THE LEGAL AND INSTITUTIONAL MEASURES IN COMBATING CORRUPTION IN NIGERIA

THE LEGAL AND INSTITUTIONAL MEASURES IN COMBATING CORRUPTION IN NIGERIA: ISSUES, CHALLENGES AND PROSPECTS

ABSTRACT

Corruption has been a social problem in Nigeria with debilitating consequences on the growth and development of the country. The country is the sixth largest exporter of crude oil in the world earning therefrom a revenue of about 57 billion USD annually. The country also has the biggest agricultural output on the African continent and 25th in the world and is reputed to be the largest economy in Africa with a GDP of 481.07 billion USD as of 2015. If properly utilized, the resources of the country can make the country grow to becoming one of the most developed countries of the world. The country has however failed to develop to its potential as a result of both pervasive and endemic corruption which has virtually crippled the country. It is estimated that the country has lost about 400 billion USD to corruption since independence in 1960 occasioning impoverishment of the vast majority of its population and dilapidation of the nation‟s infrastructure critical for social and economic growth. Successive regimes in Nigeria have enacted several legislation and established institutional frameworks to tackle the problem of corruption in the country but inspite of all these, the problem of corruption has not abated in the country but has continued to grow and in some instances with new sophistications. This thesis deals with the problem of corruption in Nigeria. It examines both the legal and institutional frameworks available in Nigeria for the fight against corruption in the country with a view to identifying their weaknesses and proffering recommendations to strengthening and making them more efficacious in addressing the problem of corruption in the country. The research also examined other factors that promote corruption in Nigeria. In analyzing the laws and institutions, doctrinal approach was employed. The Researcher also visited some of the Anti- Corruption Institutions in Nigeria such as the Economic and Financial Crimes Commission, the Independent Corrupt Practices Communion and the Code of Conduct Bureau for practical experience on their activities. Information was also obtained from relevant sites in the internet and the works of other writers on the subject matter. Similarly, relevant statutes and case laws were also used. The Research found certain provisions in the Anti-Corruption Statutes in Nigeria to be static, obsolete and non responsive to advancement in the society and to new trends of corrupt practices such as crimes perpetrated through money paying machines and devices like the Automated Teller Machines (ATM) and Point of Sale (POS) devices. The Research found some other provisions of these Statutes to be laconic, conflicting, contradictory and ambiguous which weakens their efficacies in curbing corruption in the country. Other factors such as insecurity of tenure of office of the Chairmen and Members of such Anti-Corruption Agencies as the ICPC and the EFCC, poor funding and lethargies of the various Anti-Corruption Agencies were found to contribute in hampering the effectiveness of these Agencies to curb corruption in Nigeria. Furthermore, the Research found the available punishment for corruption in Nigeria not meaningfully impactful in curbing the problem of corruption in the Country. Abdication of parental responsibility was also found to promote corruption in Nigeria. The Research recommends inter alia, amendments to some of the Anti-Corruption Statutes in Nigeria to cure the observed shortcomings and weaknesses including a provision for office forfeiture by any Public Officer or Officials of Corporate Entities who are charged to Court on corruption offences pending the conclusion of their trial and the prescription of drastic punishments such as the life imprisonment and death penalty for certain categories of corrupt practices and the inclusion of the office of the Chief Justice of Nigeria in the process of removal of the Chairmen and Members of the Anti-Corruption Agencies. The Research also recommends other unconventional ways to tackle the problem of corruption in Nigeria such as value re-invention, parental responsibility and the concept of indoctrination.

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Mar 18

EVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES

EVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES

Abstract:

International Humanitarian Law is applicable to Internal Armed conflict situations as provided by Article 3 Common to the Four Geneva Conventions 1949 and their Additional Protocol II of 1977.Provisions of these two Legal Regimes apply during extreme violence. Determining whether a particular situation is an Internal Armed Conflict is a question one should put in mind. Again even if a situation is determined to be an Internal Armed Conflict how do parties in an extreme violence implement and comply with these rules seem to be very difficult. In most situations, states deny a situation in their territory to be an armed conflict. They prefer to address the situation to be Internal Tensions and Disturbances which are not recognized by International Humanitarian Law. The research work aims at emphasizing on the compliance of International Humanitarian Law during extreme violence. The research work aims at enlightening the readers that International Humanitarian Law is Applicable to internal armed conflict that is within the confines of a single state. The objective of this research work is to show that states like Liberia and Sierra Leone and any other state facing the same armed conflict can begin to end the culture of impunity and bring in a sustainable peace by compliance with the rules of International Humanitarian Law. The working method chosen is more of a doctrinal approach which is qualitative in order to reach an understanding of the current position of Internal Armed Conflict and rules applicable to their violent activities. The primary source of materials for this research works are the Treaty Laws, textbooks, law reports and journals on international humanitarian law. The research work observed that the Armed Conflicts of Sierra Leone and Liberia have all the prerequisite conditions postulated by Common Articles 3 and Additional Protocol II to be applicable. The research work made some recommendations such Dialogue and Negotiation Common Article 3 and Additional Protocol II has laid down the minimum standard of rules that determines a conflict to be an internal armed conflict. That is whether the state is part of the conflict or not should engage into dialogue or negotiations with opposition armed groups than refuse to listen to the yearnings of the opposition groups. Again the research work recommended Ceasefire Agreement in situations where the parties in the armed conflict are unable to implement and comply with the rules of IHL. That is there should be ceasefire from both parties as first attempt. In a ceasefire arrangement, parties to the conflict primary aim are to suspend hostilities. This helps parties to be committed to implement specific IHL obligations and avoid violating IHL. And even if hostilities resumes, it will help to remind the parties their obligations under IHL. The research work recommended the Domestication Internal Armed Conflict Rules that is states that are parties to Geneva Conventions and Additional Protocols domesticate in their laws the rules of Common Article 3 and its Additional Protocol II and to observe their implementation. This ties the states to international obligations. This will avoid states from denying that Internal Armed Conflict exists in their territory.

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Mar 19

AN APPRAISAL OF THE CONCEPT AND SCOPE OF AGENCY RELATIONSHIP UNDER THE NIGERIAN COMMERCIAL LAW

Abstract:

Agency relationship from its origin, presents situation where a person (principal) is bound by the acts of another (the agent) and he (the principal) takes the rights and obligations arising out of such relationship is therefore, an exception of the doctrine of privity of contract which generally disentitles a person from acquiring any right or obligation arising from any contract to which he is not a party. Agency relationship arises when a person is vested with authority by another to enter into a legal transaction on his behalf. The two basic ingredients for agency relationship are authority and consent. However, in the course of this research, the finding of the writer is that the doctrine of privity of contract disentitles a person from acquiring any right under or being subjected to any obligation arising from a contract to which he is not a party to the contract. Thus, a contract cannot confer enforceable rights or impose obligations arising under it on any person except parties to it, this event, further constituted a statement of problem of the research. In view of this, the objective of this research is to identify the basic rules of agency relationship vis-à-vis their adequacy or otherwise in practice. In this regard therefore, the research finally concluded by recommending that the law should provide an avenue for redress to genuinely affected persons who the strict common law interpretation of privity of contract might have deprived of such. Such that even a perfect stranger could be awarded damages if infringement is proved. The sources of information relied upon here are relevant text materials, statute, journals (both local and international), judicial authorities and e-materials.

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Contents

Feb 10

A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION

ABSTRACT

Constitutional power, being the power fashioned out through the sovereign free will of the people, is basically meant to regulate the conduct of both the government and the governed. It is central to politics. The 1999 Nigerian Constitution vests executive powers in the President who is the Chief Executive. Similarly, the 1999 Constitution confers on the President, the power to assent to bills and modify existing laws. Even though there is provision for delegation of powers, such delegates act only for and on behalf of the President hence such acts are acts of the President. In a country like Nigeria, whose history, especially as regards executive Presidency dates back only to 1979, it is obviously difficult to attempt to imbibe the political model of the United States of America whose executive Presidency is centuries old, without obstacles. When such powers as are conferred by sections 5, 58 and 315 as well as other specifically granted powers in the Constitution are vested in one man called the President, without effective checks and balances, and without a clear frontier as in section 5(1)(b), the tendency is that such powers will be misused. Power, it is said, “tends to corrupt; absolute power corrupts absolutely”1. It is in the light of the foregoing that this thesis examines the gamut of the powers vested in the President, particularly as exercised since the coming into being of the 1999 Constitution.

 

TABLE OF CONTENTS
PAGES

TITLE PAGE DECLARATION CERTIFICATION DEDICATION ACKNOWLEDGEMENTS TABLE OF CONTENTS ABSTRACT
TABLE OF STATUTES TABLE OF CASES

CHAPTER ONE: GENERAL INTRODUCTION

INTRODUCTION

STATEMENT OF THE PROBLEM

OBJECTIVES OF THE RESEARCH

JUSTIFICATION

RESEARCH METHODOLOGY

SCOPE/LIMITATION

LITERATURE REVIEW

ORGANISATIONAL LAYOUT

CHAPTER TWO

THE CONCEPT OF POLITICAL POWER 19
Normative View of Power 21
Post-Modern View of Power 21
Pragmatic View of Power 22
The Crux of Political Power 22
THE NATURE OF PRESIDENTIAL POWERS 23
Origin of Executive Presidency 23
The nature of executive power exercisable by the President 24
The Specific Grant Theory 25
The Residual Power Theory 27
The Inherent Power Theory 29
Power and Prospect of Arbitrariness: Checks and Balances 32
GENESIS OF THE EXECUTIVE PRESIDENCY IN THE 1999 CONSTITUTION 34
History of Executive Powers of the President 35
BASIC FEATURES OF THE 1999 NIGERIAN
CONSTITUTION 39
Basic Features of the Constitution 40
It is Presidential in Nature 40
Its Supremacy 41
Its Written and Rigid Nature 42
Its Republican Nature 43
Its Federal Nature 44
Separation of Powers 45
Rule of Law and Basic Rights 46
CHAPTER THREE
A CRITICAL ANALYSIS OF PRESIDENTIAL POWERS
UNDER THE 1999 NIGERIAN CONSTITUTION 48
POWER TO EXECUTE AND MAINTAIN THE
CONSTITUTION 48
SECURITY POWERS 53
POWER TO APPOINT AND REMOVE FROM OFFICE 55
Ministers and Special Advisers 55
Power to Appoint Federal Attorney-General 57
Civil Service of the Federation 60
Power Over Commissions and Councils 61
Judicial Appointments 64
POWER OVER PUBLIC REVENUE 65
PREROGATIVE OF MERCY 65
EMERGENCY POWERS 67
POWER OVER EXISTING LAWS 70

CHAPTER FOUR

A CRITIQUE OF THE EXERCISE OF EXECUTIVE POWERS IN THE 1999 CONSTITUTION

Power to act within the Ambit of the Constitution

Maintenance of Public Safety and Order

Power to Appoint and Remove from Office

Command and Operational use of the Armed Forces

Emergency Powers

Rule Making Power And The Separation Of Powers

4.6.1 Implications of Presidential Power under sections 58 and 315 of the Constitution

CHAPTER FIVE

SUMMARY
Powers of the President
OBSERVATIONS
RECOMMENDATIONS
Redefine the power of the President under section 5(1)(b)
Decentralise the Police Force
Strengthen National Defence Council
President should obtain concurrence before exercising emergency powers
Divest the President of Power to make rules
CONCLUSION

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