is harmed or the interest of that society is harmed.

Elected Public Servants: An elected public servant is one who is voted by the people in other to represent their views and interests while in office which will bring about sustainable development to the society.