A THERAPEUTIC ANALYSIS OF ANTI- CORRUPTION LAWS IN NIGERIA

Abstract

The issue of corruption has become the bane of political and economic development all over the world particularly in Nigeria where the monster has attained an embarrassing dimension. This ugly phenomenon has elicited global attention with the resultant domestic legislations put in place by independent states to curtail its spread. This paper shall examine critically the cankerworm called corruption within the legal framework of existing legislative measures particularly the anti-corruption agencies. The powers of the Independent Corrupt Practices Commission alongside the Economic and Financial Crimes Commission shall be thoroughly examined in the light of other existing and past legislations/enactments under the Criminal and Penal Codes, Public Officers (Investigation of Assets) Decree No. 5 of 1996, Corrupt Practices Decree No. 35 of 1975 and Recovery of Public Property (Special Military Tribunals) Decree 1984. It will be recalled that over the years, successive governments in Nigeria have been confronted with the issue of corruption. In order to address same, the criminal as well as the Penal Codes applicable in both Southern and Northern Nigeria contain provisions dealing on corruption but in spite of the aforesaid provisions, the Military Government of Nigeria under the Leadership of General Mutala Mohammed promulgated corrupt practices Decree No. 35 of 1975 to tackle the problem of corruption in Nigeria. This said decree was however abrogated in spite of the laudable provisions contained therein. But owing to the inability to put effective legal machinery in place to tackle the ugly monster called Corruption, its prevalence within and outside government business, has continued to escalate.