The Role Of The Legislature In The Fight Against Corruption A Case Study Of Nigeria’s Fight National Assembly (2015-2018)
Chapter One
Introduction
1.1 Background to the Study
Corruption has been a persistent phenomenon in Nigeria and President Muhammadu Buhari acknowledged this much when he complained that corruption as the greatest form of human right violation. Since the creation of modern public administration in the country, there have been cases of official misuse of funds and resources and this has been a major challenge to Nigeria’s search for enduring socio-economic, political and technological development as well as efficient, productive utilization of allocated resources has been the pervasive corruption. The devastating effects of corruption in the country have among others, manifested in lopsided distribution of wealth, malfunctioning or decayed infrastructure and degrading living condition among a great proportion of the citizenry. The country cannot but respond to both domestic and international pressures to confront corruption with all possible strategies available.
Ironically, it has become apparent that even the institutional mechanisms designed by government to fight against corrupt practices are themselves not immune from the plague. Indeed, the creation of extra legislative institutions saddled with the tasks of fighting corruption is itself an indictment on the constitutional framework and a pointer to the wide gulf of differences between constitutional prescriptions and the practical realities in an emerging democracy preceded by long years of military rule, marked by massive corruption and rule with impunity. For reasons not unconnected with the damaging impact of corruption on any nation where it is deeply rooted and the limitations imposed on international bodies for the observance of rule of national sovereignty, the fight against corruption has often been domesticated. Thus, while international institutions like the World Bank and International Parliamentary Association (IPA) have continued to champion the need to combat corruption, such efforts could only serve as catalyst for domestic institutions to confront corruption. It serves no guarantee that national institutions so saddled with the task would perform their duties at all or as required.
Although a broad-based coalition of actors, especially comprising the executive, the legislature and the judiciary is needed if any progress is to be made in curbing corruption (Leautier, 2006), the role of the legislature particularly appears all encompassing and very important (Wolffowitz, 2006). For one, the legislature, as the accredited representative of the people has the duty of protecting public funds and other resources. As the controller of the purse, it has the additional duty of serving as the guardian of the public treasury.
Moreover, appropriation of public expenditure requires the legislature to monitor the use of such funds to ensure judicious utilization for the overall benefit of the people. The legislature occupies a vantage position in the making and unmaking of the laws, including those pertaining to the eradication/reduction of corrupt practices in public and private life. There, indeed appears to be a convergence of views, not only among the World Bank and the IPA, but also among other commentators on corruption, that national representative assemblies stand in good stead to curb corruption (Stapenhurst, Ulrich and Strohal (2006). It is against this background that the role of the legislature in a deeply corruption infested society like Nigeria may be appreciated.
Prior to the return of democracy in 1999, corruption had become institutionalized under successive military regimes. The culture of ethical behavior and accountability in government were not only glaringly assaulted but also grossly eroded. Therefore, the restoration of democracy and by implication, the return of a representative assembly was seen as the appropriate medium required for restoring accountability and efficiency in the utilization of public resources. This, in fact, is what the scrutiny of administration by the assembly seeks to achieve in a democratic regime. Apart from this, the law-making and representational powers of the legislature are further boost to a willing assembly to curb corruption. This research is therefore an attempt to examine the role of the legislature in the fight against corruption with specific beam on such roles as exercised by the 8th National Assembly in combating corruption in Nigeria between 2015 and 2018.
1.2 Statement of the Problem
Corruption has been identified as the cankerworm and major obstacle to the development of Nigeria. It is indisputably one of the greatest challenges of development in Nigeria, apparently contributing to the impoverishment of the people with attendant loss of lives, poverty and unemployment. The impact of corruption, of course threatens the stability of the Nigerian society, just as political corruption has been a recurring decimal in country. It is not far-fetched to state that Nigeria, Africa’s most populous nation is richly endowed with immense natural and human resources, these have been squandered in hysterical adventure of corruption, which have led the nation into a state of underdevelopment due largely to uncommitted, self-serving leaders.
The Nigerian state itself has been labeled as a product of corruption due to the processes that led to its emergence as an independent state and the imposition of corruption prone leadership by the departing colonial masters. As the Nigerian state progressed, part of what encouraged corruption in the country is allegedly rooted in the collapse of oil prices in the world market in the early 1980s. This is so because as the expansion in economic activities driven by the oil boom in the 1970s came to an abrupt end, the economy was affected the economy badly and some of the attendant consequences of this collapse ranged from low capacity utilization in industries, unprecedented retrenchment of workers, unemployment and irregular payment of wages and salaries in both the private and public sectors of the economy. These forces either singularly or collectively fuelled the advent of corruption in the system. Unfortunately, the ensuing intervention of the military in governance and politics and their style of administration worsened the situation.
Thus the impact of the cankerworm called corruption is well documented and generally accepted as a challenge that has to be confronted if the Nigerian economy is to move forward. Efforts of various administrations have led to the adoption of different strategies, programmes and agencies to tackle the problem of corruption and the attendant poor service delivery in Nigeria, however, the challenge remains. Several measures by various administrations over the years to fight corruption had tended not to yield the desired results as the problem of corruption has persisted.
As expected, the 1999 constitution of the Federal Republic of Nigeria places enormous responsibility on the legislature as far as the control of public funds in concerned. Under it, there are constitutional, political and operational mechanisms that specifically empower the legislature to hold those saddled with the responsibility of executing laws made by it as well as expending resources appropriated by it accountably. The legislature is the main institutional anchorage provided for in the constitution for the fight against corruption. It is also permitted by law to create other institutions and frameworks to assist it and the government in the discharge of that onerous duty. In fact, the legislature appears sufficiently equipped under the constitution to serve as effective check on the executive and its administrative agencies in all aspects of public administration. Yet it appears that the legislature at all levels of government – federal, state and local government have been unable to adequately discharge this task devolved upon it by the constitution in this regard.
While it is acknowledged that the role of the legislature is important in curbing corruption, there has not been much attempt to examine how the 8th national Assembly in Nigeria has fared in the performance of this responsibility. This research therefore directs attention to the unique role of this important organ of government in the emerging democratic experiment. This is important since competitive democracy, according to Klitgard (1991) is capable of institutionalizing accountability with the consequential reduction of corruption. Conversely, failure to curb corruption in various dimensions and magnitude that the malaise is manifesting in the fragile democracy like Nigeria has a tendency to threaten democratic sustainability and cripple economic development (Diamond, 1991). This research is therefore an attempt to examine the role of the 8th National Assembly in combating corruption in Nigeria.
1.3 Research Questions
This research is anchored on the premise of providing answers to the following questions:
What is the role of the legislature in the fight against corruption in Nigeria?
What are those specific legislative mechanisms and actions taken by the Nigerian 8th Assembly to tackle corruption in the country?
To what extent has the 8th National Assembly cooperated with the executive arm of government in the fight against corruption in Nigeria?
Objectives of the Study
The objective of the study is two-fold: broad and specific:
Broad Objective:
The main objective of this study is to examine the role of the legislature in the fight against corruption in Nigeria.
Specific Objectives:
To identify the role of the legislature in the fight against corruption in Nigeria.
To pinpoint those specific legislative mechanisms and actions taken by the Nigerian 8th Assembly in the fight against corruption in the country.
To find out the extent to which the 8th National Assembly has cooperated with the executive arm of government in the fight against corruption in Nigeria?
Research Hypotheses
Hypothesis 1: There is a significant relationship between the constitutionally assigned role of the legislature and the fight against corruption in Nigeria.
Hypothesis 2: Corruption tends to flourish in Nigeria because the 8th National Assembly has not utilized enough legislative mechanisms to tackle the menace in the country.
Hypothesis 3: The fight against corruption in Nigeria seems difficult due to lack of cooperation by the 8th National Assembly with the executive arm of government.
1.6 Significance of the Study
The significance of the study is two-fold. First, in the practical sense, the study is significant as it is meant to examine the role of the legislature in the fight against corruption in Nigeria. The attempt here is to suggest practical solutions to whatever undermines the role of the legislature in the fight against corruption in the country.
The second level of significance is in the theoretical sense in which case, the study will contribute to knowledge in the generation of academic material suitable for diagnosing problems the bedevil the Nigerian legislature, especially, the 8th National Assembly in the fight against corruption in the country. This would be must useful to the entire academia, researchers and students alike.
1.7 Scope and Limitations of the Study
In examining the role of the legislature in the fight against corruption in Nigeria, the scope of the study was limited to the study of the policies, instruments, activities, actions of the 8th National Assembly involving the Senate and the House of Representative under the respective leadership of the Senate President, Senator Bukola Saraki and Hon. Yakubu Dogara (Speaker, the House of Representatives) and spanning the period between 2105 and 2018..
One significant problem encountered during the course of the study was the difficulty (due to time and financial constraints) in covering the area of study which should naturally be the entire Nigerian federation as the owner of the 8th National Assembly. To surmount this, the researcher decided to adopt Akwa Ibom State as the area from where the population of the study was drawn as a reflection of the entire country, to draw data upon which generalizations were drawn.
1.8 Definition of terms
Under this section, some key concepts that shall be repeatedly used in this report are defined and how they are to be applied are clarified for the purpose of proper understanding of the work. These concepts are as follows;
Corruption: This is the misuse of public office for private profit or benefit of a person, group or class in such a way that constitutes a breach of public trust and law or of standards of moral conduct.
Bribery: This is the payment (in money or kind) that is given or taken in a corrupt relationship. To pay or receive bribe is corruption and is understood as one of the strong drivers of corruption. A bribe could be a fixed sum, a certain percentage of a contract or any other favour in money or kind, usually paid to a state official who is a position to design contracts on behalf of the state or otherwise distributed to companies or individuals, businesses and clients.
Anti-corruption: This refers to measures, mechanisms, acts and laws officially adopted/institutionalized by the state, its arms and agencies for the purpose of preventing, checking and reversing corruption and related acts in Nigeria.
Legislature: A legislature is a place or body of those elected explicitly for the making or changing of laws for the public good and for general utility.
Leave a Comment