TITLE PAGE

THE FIGHT AGAINST BRIBERY AND CORRUPTION IN

NIGERIA. AN ASSESSMENT OF THE PERFORMANCE OF
ECONOMIC AND FINANCIAL CRIMES COMMISSION
(EFCC)

BY

ABDULKARIM MUHAMMAD MAIGAMO.

KASU/PGDCPSS/POL/19/0031

BEING A RESEARCH PROJECT PRESENTED TO THE

DEPARTMENT OF POLITICAL SCIENCE

KADUNA STATE UNIVERSITY.

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR
THE AWARD OF POST GRADUATE DIPLOMA IN CONFLICT
PEACE AND STRATEGIC STUDIES (PGDCPSS).

MR. KANTIOK BITRUS CHRISTIAN.

SUPERVISOR.

MAY, 2021
i
 Approval Page

This is to declare formally that this research project: The Fight against

Bribery and Corruption in Nigeria. An Assessment of the performance

of economic and financial crimes commission (EFCC), has been

approved for the Department of Political Science, Kaduna State

University (PGDCPSS).

………………………… ………………………

Mr. Christian Bitrus Kantiyok. Date

(Project Supervisor)

……………………….. ………………………

Dr. Kwasau Date

(Head of Department)

………………………. ……………………..
Prof. Aminu Usman

(Dean FSS) Date

 ii.

CERTIFICATION PAGE

Abdulkarim Muhammad Maigamo a Post-Graduate student of the

Department of Political Science (PGDCPSS) with Registration No.

KASU/PGDCPSS/POL/19/0031 has satisfactorily completed the

course requirement and research works for the award of Post

Graduate Diploma in Conflict, Peace and Strategic Studies

(PGDCPSS).

The work embodied in the report is original and has not been submitted in

part or full for any other diploma or degree of this or any other university.

iii.
 DEDICATION

This research work is sincerely dedicated to Almighty Allah for his infinite

mercy and compassion.

iv.
 ACKNOWLEDGEMENTS

A work of this nature could scarcely be possible without the

enjoyment of good health. To Allah who granted his blessing, I give all

the Glory, Honour and Adoration. Amen.

First, from the beginning of this work to its eventual completion, so

many people rendered their remarkable help to me.

Secondly, I sincerely acknowledge the lecturers of the political science

department, Kaduna State University, particularly my able and dynamic

supervisor, Mr. Christian Bitrus Kantiyok, for his inspiration, attention and

readiness to help. May Almighty Allah grant him long life and ever-lasting

wisdom. Also worthy of mention are the Head of department, Dr. Kwasau,

Dr. Yakubu Ja’e, Prof. Ntim Gyakari Esew.

Other prominent persons to whom I am indebted are my parents

Mr./Mrs. Muhammad Maigamo, my sisters, brothers and many more.

I commend all my friends either within the University or faraway

places for their various contributions to the success of this venture.

In the same spirit, I submit my unreserved appreciation to my family

and relations: Mr./Mrs. Clement Eze, Mr./Mrs. Paulinus Eze Mr./Mrs.

Fidelis Onah and many more.

Finally, I thank the typist Onyinye who produced this work on time

as required.

v.
 ABSTRACT

The issues of bribery and corruption have taken a central stage in the polity as a matter of
grave concern to all well-meaning citizens and Nigerian government. This is in view of the
endemic nature of the phenomenon in our society which hinders growth and indeed
development. Concerned with the issue of bribery and corruption, the Nigeria government
has set up the Economic and Financial Crimes Commission (EFCC) and other institutions
designed to combat the malaise and to promote good governance and transparency. The
major objective of the research work is to assess the performance of the Economic and
Financial Crimes Commission (EFCC) in its fighting against bribery and corruption in
Nigeria. Data for the study were generated from both primary and secondary sources. The
instrument for primary data collection is questionnaires, while for the secondary data
collection includes published and unpublished text. Well frame hypotheses are stated for the
purpose of this research. The study also revealed that irrespective of the fact that, the
Economic and Financial Crimes Commission (EFCC) has succeeded in reducing corruption in
the country to some degree, the same Act that created the Commission has, on the other
hand, constituted hindrance to the Commission by creating undue interference from the
Office of the Attorney General of the Federation (AGF) and the Presidency, hence vitiating the
autonomy of the Commission. The inability of other institutions in the temple of justice like
the judiciary to apportioned appropriate punishment to the perpetrators of corruption. The
research work recommends the independence of Economic and financial Crimes commission
(EFCC), removal of immunity clause, improvement in educational infrastructural facilities
and speedy dispensation of justice.

vi
 TABLE OF CONTENTS
Title Page - - - - - - - - - i
Approval Page - - - - - - - - ii
Certification Page - - - - - - - - iii
Dedication - - - - - - - - - iv
Acknowledgements - - - - - - - v
Abstract - - - - - - - - - vii
Table of Contents - - - - - - - - viii
CHAPTER ONE: INTRODUCTION

1.0 Introduction - - 10
1.1 Background of the Study. - - - - - - 10
1.2 Statement of the Problem. - - - - - 11
1.3 Objectives of the Study. - - - - - - 12
1.4 Significance of the Study. - - - - - 12
1.5 Scope and Limitations of the Study. - - - -
CHAPTER TWO: LITERATURE REVIEW AND
THEORETICAL FRAMEWORK

2.1 Literature Review - - - - - - - 8

Theoretical
2.2 Framework - - - - - - - 18
2.2.1 Application of the theoretical Framework - - - - 20

vii.
CHAPTER THREE: THE STUDY AREA/GENERAL
INFORMATION
3.1 Constitutional Basis of EFCC and Historical Development of

Corruption. - - - - - - - - 27
3.2 Types, Causes and, Consequences of Corruption - - 34
3.3 EFCC Establishment Act and the Organizational Structures. - 42
3.4 Powers and Functions of EFCC. - - - - 48
3.5 Limitation Powers of EFCC and Achievement of the
Anti-graft Agency. - - - -- - - - 52

3.6. An Assessment of the Performance of EFCC in a War Against

Bribery and Corruption - - - - - -54

CHAPTER FOUR: DATA PRESENTATION, INTERPRETATION AND

ANALYSIS

4.1 Introduction - - - - - - - - 60
4.2 Data Presentation, Interpretation and Analysis of the - -
Respondents - - - - - - - - 60
CHAPTER FIVE: SUMMARY CONCLUSION AND
RECOMMENDATIONS
5.1 Summary - - - - - - - - 71
5.2 Conclusion - - - - - - - - 74
5.3 Recommendations - - - - - - - 76
Bibliography - - -- - - - - - - 79
List of Tables - - - - - - - - 83
Appendix - - - - -- - - - - 84
 x.

CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Corruption has been the major problem bedeviling this country. It has

virtually defied all solutions so far. In Nigeria bribery and corruption have

assumed an alarming rate, established stronghold that the weekly star of 15 th

May, 1983, quoted in Achebe (1983.43), unequivocally maintains “that keeping

an average Nigerian from being corrupt is like keeping a goat from eating yam”

Corruption has been recognized as the major enemy of man, it is however, lack

of political will to begin to tackle this problem, except for Buhari /Idiagbon

regime (1983-1985) and Obasanjo regime (1999-2007). Past futile intervention

against corruption include the corrupt practices Decree of 1975, the public

officer (investigation of Assets) Decree No 5 of 1976, supplemented by the code

of conduct Bureau and code of conduct tribunal as provided for in the 1979

constitution. Shehu Shagari ethical revolution (1979-1983), with a minister of

cabinet rank in charge of “national guidance”, the “war against indiscipline”

campaign under the Buhari and Idiagbon junta which was to some extent the

only serious intervention and the National committee on corruption and other

Economics crimes under Ibrahim Babangida (1985-93). The IBB regime also

came up with the corrupt practice and Economic crime Decree of 1990. Even

the Sani Abacha regime (1994-98) came up with its own anti- corruption

13
Decree, the “Indiscipline, corrupt practices and Economic crime

(Prohibition) Decree 1994” which was a replica of IBB Decree of 1990.

However, it is regrettable to note that inspite of interventions by past

regimes to stamp out corruption, the evil monster keeps on recurring. According

to Okonkwo (2005: 85):

A historical view of bribery and corruption in Nigeria

shows that rhetoric against corruption does not end
corruption. All the inspiring words of our leaders and
journalists have not changed anyone.

Against this background, it has become unavoidably important to

critically assess the performance of EFCC in fighting against bribery and

corruption in Nigeria.

1.2 STATEMENT OF THE PROBLEM

Over the years, successive administrations in Nigeria have set up various

Institutions designed to fight corruption. These institutions have not functioned

appropriately and as a result institutionalization of corruption. The above past

governments in Nigeria almost turned the country into an outcast nation in the

international community. In foreign countries Nigerians were treated with

suspicion and embarrassment and foreigners were wary of making Nigeria their

investment destination. The more government devises genuine policies and

plans to combat corruption, the more the implementation pattern seems to be

frustrated.

Corruption, real or imagined, is believed to be so endemic in Nigeria that

public disapproval of it has gradually turned into tacit acquiescence and positive

14
acceptance. When are we planning to go out of this wood and join the comity of

respected and dignified nations of the world?

This is the right time to act and investigate the hydra-headed problem of

corruption for the sake of the unborn generations.

The political and socio-Economic destructive effects of corruption have

been so overwhelming that unless decisive steps were taken, the country might

well be doomed.

Inspite of the several legislations and multiple institutions put in place to

fight corruption, little result has been achieved. This has made people to loose

hope in our ability to get out of this difficult situation. What home grown solution

can rid us out of this doom? Hence the research questions:

1.3 RESEARCH QUESTIONS

1. What are the efficacy of Economic and Financial Crimes Commission in

its fight against bribery and corruption in Nigeria?

2. What level of autonomy has been granted to Economic and Financial

Crimes Commission in the country?

3. Can severe punishment of offenders boost the effective performance of

EFCC? What are the challenges militating against the performance of

EFCC in its fight against corruption?

15
1.4 OBJECTIVES OF THE STUDY.

The specific objectives of the study are as follows:

1. To examine the effectiveness or otherwise of EFCC.

2. To ascertain the extent at which EFCC is granted autonomy.

3. To identify the various challenges facing Economic and Financial Crimes

Commission (EFCC) in carrying out its responsibility as a Crime Fighter.

1.5 SIGNIFICANCE OF THE STUDY.

The significance of this study or research cannot be over emphasized

because of the immense contribution it is supposed to offer in the area of

development of knowledge in corruption in Nigeria. Over the years, scholars

and experts have dedicated much attention to the study of corruption and their

effects on the underdevelopment and development of different world’s

economies. This study therefore is centered on the effects of corruption in

Nigeria, and the war against the end called corruption and how the government

has used certain policies and institutions to fight this malaise.

EFCC is studied as one the agents that champion the war against corruption in

Nigeria economy. It is therefore hoped that this will highlight the effect of

corruption, dimensions of corruption and roles so far performed by EFCC to

combat bribery and corruption in Nigeria.

16
 This work will serve as a very relevant and important material for further

research on activities of EFCC in war against bribery and corruption in Nigeria

economy. Furthermore, it will also increase the literatures that exist on

corruption among nations in the world.

1.6 SCOPE AND LIMITATIONS OF THE STUDY.

The scope of this research work focuses on the legal framework,

functions and relevance of Economic and Financial Crimes Commission

(EFCC) in the management and prevention of corruption in Nigeria. The reason

for choosing this particular case study is to have a critical analysis of the

commission as an anti-corruption commission having realized its goals and

objectives within a period of nine (9) years (2002-2010).

To the above end, the research work is limited to Federal Capital Territory (FCT)

Abuja because of time and financial constraint.

1.7 DEFINITION OF CONCEPTS.

Under this section of the work, certain key concepts that shall be used

repeatedly need to be defined and how they are to be applied shall also be

clarified for the purpose of proper understanding of the work. These concepts

are as follows:

Anti- corruption: This refers to the laws enacted for the operation of

institutional mechanism for the fight against corruption in Nigeria that is Code of

Conduct Bureau (CCB), public Complaints Commission (PCC), the Independent

Corrupt Practices and other Related Offences Commission (ICPC) and

17
Economic and Financial Crimes Commission (EFCC), etc.

Autonomy: This is the ability to act and make decision without being controlled

by anyone else. It entails independence, freedom from external control or

influence.

Corruption: This is the use of public power for private profit or benefit of a

group or class, in such a way that constitutes a breach of law or of standards of

high moral conduct.

Bribery: This is the payment (in money or kind) that is given or taken in a

corrupt relationship to pay or receive a bribe is corruption and should be

understood as the essence of corruption. A bribe is a fixed sum, a certain

percentage of a contract or any other favour in money, kind usually paid to a

state official who can make contracts on behalf of the state or otherwise

distribute benefits to companies or individuals, businessmen and clients.

Embezzlement: This is theft of resources by people who are put to administer

it; it is when disloyal employees steal from their employers. This a serious

offence when public officials are misappropriating public resources, when state

officials steal from the public institutions in which he or she is employed and

from resources he is supposed to administer on behalf of the public.

Fraud: This means an economic crime that involves some kind of trickery,

swindle or deceit Fraud is when a public official (agent) who is responsible for

carryout the order of tasks assigned by his superiors (principal) manipulate the

flow of information to his private profit.

18
EFCC: This is the economic and financial crimes commission, established in

the year 2002, by the commencement Bill, and got full stand by the EFCC

(Establishment) Act 2004 as amended.

19
 CHAPTER TWO

LITERATURE REVIEW AND THEORETICAL FRAMEWORK

2.1 Literature Review

In Nigeria, the manifestation of corruption is traceable to the colonial

administrative era. Before relationship with Europeans as well as the

penetration of western values, different tribes living the area known today as
Nigeria were corrupt free society. It was the incursion of western values and
cultures initiated corruption practices in Nigeria. According to Chuta (2004-17):

Each of these tribal groups has its established social

structures of nuclear and extended family units, the larger
kindred units, the conglomeration of which made up village
system.

In these pre-colonial societies such as the Igbo, there were hardly the

manifestations of corruption. This is owing to the fact that the people were

highly attached to their customs and traditions, which contained codes and

moral and religious values and behaviour seriously repudiated corrupt practices.

However, with the development of capitalism cum penetration of western

values, the people’s mentality became swayed to the level that they begin to

question, and even reject their ancestral values, rules and regulation that were

already put in a place: As Chuta (2004:18-19) further observes:

While education exposed the African beneficiaries to new

values, a rationalized and individualistic attitude to life, the
new religion tended to draw the people away from their
allegiance religious, beliefs, and practices.
20
 As a result of the inception of colonialism and the associated capitalist

values and orientations virtually all aspects of the people’s life became affected

by the burning desire for wealth and materialism. The consequences became

the unwholesome explosion of bribery, looting of government treasury and

inflation of contracts etc. all tend towards private gain to the detriment of

masses.The penetration of corruption into Nigeria was further oiled by the

warrant Chief system, which according to Chikwendu (2001), certain reports of

investigation panels showed that most:

District Commissioner (Nwa DC). The Chief messenger

bribes and arbitrary interpreted the district Commissioners
statements.

At the regional level, during the colonial era, there were also

manifestations of corruption. Mbakwe (1998:257) in Olisa and Ikejiani Clerk

(1989) highlights allegations of corruption leveled against the former premier of

the old Eastern region, Dr. Nnamdi Azikiwe. According to him, Azikiwe was

accused of diverting “government money into the bank (ACB) whose financial

base was low and in terrible shape”. The tribunal set up to inquire into the cases

found Dr. Nnamdi Azikiwe guilty of corrupt practices, though Dr. Azikiwe put up

some defense by accusing the British government of being biased and trying to

stop flame of nationalism by all means.

The phenomenon corruption continued to rear its ugly head in the lives of

Nigerian even after the end of colonialism in the country. During the first

Republic, the manifestations of corruption included the case of tensions of 12

21
million dollars from Nigeria’s western regional marketing board into the coffers

of the Action Groups Party, from 1959-1962 (Nye 1967.421).

There was also the corrupt enrichment case involving 12 public officers

in the then mid western region, including former premier of the region. The

panel of inquiry constituted found all the accused guilty of corruption. The

forms of corrupt activities prevalent in Nigeria include political corruption,

bureaucratic corruption, electoral corruption, and embezzlement and bribery

(Dike, May, 2003).

During the second republic the manifestation of corruption assumed a

more sophisticated dimension. In fact, Clark (1995.135) quoted in Ukwaba

(2002) concludes that the account of corruption during the second republic

would fill the archives if recorded. For instances, the reports of the Salano

committee that investigated Nigeria’s internal debts disclosed that out of a total

of N7.187 billion which federal Government was supposed to owe contractors,

only N300 million was authentic, the excess amount of 96% of these debts was

false. Even in the ministries, corruption thrived unchallenged during the second

Republic. According to Ukwaba (2002:36) the then federal minister of

communication reported that:

The Federal Government was loosing N50 million every

months as salaries to ghost worker in the posts and telegraph
department It can be said that corruption in the second
republic was very complex, but Reley. (1998:142) summarized
it in the following words. Under president Shehu Shagari there
was substantial commercial and public sector fraud, the

22
 number of ghost workers outright stealing of government
property and other assets, and huge illegal transfer overseas.

In the fourth republic, the manifestation of corruption includes the corrupt

contract award in the senate involving the then senate president, late Chuba

Okadigbo. Okadigbo approved the sum of N37.2 million to himself as furniture

grant without any recourse of the tender’s board: In the same fourth republic,

2000, the speaker of the house of Representative, Alhaji Na Abba awarded

contract to the deposed speaker of the House, Alhaji Salim Buhari to the tune of

N50million, and the same time claiming that the account of the house was in red

up to N100 million. According to Ibrahim (2001:81):

There have been indications that bribes have been offered by

the executive branch to the legislative Houses to “oil” the
passage of bills sent by the executives.

Still in the fourth republic, Okafor (2001:37) writes how ministry of

Agriculture directed public assets to the creation of private wealth by diverting

public drilling equipment to construct boreholes in his locality without going

through due process. Again Gali Na Abba sought court order to prevent the

ICPC from probing allegations of corruption leveled against him in a petition

filed by Sani Obande on August 13th, 2002 (Uzendu, 2002).

In March 2005, the Senate president, Chief Adolphus Nwagbara and the

minister of Education, Prof. Fabian Osuji, together with five others were

involved in a N55 million- bribe scam. According to the Vanguard of March

25th 2005, the minister and some key officials of his ministry offered N55 to
23
some members of senate in order to secure a hike in the ministry’s budget.

More so, the former Executive Governor of Bayelsa was impeached over

money laundering and financial mismanagement in 2005. Also, last year, the

Governor of plateau sate was impeached (though has been reinstated in office

preceding year) because of the condition of lawlessness and crisis rocking the

state. It is also in this fourth republic that many involved in the fictitious

transaction or duping of western Bankers or otherwise known as “419” were

caught tried and punished. Among whom were Amaka Anajemba, Mr.

Emmanuel Nwude, Mr. Nzeribe, etc.

In the fifth and present regimes, corruption still manifested in every

aspects of life. Take for instance, political office holders and bureaucrats were

massively involved in corruption to the extent that most of the Chief executives

officers of five Banks were sacked. They were sacked by CBN governor on the

ground that they involved in corrupt practices. There was financial

mismanagement and non performing loans in the hands of some powerful

individuals, who refused or did not want to pay back. Imagine, one of the chief

executive officers of the affected banks by name Mrs. Cecilia Ibru embezzled

huge sums of money running in Billions and uncountable assets home and

abroad but there was nothing to show that such asset and money were

recovered from her. Also, Erasmus Akingbola of erstwhile intercontinental bank

CEO has more than 30 foreign accounts log-in huge amounts of money and he

was allowed to go scot-free after anti-corruption agency had camouflaged. A

24
nanny serving Mrs. Cecilia Ibru of former oceanic bank was given N13 billion

which up till date has not accounted for how such money went. Imagine the

magnitude of corrupt practices among politicians and bureaucratic in Nigeria!

Also, the most recent one is former speaker of House of Representative Dimeji

Bankole who was accused of N10 billion loan scam and 16 other count charges

concerning the diversion of public funds and assets to private use. Former

speaker was remanded in EFCC custody, pending when the case would be

decided in Federal High court Abuja. All these corrupt practices prevailing in our

country Nigeria retard economic, political and socio-cultural development.

From the foregoing discussion, we can understand that corruption in

Nigeria is as old as the country itself. Different efforts have been made by

various regimes to curb corruption in the country and various scholars and/or

writers have examined these efforts including their successes and failures.

R.L. Sklar, in his book, Nigeria political parties examines the effort made

by colonial government to combat corruption. According to Sklar such fight

against corruption included the appointment of commission of inquiry in 1952 to

investigate the level of bribery and corruption in the Eastern region, involving Dr.

Mbonu Ojike. In addition to this, as noted by Sklar, is the appointment of the

Sutton tribunal in 1956 to investigate the alleged corrupt practices, involving the

diversion of public fund to the former African continental Bank by the NCNC led

government in the Eastern Region. The situation which brought Dr. Azikwe

before judgment. Assessing the colonial battle corruption, with particular

25
reference to the case of Mbanu Ojike, Sklar notes the significances of the battle

in the sense that the outcome of he inquiry of the commission led to the outright

termination of the tenure of Mbonu Ojike as the finance minister in the Eastern

Regional government.

Interestingly, Sklar has been able to highlight the roles played by the pre-

independence government in Nigeria to combat corruption, as well as the

credibility of the commissions and tribunals used. However, his work certainly

does not enable us to understand subsequent wars waged against corruption,

especially in the post- independence era, an era regrettably associated with

indescribable forms of political and economic corruptions. We want to know

what past and present regimes did and are doing to rampant corruption via

EFCC. What is the capability of the EFCC in terms of powers given to it to fight

corruption? To what extent has anti-corruption crusade initiated by Obasanjo

regime reduced corruption in Nigeria since its inception till date? To what extent

also does bribery and corruption drastically affected the general developmental

process in Nigeria? And to know what degree does anti-graft agency initiated by

Obasanjo regime improve both Economic and political condition of Nigeria till

date? These important questions have not been satisfactory answered by Sklar

(1963).

B.J. Duddley, in his study on instability and political order in Nigeria, tries

to show that the major form of reaction against political and economic

corruption in Nigerian first republic was military intervention in Nigeria politics.

He vehemently maintains that military came to power mainly to serve Nigerians

26
from the hand of the corrupt leaders who were pre-occupied taking bribes,

Kickbacks, and diversions of public funds into private or party pockets. To

concretize this point, Duddley quotes the leader of 1966 coup, major Nzeogwu

as given the reason that:

Military came to power to stamp out tribalism. It is a sacred

duty we have got to perform to save this country from
destruction… to frustrate those politicians who are making
Nigeria a mere geographical application… to restore people’s
confidence… to put an end to corruption and chaos. We
seized power to stamp out tribalism, nepotism and
regionalism.

Duddley lets us understand that military intervention in Nigeria politics was to

rescue the country from corrupt practices among our leaders.

However, Duddley’s observation does not answers the questions earlier

posed in this work because his work centered on reactions against corruption,

which took place long before the present Nigerian fourth republic.

In recapitulation, we want to understand the anti-corruption crusade

initiated by president Obasanjo, with respect to EFCC. To what extent is EFCC

given powers to fight corruption from all ramifications? How fair has been the

EFCC in improving economic and political condition of people by fighting

corruption tooth and nail? Answer to these questions demand that we take a

little step beyond Duddley B.J. Reacting to the terrifying growth and

sophistication of corruption in the Nigeria second republic, Chinua Achebe in his

book The Trouble With Nigeria, observes that inspite of the corruption in Nigeria

such as ghost workers syndrome, importation of fake commodities into the

27
country, inflation of contracts, embezzlement of public fund, cum destructive

label incurred by Nigeria from international community, the regime of president

Shehu Shagari did not deem it necessary enough to wage any war against it.

Let us hear from Achebe himself;

Although Nigeria is without any shadow of doubt one of the

most corrupt nations in the world, there has been no high
public officer in the twenty-three years of our independence
who has made to face the music for official corruption
(Achebe, 1983: 54).

28
Against this backdrop of inertia on the part of the leaders of the second
Republic Achebe supports a total war against corruption, with president himself
as the captain of the warship. While other writers like Reley (1988), Deddley
(1973) and Ukwaba (2002) recognize the superficial presence of anti-graft
agencies in the second Republic such as code of conduct Bureau and the
movement for ethical revolution (MER), Achebe never agree because were
inactive or unperforming. The second republic had long been terminated and
the country has passed through series of military regimes, and now on the
fourth, fifth and present republics. The questions remain what is happening to
corruption today in Nigeria? Is EFCC ups and doings in fighting corruption? Has
corruption detoriated the developmental process in Nigeria? Is Obasanjo,
late Yaradua and Jonathan, administration also lackadaisically to fight

corruption like Shehu Shagari regime? Chinua Achebe’s work does give us

answers to the questions above.

29
Okonette (2003) examines the key factors responsible for the failure of anti-
corruption crusade in Nigeria. In establishing a fraternal relationship sees all
anti-corruption wars as a waste of time and resources so long as the capitalist
economy thrives in Nigeria. According to this writer, all anti- corruption policies
in Nigeria beginning with those of the second Republic, except WAI (1984),
such as code of conduct Bureau and Tribunal of the 1979 constitutions, the
Babangida’s MAMSER, the WAIC of the Abacha Government could not
succeed because, the makers of such policies failed to recognize the capitalist
mode of production and accumulation in the country as the breeding ground for
corruption. In corroborating the views of Ekekwe (1986), Okonette maintained
that corruption is a sine qua non of any capitalist system a phenomenon without
which the system will not survive. In her contribution, Tina (2005) traces the
origin of corruption and the fight against it to the colonial period when colonial
governments began the use of commission of inquiry, such as the 1947
commission of inquiry, to investigate cases of corruption. According to Tina,
corruption has since then blossomed, assuming a nationwide dimension from
Local Government level. Tina equally recognizes that not withstanding, various
regimes have in one way or the other pretended to be fighting corruption or
actually seen to be doing so. Upon this scenario, Tina makes a historical

presentation of anti-corruption measures put in place by various regimes, past

and present, and these according to her, include the F.P cobb commission of

1955, that investigated corruption in Igbo-Etiti Local Government Council, the

alleged corrupt involvement of Dr. Nnamdi Azikwe in the affairs of the African

Continental bank; the Federal Assets investigation panel, and the Belgore

inquiry of 1975 both of which were launched to investigate the corrupt

acquisition of assets of public office holders; and then “cement Armda” during

General Gowon Regime. Other measures highlighted by Tina; the famous War

Against Indiscipline of Buhari Regime under which civilians of the second

Republic were arrested, tried and punished upon their conviction; the Oputa

panel and the Akambi ICPC and EFCC of Ribadu and Farida Waziri in this

present regime.

From the foregoing of discussion, a lot of literature exists on corruption

recently, however, behind the screens it has always been there. The major

concern for international aid policy through the last five decades is to improve

the living conditions for the poor in the poorest countries of the world. Generally

speaking, however, the governments in the poor countries are the most corrupt.
30
This is one of the few clear empirical results of recent research on corruption.

2.2 THEORETICAL FRAMEWORK:

To properly answer the questions raised in this research work, in respect of

the performance, functions, powers, and achievements of the EFCC, we shall

adopt Elite theory. There are several versions of the theory ranging from that

developed by Vifredo Pareto and Gaetano Mosca (1956) and those by C.W.

Mills (1968), Floyed and Raymond Aron (1969). A combination of these

versions of the theory will therefore be utilized as framework of analysis.

The elite theory was first developed by two Italian sociologists namely:

Vilfredo Pareto and Gaetano Mosca. The earlier versions of the theory

emphasized personal attributes of leaders, which aided their hold or dominance

in power positions. Later versions dwelt more on the institutional framework of

society. (Haralambos 1999:107).

The thrust of the theory according to Pareto and Mosca are as follows:

Elite owes its power to its internal organization and forms a united and
cohesive minority in the face of an unorganized and fragmented mass.
Major decisions which affect society are taken by the elite and this decision
usually reflects the interest of the elite than the wishes of the majority.
The mass of the population is largely controlled and manipulated by the
elite, passively accepting the propaganda which justifies elite rule.
Major change in society occurs when one elite replaces another. Parato
refers to this as “circulation of elites” and he added that, “all elite tend to
become decadent”. They decay in quality and lose their vigour. They may
become soft and ineffective with the pleasures of easy living and the
31
 privileges of power…” (Haralambos, 1999:108).
The rule by a minority is an inevitable feature of social life and that the ruling
minority is superior to the mass of the population who lack capacity

for self government and require the leadership and guidance of an elite.

In addition to the foregoing, C.W.Mills theorized “that American society is

dominated by a power elite of unprecedented power and unaccountability…free

from popular control..pursues its own concern-power and self aggrandizement

(Haralambos 1999:111). F. Hunter argued “that power rests in a small decisions

making group which … rules by persuasion, intimidation, and coercion, and if

necessary, force”. Dahl in Haralambos (1999:112) argued in reaction to C.W.

Mill theory that if it can be shown that a minority has the power to take

“decisions on taxations and expenditures, subsidies, welfare programs military

policy and so on, and …. Overrule opposition to its policies, and then the

existences of power elite will have been established”

2.1.1 APPLICATION OF THE THEORETICAL FRAMEWORK

The governing elite in Nigeria, by virtue of their social characteristics and

privileges of office are united and operate as a formidable team against the

hungry and poverty stricken mass of the population who are easily divided and

distracted on account of daily pressure for sustenance and necessities of life.

The divide and rule by the elite thus inhibit any genuine effort to advance

common cause in form of qualitative education, shelter, basic infrastructure and

32
other amenities, which are grossly inadequate in Nigeria. Madunagu (2005)

brings this to fore by asserting that “the dominant fraction of the Nigeria ruling

classes do not use the wealth they loot from the Nigeria for the benefit of “their

people” although these poor people whose names are invoked in vain are often

mobilized to fight their imaginary enemies..”

No matter how democratic a government may pretend to be, fiscal issues

or decisions are rarely taken in consultation with the mass of the people. This

explains why fiscal practice in Nigeria has been subjected to serious

manipulation by the elite. It is to such an extent that the majority of the

population is not carried along at the conception/formulation stage, except at

the implementation stage where they are affected. This top-bottom approach to

decision-making characteristic of the elite, frequently generate conflicts.

For instance the governing elite in Nigeria receive the huge allocations

from the federation account, and social services delivery is barely existent to

have any meaningful impact on the majority of the population. Resources

control agitations can thus be viewed as an elite creation and tool to manipulate

the ignorant mass of the people in serving the elite agenda. The African

Network for Environment and Economic Justice (ANEEJ, 2004:16) position that

“the exploitation of public and private resources for the gain of the elite is

embedded in institutionalized practice”, corroborate this assertion.

The elites in Nigeria are not accountable to their people. Various

allegations of public treasury looting by public officials and serving Governors in

every zone in Nigeria bring this to the fore (for details, see Elendu and Sowore,

33
2005). And it is doubtful if there is anything the defenseless mass of the

population can do about this, in view of the instrument of coercion at the

disposal of the elite.

In addition to the foregoing, to the extent that the governing elite in

Nigeria cannot rise to the challenges of service delivery and qualitative life for

their people, they may have become decadent and ineffective due to pleasures

of easy living and privilege of power, in the words of Pareto, ANEEJ (2004:16)

underscored this issue while positing the existence of a predatory state and

elite in Nigeria, and concluded that “this may therefore explain the lack of

development in the country despite over thirty five years of oil wealth”.

The gray areas of the Elite Theory are as follows:

Firstly, Elite theory wrongly assumes inequality as the basis of society.

Fundamentally, all are equal in the sense that all are capable of developing their

faculties and through these occupy any or every public office. No one is

inherently able and wise than others. The difference in intelligence and qualities

is that of degree and not of kind. As such the division between the elite and the

masses is not organic.

The theory wrongly reposes all faith in the ability of the elite to the total

exclusion of the ability of the masses. The elite theory involves an inherent and

in-built thesis in favour of totalitarian political system. It is definitely opposed to

the contemporary values of mass political participation in the political process.

The Elitist theory is a conservative theory because it gives a theory of

democracy to justify the prevailing social, economic and political inequalities in

34
several societies. It builds up a strong thesis, though partial and subjective, in

favour of the traditionally existing malpractices. It fails to suggest remedies for

the defects of the democratic political system. On the contrary, it builds up a

defence of some of the evil practices characterizing the contemporary political

system.

This theory is based on the institutional and not the ideological aspect of

democracy. It is mainly descriptive in nature. It believes in the ‘end of ideology’

theory and maintains that ideologies are meaningless because every political

system is bound to be’ governed by the iron law of oligarchy. Elite theory

wrongly advocates the view that the object of democracy is not the welfare and

development of the people. It excludes the people (as masses) from the ruling

functions and talks of the elite rule as the ideal condition of rule involving

subjugation of the masses to the leaders.

Elite theory can be further critiqued for its failure to recognize the due

importance of the people in democratic systems, the importance of the

democratic system and the key role played by public opinion in the

determination of the rules, policies, programmes and decisions of the

government of a State. Elite theory wrongly rejects the principle of social,

political and legal equality of the people. It is wrong in so far as it rejects the

principle of responsibility and accountability of the rulers to the masses.

In spite the theory’s lapses, it is relevant to the study because the

governing elites in Nigeria, by virtue of their social characteristics and privileges

of office are united and operate as a formidable team against the hungry and

35
poverty stricken mass of the population who are easily divided and distracted on

account of daily pressure for sustenance and necessities of life.

The divide and rule by the governing elites thus inhibit any genuine effort to

advance common cause in form of qualitative education, shelter, basic

infrastructure and other amenities, which are grossly inadequate in Nigeria.

Madugu (2005), brings this to fore by asserting that “the dominant fraction of the

Nigeria ruling classes do not use the wealth they loot from Nigeria for the

benefit of “their people” although these poor people whose names are invoked

in vain are often mobilized to fight their imaginary enemies”.

No matter how democratic a government may pretend to be, fiscal issues

or decisions are rarely taken in consultation with the mass of the people. This

explains why fiscal practice in Nigeria has been subjected to serious

manipulation by the elite. It is to such an extent that the majority of the

population is not carried along at the conception/formulation stage, except at

the implementation stage where they are affected. This top-bottom approach to

decision-making characteristic of the elite, frequently generate conflicts.

For instance, the governing elite in Nigeria receive the huge allocations

from the federation account, while social services delivery is barely existent to

have any meaningful impact on the majority of the population. Resources

control agitations can thus be viewed as an elite creation and tool to manipulate

the ignorant mass of the people in serving the elite agenda. The African

Network for Environment and Economic Justice (ANEEJ, 2004:16) positioned

that “the exploitation of public and private resources for the gain of the elite is

embedded in institutionalized practice”, corroborated this assertion.

36
 The elites in Nigeria are not accountable to their people. Various

allegations of public treasury looting by public officials and serving Governors in

every zone in Nigeria bring this to the fore (for details, see Elendu and Sowore,

2005). It is also doubtful if there is anything the defenseless mass of the

population can do about this, in view of the instrument of coercion at the

disposal of the elite.

In addition to the foregoing, to the extent that the governing elite in

Nigeria cannot rise to the challenges of service delivery and qualitative life for

their people, they may have become decadent and ineffective due to pleasures

of easy living and privilege of power, in the words of Pareto, ANEET (2004:16)

underscored this issue while positing the existence of a predatory State and

elite in Nigeria, and concluded that “this may therefore explain the lack of

development in the country despite over thirty five years of oil wealth”.

37
 CHAPTER THREE

THE STUDY AREA/GENERAL INFORMATION

3.1 RESEARCH DESIGN.

This project work centers on examining the problem of bribery and

corruption, with special, reference to EFCC as an agent of political and socio-

economic change to stamp out corruption in Nigeria.

Therefore, the study engages in assessing the performance of Economic

and financial Crimes Commission with regards to the endemic corruption in the

country. The project work shall be subjected to examining a particular case study,

which is mainly focusing on the level of corruption before the establishment of

Economic and Financial Crimes Commission (EFCC) and the level after the

commission has been established. It uses Transparency International (TI) to

measure the level of achievements and successes recorded before and after the

commission came into being. That is, to determine whether corruption is reducing

or increasing within the range of (2000-2010).

The research work therefore, employs questionnaire design in order to

obtain meaningful answers from the respondents.

3.1.1 METHOD OF DATA COLLECTION:

It is indisputable fact that the value of any research work depends on the

data method employed. In this research work, both primary and secondary

sources of data collection are utilized.

38
3.1.2 POPULATION OF THE STUDY

The target population for the research is the staff of Economic and

Financial Crimes Commission (EFCC), Abuja. The population of Economic and

Financial Crimes Commission (EFCC) staff is about 1,150 which constitute

seconded staff of other organizations. The seconded staff are six hundred and

ninety which is made up of four hundred and ninety junior and two hundred

senior officers from, State Security Services (SSS), Customs, Securities and

Exchange Commission (SEC), Civil Defence Corp (CDC), Nigeria Police Force

(NPF), Nigeria Communication Commission (NCC), National Drugs & Law

Enforcement Agency (NDLEA), Immigration, Central Bank of Nigeria (CBN),

Nigeria Deposit Insurance Company (NDIC), Corporate Affairs Commission

(CAC) and National Security Printing and Minting Company (NSPMC); while the

rest four hundred and sixty staff are core Economic and Financial Crimes

Commission (EFCC) staff with about two hundred and sixty (260) senior staff and

two hundred (200) junior staff. In the final analysis, the commission has a total

number of four hundred and sixty (460) senior staff and six hundred and ninety

(690) junior staff which when sum up will give a total of one thousand, one

hundred and fifty staff (1,150) (EFCC,2011).

3.1.3 SAMPLING TECHNIQUES

The stratified sampling techniques were used. The sample was drawn

randomly from the staff of the Economic and Financial Crimes Commission

(EFCC). It was selected according to senior and junior members of EFCC with
39
 staff strength, selected number and sample percent.

Sample Size
Table 3.1.4. Staff distribution and sample structure

Class Organization Staff strength Selected No. Sample (%)

Senior EFCC 460 87 18

Junior EFCC 690 110 18

Total 197

Source: Field Survey, 2020.

The above table shows that, the sample structure is divided by senior

staff 460, of which 18%, representing 87 staff was taken, while junior staff 690,

of which 18 %, representing 110 staff was also considered.

3.1.5. SOURCES OF DATA COLLECTION.

In collecting data for this study, both primary and secondary sources of

data will be used.

1. Primary Data Collection: This approach of collecting data will essentially use

the administration of questionnaire to select officers of Economic and Financial

Crimes Commission (EFCC) and unclassified population of general public.

2. Secondary Data Collection: This approach of collecting data will take into

consideration the fact that, the research is within a time frame of 2002 to 2010

and as such the background information for the evaluation is needed. These

source includes published an unpublished materials such as relevant books,

journals, magazines, bulletins and consultation with professional bodies through

the internet as well as newspapers.

40
3.1.6 TESTS OF VALIDITY AND RELIABILITY OF RESEARCH

INSTRUMENTS.

Validity, as used here, is the degree to which an instrument actually

measures what it is intended to measure. Therefore, an instrument is tailored to

achieve research objectives. Thus, the instrument used for this research was

validated by ensuring that questions are structured in a manner that enable the

researcher obtained information relevant to the purpose and objective of the

study through:

i. The face (expert) validity of the instrument by the help of the supervisor whose

supervision/opinions served as a true guide for the success of this work;

ii. The content validity of the research instrument used, on whether it reflected

the true situation that is being studied; and

iii. Construct validity of the research, which emphasized that the theoretical

concepts on this research are the foundation of the research questions.

For the Reliability of the Instrument Used for this Research;

i. The research used pilot test to administer Questionnaires to respondents

ii. The researcher ensured that questions were not ambiguously presented to the

respondents in a manner likely to communicated different meaning that could

generate inaccurate and inconsistent responses.

iii. The researcher also maintained objectivity by not fielding questions that

could incite respondents to certain actions from the subject being studied.

41
3.1.7 METHOD OF DATA ANALYSIS.

The method of analyzing and interpreting data was done through the use

of scientific table and percentages. Through this interpretation, the degree of fight

against corruption as regard Economic and Financial Crimes Commission

(EFCC) will be ascertained.

42
 CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS

4.1 INTRODUCTION
This chapter deals with the interpretation, presentation and analysis of

responses of the respondent.

Out of the 197 questionnaires administered, 140 were duly filled and

returned constituting 71% of the number of questionnaire administered, 29% of

the total questionnaires administered were not returned, amount to 57. The

analysis of data was therefore based on the returned 71% questionnaires.

4.2 SECTION A: BACKGROUND INFORMATION OF THE

RESPONDENTS

As contained in Table 1 below, 85 respondents representing 61% were

males while 55 respondents representing 39% were females.

The research was more particular about gender status and the sensitive

nature of the topic under study. This further proves that in matter of corruption

just like in the force, both sexes are very important most particularly when it

comes to investigation.

43
Table 1: Classification of Respondents According to Sex

SEX FREQUENCY (NO) PERCENTAGE (%)

Male 85 61

Female 55 39

Total 140 100

SOURCE: Field Survey, 2020.

Classification of Respondents According to Age

Table 2 below gives us the classification of respondents according to age.

From the table, respondents under 20-35 years of age total 70 respondents

representing 50% while those whose ages fall between 36-45 where 45% which

constitute 32%. Those aged 46 and above were 25 representing 18%..

The table has shown clearly that the bulk of responses came form youths

and workers who have acquired a great deal of knowledge and experience in

their field of specialty.

Table 2: Classification of Respondents According to Age.

AGE FREQUENCY (NO) PERCENTAGE (%)

20-35 70 50

36-45 45 32

46& above 25 18

Total 140 100

SOURCE: Field Survey, 2020.

44
Classification of Respondents According to Level of Education
Table 3 below shows the level of education acquired by the respondents. It

reveals that 15 respondents representing 11% acquired GCCE/OND/NCE while

82 respondents which constituted 58% acquired B.Sc. and HND. The remaining

43 that constituted 31% obtained M.Sc. and PhD.

Table 3: Classification of Respondents According to Level of Education

LEVEL OF EDUCATION FREQUENCY (NO) PERCENTAGE (%)

GCE/OND/NCE 15 11

B.Sc/HND 82 58

M.SC/Ph.D. 43 31

Total 140 100

SOURCE: Field Survey, 2020.

SECTION B
The Rate of Corruption in Nigeria before the Establishment of EFCC
Respondents were asked the level of corruption in the country before

the establishment of Economic and Financial Crimes Commission (EFCC).

Their responses as presented on the table below clearly shows that majority

of the respondents totaling 120 representing 86% are of the view that

corruption was very high while the remaining 20 respondents representing

only 14% are in disagreement with this opinion.

45
 Table 4: The Rate of Corruption in Nigeria before the Establishment of
EFCC

GRADING FREQUENCY (NO) PERCENTAGE (%)

Very high 120 86

High 20 14

Low 0 0

Very low 0 0

Total 140 100

SOURCE: Field Survey, 2011.

TRANSPARENCY INTERNATIONAL CORRUPTION RANKING FOR NIGERIA

2000-2010.

The table below reveals fact from Transparency

International (TI) taken for eleven (11) years 2000-2010 which

covered some number of countries in the world. Nigeria was the

most corrupt country in 2000 and 2001 while 2002, 2003, 2004,

2005 and 2006 Nigeria came the second most corrupt country in

the world. However there was little improvement in 2007, 2008,

2009 and 2010 when she descended to sixth, tenth, twenty first

and thirty second respectively.

Records show that, the Corruption Perception Index (CPI)

does not take a wholistic view on corruption; Idris (2010:76)

argued that, “the CPI reveals only one side of corruption. Those

who receive bribes and gratification help themselves with public

46
 funds and interests, etc. It does not cover those who offer bribes

to win contracts and undue favour”.

Table 5: Transparency International Corruption Ranking for

Nigeria: 2000-2010.
RANKIN
S/NO YEAR CPI NO. OF NO.OF G REMARKS
COUNTRI
SURVEY ES
USED
First in corruption, ninety
1 2 1.2 4 90 90 ranking
out of ninety countries
survey.
First in corruption,
2 2001 1.3 4 91 91 ninety one
ranking out of ninety one
countries
examined.
Second in corruption, out
3 2002 1.2 6 95 94 of ninety
five countries survey.
Second in corruption out of
4 2003 1.4 6 99 98 ninety
nine countries survey.
Second in corruption, one
5 2004 1.2 8 102 101 hundred
and one ranking out of one
hundred
and two countries survey.
Second in corruption one
6 2005 1.4 7 133 132 hundred
and thirty-two ranking out
of one
hundred and thirty-three
countries
examined.
Second in corruption, one
7 2006 1.5 6 136 135 hundred
and thirty-five ranking out
of one

47
 hundred and thirty-six
countries
survey.
Sixth in corruption, one
8 2007 1.8 9 163 157 hundred
and fifty seven ranking out
of one
hundred and sixty-three
countries
examined.
Tenth in corruption, one
9 2008 2.1 __ 165 155 hundred
and fifty-five ranking out
of one
hundred and sixty-five
countries
under survey.
Twenty first in
10 2009 2.2 8 179 158 corruption, one
hundred and fifty-eight
ranking out
of one hundred and
seventy-nine
countries survey.
Thirty second in
11 2010 2.2 8 179 147 corruption, one
hundred and forty-seven
ranking
out of one hundred and
seventy-
nine countries survey.
SOURCE: Transparency International, Corruption
Perception Index Quoted in Idris (2010:76)

CONTROL OVER THE STAFF OF EFCC

Respondents were asked to rate the level at which the

commission controlled the staff under the commission. This is

because the power and authority expressed over the staff will

determine efficiency in the system. The responses revealed that

90 of the respondents representing 64.4% argued that the

commission does not at all have strong control over the staff. 30

respondents representing 21.4% believed that the commission

has control over the staff while 20 respondents representing

48
 14.2% are of the view that the commission has strong control

over the staff.

Table 6 below shows this clearly.

Table 6: Control over the Staff of the Commission

RESPONSES FREQUENCY (NO) PERCENTAGE (%)

Not at all 90 64.4

Control 30 21.4

Strong control 20 14.2

Total 140 100

SOURCE: Field Survey, 2020.

LEVEL OF AUTONOMY

Respondents’ reaction to the autonomy of Economic and Financial

Crimes Commission (EFCC) is measured. In this respect certain variables like

finance, appointment and recruitments of staff, investigation and prosecution

power were considered. The respondents were therefore requested to respond

if the commission has autonomy over the above mentioned variables.

From the table below, 15 respondents representing 11% strongly agreed

that the commission has autonomy. Only 10 respondents representing 7%

agreed that the commission has autonomy while 18 respondent representing

13% disagreed. The remaining 97 which constitutes the majority representing

69% strongly disagreed. The view held by the majority of the respondents goes

to justify the fact that the commission has no autonomy.

49
 66

Table 7: Level of Autonomy

RESPONSES FREQUENCY (NO) PERCENTAGE (%)

Strongly agreed 15 11

Agreed 10 7

Disagreed 18 13

Strongly disagreed 97 69

Total 140 100

SOURCE: Field Survey, 2020.

Autonomy and its Impact on the Efficiency of EFCC

One of he hypotheses formulated for this study centres on finding the

relationship that exists between the autonomy and efficiency of Economic and

Financial Crimes Commission (EFCC) operations. To accept or reject the

hypothesis, respondents were asked to state whether they agree that, high level

of autonomy will have impact on efficiency in the commission. The responses

generated revealed that 114 respondents representing 81%; in other words,

they agreed with the expression. The remaining 26 respondents representing

19% showed their disagreements on the issue by choosing ‘No’ option. This

information is shown in Table 8 below. But based on the respondents’ view the

research can strongly say that there is a strong relationship between

independent variable ‘autonomy’ and the dependent variables ‘efficiency’. Thus,

our hypothesis proved right and accepted.

50
Table 8: Autonomy and its Impact on the Efficiency of EFCC

RESONSES FREQUENCY (NO) PERCENTAGE (%)

Yes 114 81

No 26 19

Total 140 100

SOURCE: Field Survey, 2020.

Corrupt People in the Country Severely Punish Base on EFCC’s Act

The part 4 of the Economic and Financial Crimes Commission (EFCC)

Act with the heading offences, contained in Section 13 to 25, and part 5 with the

heading, forfeiture of assets of persons arrested for offences under this Act

which contained in section 26 to 36, state the offences and the various

punishment attached. In essence the commission has the power to arrest,

investigate and see to it that the judgment is implemented to the latter. It is

against this that respondents were asked whether corrupt people in the country

were severely punished base on the Economic and Financial Crimes

Commission (EFCC)’s Act. The responses generated show that 123 of the

respondents representing 88% answered ‘no’ while 17 respondents

representing 12% choose ‘yes’. This we can infer from the responses generated

that the corrupt people in the country are not severely punished.

51
Table 9: Corrupt People in the Country are severely Punished Base on the

EFCC Act

RESONSES FREQUENCY (NO) PERCENTAGE (%)

Yes 17 12

No 123 88

Total 140 100

SOURCE: Field Survey, 2020.

Severity of Punishment Lowers the Level of Corruption

The second hypothesis formulated for this study centers on finding the

relationship that exists between severe punishment and reduction in corruption.

To accept or reject the hypothesis, respondents were finally asked to state

whether severe punishment will result to reduction in corruption. The responses

generated revealed that 131 respondents representing 94% answered ‘yes’ to

the assertion. In other words, they agreed with the expression. The remaining

respondents representing 6% showed their disagreement on the issue by

choosing ‘No’ option. This information is shown in the table below. But, based

on the respondents’ view the research can strongly say that there is a strong

relationship between independent variables ‘severe punishment’ and the

dependent variable ‘lower level of corruption’. Thus, our hypothesis is proved

right and accepted.

52
Table 10: Severity Punishment Lowers the Level of Corruption

RESONSES FREQUENCY (NO) PERCENTAGE (%)

Yes 131 94

No 9 6

Total 140 100

SOURCE: Field Survey, 2020.

Factors Responsible for Corruption in the Country

The researcher also went further to hear from the respondents, the

factors that were responsible for corruption in the country. The information the

researcher got revealed that, unequal distribution of wealth, public office as a

means of gaining access to wealth and getting political office through the use of

money are considered to be some of the factors responsible for corruption

others are love for material things, accepting one’s wealth without examining

the means which such wealth is acquired, the relationship between politics and

ethnicity: the absence of strong sense of national unity and finally the

respondents also identified loopholes discovered in laws and rules.

IMPROVE THE PERFORMANCE OF ECONOMIC AND FINANCIAL

CRIMES COMMISSION (EFCC)

Questionnaires administered to the respondents provided with some

suggestions on the possible ways to improve the performance of Economic and

Financial Crimes Commission (EFCC). These suggestions included the

53
following: the commission should be given full autonomy to operate; the

autonomy could be in the area of funding, recruitment, prosecution without

interference and the security of tenure of management staff. Emphasis should

also be placed on the area of training and retraining of staff in modern way of

crimes fighting. Finally, crime fighting facilities should also be made available to

staff and offices of the commission nationwide.

4.3 HYPOTHESES

Given the objective of the study, the following hypotheses were employed

as guide to the research:

1. The higher the level of autonomy granted to Economic and Financial Crimes

Commission (EFCC) in the discharge of its duty, the higher the level of

effectiveness of its operations.

The higher the severity of punishment given to corrupt people, the lower the

level of corruption in the country.

54
 CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 SUMMARY

The study revealed that, the rate of corruption in the country was very

high before the establishment of Economic and Financial Crimes Commission

(EFCC). The data gathered from Transparency International (TI) shows that on

several occasions Nigeria were ranked first and second respectively as the

most corrupt country of the world.

The study also revealed that Economic and Financial Crimes

Commission (EFCC) as a commission has no strong control over her staff, this

is considering the fact that about 65% of her staff are drown from other

government establishments like Central Bank of Nigeria, State Security

Services, Customs, Immigration, etc and as such could be recalled by the

mother organization anytime. It could be at a time the particular staff is

undertaking a very sensitive assignment for the commission. The case of the

former Chairman Ribadu sent on study leave and the acting chairman

redeployed as an area commander of police unity by the mother organization

(Nigerian Police) is a recent case at hand to buttress the above point.

On the issue of autonomy, the finding shows that the commission has no

autonomy whatsoever. This can be deduced from the Act that established the
55
commission itself. While Section 2(3) empowered both the presidency and the

Senate to appoint chairman and members of the commission, “the chairman

and members of the commission other than the ex-office members shall be

appointed by the president subject to the confirmation of the Senate”, EFCC Act

(2002). Section 3(2) of the same Act on the other hand weakens its

independence by permitting the president to remove any member of the

commission for good or no reason. The section states “A member of the

commission may at any time be removed by the president for inability to

discharge the functions of his office (where arising from infirmity of mind or body

or any other cause) or for misconduct or if the president is satisfied that is not in

the interest of the commission or the interest of the public that the member

should continue in office” EFCC Act (2002). To re-anchor the weakness of the

commission, the Act gives power to the Attorney General of the Federation

(AGF) to make law that will regulate the activities of the commission. The AGF

may make rules or regulations with respect to the exercise of any of the duties,

functions or powers of the commission under this Act. To crown it all, the AGF

under Section 174 (1-3) of the 1999 Constitution has been given so much

power such that, it can takeover, truncate, discontinue any criminal proceeding

undertaken by any organization in the country. When such power is exerted on

the Economic and Financial Crimes Commission (EFCC) it becomes very

difficult for the commission to operate. All the above nitty gritty culminated into t

56
 the unceremonial removal of Nuhu Ribadu as the Chairman of the

commission.

57
 The study also revealed that in as much as the Economic and Financial

Crimes Commission (EFCC) Act recommends for stiff punishment, the study

reported that corrupt people in the country for over time has not been given

severe punishment as stated in the constitution and Economic and Financial

Crimes Commission (EFCC) Act 2002. This can account for the new dimension

of judgment recently introduced in the judicial system called plea bargaining.

The procedure involves the accused persons disclosing some information,

releasing some funds and properties in their possession and pleading guilty to a

lesser offence than the ones they are originally charged with. Former Balyelsa

state Governor, Chief Diepreye Alemieyesigh, was prosecuted by the Economic

and Financial Crimes Commission (EFCC) for money laundering, false

declaration of assets and illegal acquisition of properties. He, however, entered

into a plea bargaining with the Economic and Financial Crimes Commission

(EFCC) and was convicted on lesser charges and consequently to two years

from the date of his arrest. He has now regained his freedom supposedly

benefiting from plea bargaining (punch, 2008:5). The plea bargaining has

created soft landing for corrupt people in the country. Plea bargaining amounts

to judicial distortion of statutory provision because accused person may be

charged with an offence far lesser than those he committed and therefore gets

far lesser punishment than statutorily prescribed for offences actually

committed.

58
 The research work revealed that Nigerians have to embrace the courage

of EFCC Chairmen by waking up from the shackles of condoling and

encouraging corruption. Those involved in corrupt practices should be exposed

in all ramifications no matter the cost.

Moreover, religious bodies in Nigeria should join hand with the

government to fight this monster. They should preach against it. The economy

has been in a state of disarray for too long, as it is time for us to take the bull by

the horn. Our slogan should be “say no to Bribery and Corruption” Churches

and Mosques owe Nigerians a big deal of character molding at this moment of

transformation.

Finally, the finding established that the activity of Economic and Financial

Crimes Commission (EFCC) has significantly reduced corruption in the country.

This is supported by Table 5 in which Transparency International

Corruption Ranking, ranked Nigeria 32nd in corruption out of 179 countries as in

2010 against the 2nd position in 2002. It acknowledged the insurmountable effort

exhibited by Economic and Financial Crimes Commission (EFCC) in curbing the

proliferation of corruption in the country.

5.2 CONCLUSION

In the dark days of Sani Abacha, American general, Collin Powell

declared corruption as a virtue in Nigeria. He said this despite Abacha’s

seemingly campaign against corruption with the celebrated arrests and

detentions of some leading bankers on alleged fraudulent practices. Not

many people in that regime treated Collin Powel’s comment with the
59
 degree of seriousness it deserved. After Abacha’s death, it became

obvious why the Americans and the west were not convinced about this

sincerity to fight corruption. So now that the developed world says we

should do more on the current corruption war, definitely know what they

are talking about.

Corruption has become more sophisticated with each successive regime

over the years that those alleged to be fraudulent in the past now consider

themselves saints.

In this work, the research has tried to review critically how the selfish

decision always taken by the elites encourage corruption in Nigeria.

At this point in our national life, no one can say that there is lack of

political will to deal with the problem. But the problem of fighting corruption goes

beyond the will of the man at the top. It is the failure of leadership as it is the

criminal negligence and the unwillingness to do the right thing and to help in

building formidable institutions to fight the source. Corruption is a battle to be

prosecuted not only by EFCC and ICPC, but also an entire Nigerians.

I sincerely believe that with the commitment of all Nigerians and the

sustenance of current efforts, a new Nigeria which is devoid of corruption,

bribery, negligence of duty, nepotism and tribalism shall be built. No nation can

make any meaningful progress under a corrupt system. This realization has

occasioned a global re-awakening of interest on how to eradicate menace of

unethical corrupt practices in Nigeria.

5.3 RECOMMENDATIONS
60
 In view of the research findings, the following recommendations are

made as a measure to curtail corruption in the Nigeria system and as well

as enhancing the efficiency of Economic and Financial Crimes

Commission (EFCC).

1. Improved publicity will certainly lead to a decline in corruption because

the behaviour and action of politicians will constantly be focused and

disclosed to the public. In England during the later 18 th century, the

activities of political journal like The Rambler, The Spectator and the Tatle

did a lot to put politicians on the alert, and this in turn, helped to reduce

the incidence of corruption in public life (Adebayo, 2004:28). This

informed why the Freedom of Information (FOI) Bill should be passed by

the National Assembly to enable access to information without problem.

The most urgent task in order to secure the independence of the

Economic and Financial Crimes Commission (EFCC) and avoid the violation of

the right of equal protection under the law is to amend section 3 (2) of the

Commission Act and any other necessary provision so that members of the

Economic and Financial Crimes Commission (EFCC) Can discharge their duties

without fear or favour, affection or ill will. The overwhelming majority of the staff

of the commission if not all, should be recruited from the pool of fresh graduates

and by the commission itself instead of mass transfers and secondments from

other government.

2. This mass transfers and secondments would only transform the new

organization into where they are transferred from. Thus, fresh graduates
61
 should be trained from the scratch towards an appreciation of the

importance and objectives of the commission. There should be a

systematic and continuous research into the structure and process of

corrupt practice as well as periodic evaluation of the effectiveness and

efficiency of the work of the commission. On a very serious note, the

commission independence with regard to funds, human and material

resources should also be guaranteed.

3. Anti- corruption agency should immediately work to repeal the

IMMUNITY CLAUSE in the 1999 constitution. The clause tends to

encourage corruption, both at the federal and state levels. Public

officials, especially representatives and state governors have been

openly corrupt because they know that they cannot be prosecuted while

they are still in office. As can be seen, state governors, local government

chairpersons and high level civil servants have deprived their citizens the

right to economic development, health care, effective mass

transportation, sound education, affordable housing, and drinkable water

due to excessive embezzlement as a result of the clause.

4. EFCC should probe the financial affairs of educational institutions.

Previously in the past, the university and educational management

authorities make sure that some structures and infrastructure are

maintained, leaking roofs are patched, worn out paints are restored and

the sanitary condition of the institution are managed well, but these days,

62
 although more funds are sunk into the educational sector, yet the already

existing infrastructures are not properly managed or maintained, let alone

providing new ones.

5. The EFCC or judicial commission should be set up to investigate the

judicial system in order to find out why cases go through the Nigerian

court system in a snail–like speed. There are too many delays and

adjournments in the trial of cases. As a result, unfortunate suspects are

sometimes locked up in detention for years awaiting trial. A law should be

passed which states that if a case is not tried after a certain time period,

the suspects in detention should be released. For example, the Odi boys

who were suspected to have killed 12 policemen in November, 1999 are

still detained in prison while the case is constantly postponed. The delays

and unnecessary postponements amount to corruption of Justice.

6. Finally, combating corruption requires a broad range of integrated, long

term, national and international sustainable efforts and reforms. The

standard that includes decency, transparency, accountability and

qualitative general services delivery is essential. It is only when these are

done that perpetrators of corruption will be punished in accordance with

the various provisions of the law. Economic and Financial Crimes

Commission (EFCC) Act inclusive.

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Nwabueze, B (2000) Nigeria. Real Problems, Real solutions Enugu; Snaap
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 JOURNALS

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Oliver De Sardon Jean- Pierre (1999) “A moral Economy of Corruption of
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67
68
 NEWSPAPERS/MAGAZINES

Aiye Kofi A. (2007) “Alamieyeseigha forfeits Hotels, Firms, Building to Balyelsa

Government in the Sun newspapers, August 1.
Akindona, O. (2006) “Tension in the Government Circles” In the Tell Newspaper,
September 4.
Al- Alalibo, A. (2006) “So Tafa Balogun is a free man” In the Punch, February 2.
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 LIST OF TABLES
S/No page

1. Table 2.4.3.2 Staff Distribution and Sample Structure -24

2. Table 3.1 Classified Lootings of Nigerian Funds - -32

3. Table 4.2.1 Classification of Respondents According to Sex -60

4. Table 4.2.2. Classification of Respondents According to Age. 61

5. Table 4.2.3 Classification of Respondents According to

the Level of Education - - - - - -62

6. Table 4.2.4 The Rate of Corruption in Nigeria Before the

Establishment of EFCC. - - - - - -62

7.Table 4.2.5 Transparency International Corruption Ranking

for Nigeria 2000-2010. - - - - - -63

8. Table 4.2.6 Control Over the Staff of the Commission - -65

9. Table 4.2.7 Level of Autonomy - - - - -66

10.Table 4.2.8 Autonomy and its Impact on the Efficiency of

EFCC - - - - - - - - -67

11. Table 4.2.9. Corrupt People in the Country are Severely

Punish Base on the EFCC Act - - - - -68

12. Table 4.2.10 Severity of Punishment Reduces the Level of

Corruption - - - - - - - -69

70
 APPENDIX

DEPARTMENT OF POLITICAL SCIENCE

FACULTY OF SOCIAL SCIENCES

KADUNA STATE UNIVERSITY, KADUNA.

The researcher is a Postgraduate student in the Department of Political

Science, Kaduna State University, Kaduna, undertaking a research on “The
Fight against Bribery and Corruption in Nigeria. An Assessment of the
Performance of Economic and Financial Crimes Commission (EFCC)

This research project is purely for academic purpose and your answer to
any particular issue will be treated with utmost confidentiality.

Yours faithfully,

71
 Abdulkarim Muhammad

SECTION ‘A’

Please Tick √ as it applies to you.

1. Sex: Male Female

2. Age: (a) 20-35 (b) 36-45 (c) 46 and Above

3. Marital Status: (a) Married (b). Single (c) Divorce

4. Educational Qualification: (a) GCE/ND/NCE (b). B.Sc/HND

(c) M.Sc./Ph.D

SECTION ‘B’

5. What has been the rate of corruption in Nigeria before the establishment of
EFCC?

(a) Very high (b) High (c) Low (d) Very low

6. Do EFCC have total control over the staff of the commission?

(a) Strong control (b) Control (c) Not at all

7. Do EFCC has autonomy?.

(a) Yes (b) No

8. Can punishment as stated in EFCC Act serve as measures for reducing

corruption in Nigeria?

(a) Yes (b) No

9. Are corrupt people in the country severely punished base on the EFCC Act?

(a) Yes (b) No

72
10. What is your own view as the causes of corruption in Nigeria?

………………………………………………………………………..

…………………………………………………………………………

…………………………………………………………………………

11. Please list the five (5) problems encountered by EFCC.

…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

12. Please list five (5) ways you feel can improve the performance of Economic
and Financial Crimes Commission (EFCC)?
…………………………………………………………………………

…………………………………………………………………………

…………………………………………………………………………

73