A CRITICAL APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ANTI CORRUPTION CRUSADE IN NIGERIA

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ABSTRACT

 

 

 

This dissertation gives an appraisal of the legal regime for combating corrupt practices in the public service of the federation. The objectives of the study are to examine the legal regime for combating corrupt practices in the public service of the Federation. Highlight the merits, demerits, challenges and to proffer some recommendations.

The main problem with the legal regime to combat corruption in the public service is lack of focus on the issues that cause corruption therefore result in failure to apply the appropriate remedies to tackle corruption. Another key challenge affecting the fight against corruption in Nigeria is the location of anti-corruption functions within multiple and operationally diverse institutions, which despite their closely related and even overlapping mandates have limited interface and cooperation and seldom coordinate policies and operations. Other factors affecting the fight against corruption are lack of funding, and bureaucracy.

Furthermore, the immunity clause under section 308 of the Constitution of the Federal Republic of Nigeria precluding prosecution against some members of the public, the system to check those in authority is ineffective to supervise and be a motivating factor for individuals to be honest in their work and the constitutional safeguard for presidential pardon in insufficient to restrict the abuse of the power by the president.

Despite all efforts, Nigeria continues to fall short of the standards and requirements of an effective anti-corruption regime as embodied in regional and global anti-corruption conventions.

It is observed that the legal regime to fight corruption have failed to curb corruption in the public sector. Unfortunately, the trend is that corruption is exacerbating with the passage of time

 

       ORGANIZATIONAL LAYOUT

 

The dissertation is divided into five chapters. Chapter one provides the general background of the study highlighting the introduction of the topic, statement ofUnder it, the Penal and Criminal Codes will be briefly discussed. Also, Auditor General of the Federation, Public Procurement Act and Nigeria Extractive Industries Transparency Initiatives and presidential pardon will be discussed so as to show the loopholes that prevents such legal framework from curbing corruption in the public service.

Chapter four examines the institutional framework for combating corruption in Nigeria. Under it, judiciary, ICPC, EFCC and the Nigerian Police and Public Complaints Commission will be discussed so as to show the effectiveness and otherwise of such institutions to curb corruption.

Chapter five provides the summary, conclusion, finding of the study, and recommendations to address the issues of corruption in the public service.

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