THE ROLE OF EFCC IN THE FIGHT AGAINST

MONEY LAUNDRY IN NIGERIA (2003-2018)

BY

ABUBAKAR MUSA

masinboko@gmail.com

08065388408

SEMINAR PAPER PRESENTED AT INTERNATIONAL

INSTITUTE OF AFRICAN RESEARCH CENTRE

July, 2020

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INTRODUTION:
1.1 Background to the study
Money Laundry is a universal social phenomenon which cuts across both
developed and developing countries. It occurs at all levels of governance, that is,
international, national, state and local. But, it is more pronounced in African countries.
However, Africa is the poorest continent in the world, and the richest in terms of natural
resources. Today the image of this blessed continent is battered by corruption and
leadership crisis. Money Laundry has tragically devastated African societies and made
millions of people destitute. The tentacles of money laundry has reached everywhere in
the African continent, which posed threat to sustenance of democracy and good
governance (Adesote and Abimbola, 2015, pp1-2).
In Nigeria, money laundry seems to have gone so deep into the vain of Nigerian
leaders that their major aim and objective of seeking political power centre around
securing access to the national treasury where they can grab as much as possible before
leaving or booted out of power. The Government House has become synonymous with
having access to the “gold mines” (Salami, 2000:76). In Nigeria due to pervasiveness of
money laundry, politics is defined and practiced “as the quickest and easiest means for
enriching oneself. It is to them the fastest means of joining and being a bona-fide member
of the “millionaire club” (Salami, 2000: 76-77).

Nigeria is often perceived as the ‘giant of Africa’ by most Africans, perhaps,

because of its remarkable achievements in the continent in the past three decades. Today,
the same country is looked upon by the rest of the world as a ‘crippled’ giant, a veritable
modern wasteland, a nation where corruption is extolled as a national culture, tradition;
as a nation of business scams and fraudulent investment and contractual opportunities.
Almost all the sectors of the Nigerian Economy either political, economic, security,
education and other social service sector are badly affected with money laundry on daily
basis if not every seconds. Money laundry is pandemic in Nigeria (Jimmoh, 2017).
The need to curb the trend of money of laundry and lack of accountability by those
occupying positions of authority in Nigeria necessitated the establishment of EFCC in
2003 by President Olusegun Obasanjo. This patriotic move became imperative in
response to pressure from the international community which named Nigeria as one of
the notorious 23 countries that did not cooperate with the fight against money laundering.
The government later promulgated the EFCC Act 2004 to give legal backing to the
watchdog agency. Nigeria’s target with regard to financial accountability and
mismanagement of common wealth is zero tolerance for corruption. EFCC was

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established by law and saddled with the mandate to fight fraud and other corrupt practices
to a standstill (Ribadu, 2006)

More than a decade of the establishment of EFCC, frauds and money laundry have
seemingly become endemic in the fabrics of the Nigerian economy, especially the public
sector. Expectedly, with this anti-graft agency of government, a stiff contention against
all forms of economic crimes and fraudulent/corrupt practices in the economy should be
the order of the day but the obvious is that these institutions have been criticized for poor
performance judging by the increase wave of money laundry and fraudulent practices
pervading the economy today, particularly the public sector (Olurankinse and Bayo,
2014).

However, from 2002 to 2015, some school of thoughts are of the opinion that
EFCC was established to antagonize and silence government critiques and oppositions.
This is evident in their selective and self-styled prosecution of crime offenders. Besides,
other school of thoughts believed that the institutions are like a toothless barking dog that
can only bark but could not bite. They based their argument on the fact that they do not
have the political will to prosecute some offenders, simply because they were not
strengthened/ empowered legally enough. To worsen the situation and as a testimony, in
the recent past, the chairman of the EFCC lamented and cried out that the commission is
incapacitated to pay their lawyers who are to prosecute crime offenders due to lack of
funds (Olurankinse and Bayo, 2014).

From 2015 to date, Economic and Financial Crimes Commission (EFCC) has
stepped up investigation and prosecution of corrupt current and former public officers.
There is palpable fear and concern everywhere in Nigeria now, especially among public
treasury looters because there is certainly no hiding place for them as the war against
corruption rages. Many who hitherto had been treated as untouchables have either been
quizzed, arrested or facing prosecution in courts. The anti-graft agencies’ dragnet has so
far caught many. Indeed, it is judgement day for yesterday’s men and women of impunity
who made corruption a way of life. Perhaps, the most mind-boggling case is the one
involving Sambo Dasuki, immediate past National Security Adviser (NSA) who is
currently standing trial for allegedly mismanaging $2.1billion meant for arms
procurement (Jocob, 2018).
The fact still remains that no meaningful society can grow amidst the monster
called corruption. Although before Nigerians have been yarning and hoping for an
economy that will savage our problem. Fighting against corruption in Nigeria, one must
acknowledge that is one of the most daunting and challenging task to embark on but with
political will and commitment by her leaders and the right attitude by all Nigerians there
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is no doubt that someday, the Transparency International report will rank Nigeria as one
of the least corrupt countries in the world (Ameh, 2007).
1.2 Statement of Research Problem:

Based on the above background, this study examines the role of EFCC in the fight
against money laundry in Nigeria.

1.3 Aims and Objectives of the Study:

The broad objective of this study is to examine the role of EFCC in the fight against
money laundry in Nigeria from 2003 to date

The study intended to achieve the following specific objectives:

i. To identify the factors that contributed to money laundry in Nigeria.

ii. To assess the role of EFCC in the fight against money laundry in Nigeria.
iii. To suggest solutions to enhance the role of EFCC in the fight against money
laundry in Nigeria.

1.4 Research Assumptions:

In line with the above questions and objectives, the study will be guided by the
following research assumptions:

i. There is strong relationship between greediness and money laundry in Nigeria.

ii. There is strong relationship between politicization of EFCC and its ineffectiveness
in fight against money laundry in Nigeria.
iii. Independent of EFCC and political will by the leaders will enhance the role of
EFCC in fight against money laundry in Nigeria.

1.5 Significance of the Study:

The study will be of immense important to the field of knowledge and also to the
students of social sciences in general and Political science in particular because it will
equip them with analytical tools for understanding the subject matter under investigation.
The study will serve as inspiration and motivation to future researcher for further debate
and inquiry on the subject under investigation. The study will practically be of
tremendous significance to the political actors, decision makers and policy makers,
because it will provide recommendations which will help immensely in enhancing the
role of EFCC in the Fight against corruption in Nigeria. The study will also educate and
enlighten public about the devastating effects of money laundry on Nigerian society.

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1.6 Scope of the Study:

The scope of this study specifically centered and covered on the role of EFCC in
fight against money laundry in Nigeria. The study will cover the period between 2003 to
date. The research will to be carried out using secondary data only. The researcher
chooses the above scope and period due to the rampant cases money laundry among
politician in Nigeria. However, this study will be design toward achieving these
objectives: to examine factors contributing to the problem of money laundry in Nigeria;
to assess the role of EFCC in fight against money laundry in Nigeria and; to proffer
solutions to enhance the role of EFCC in combating money laundry in Nigeria. These
objectives can be achieved through the collection of data relevant to the study.

1.7 Research Methodology:

Research Methodology is refers to methods, procedures, and techniques to be

adopted for collection, analysis and presentation of data. For the purpose of this research,
the study will make use of secondary data only. Secondary data is defined as the second
hand information sourced and obtained from published and unpublished materials. This
method is preferred due to the vastness of the study area as it cannot be possible for the
researcher, considering time and financial constraints, to source primary data from six
geo-political zones that made up of the study area. Hence, to collect the secondary data,
the research will obtain information from journals, magazines, text books, Newspapers,
encyclopedia, previous thesis, seminar paper presentation and any other secondary source
that may be relevant to the study. Moreover, information will also be obtained from
relevant electronic websites.

The collected data would be analyzed using content analysis (i.e. qualitative
method of data analysis). Content analysis is a method of analysis that utilizes a set of
procedures to make valid references from text. However, numerical data, charts, and
tables obtained from other sources will be properly presented, analyzed, and
acknowledged. The research will put together facts and inferences to build an organized
account of the problem as it will help to avoid biased investigation of the hypothetical
proposition about the presumed relationship between the variable.

1.8 Organization of Chapters

This research work will be organized ino five chapters:
Chapter one is the general introduction, which comprises of the background of the study,
statement of research problem, aims and objectives of the study, research assumptions,

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significance of the research, scope of the study, research methodology and the
organization of chapters.
Chapter two will contain literature review; and theoretical frame work.
Chapter three will discuss the brief historical background to money laundry in
Nigeria; and also origin, structure, functions, activities of EFCC will be discussed.
Chapter four will contain an appraisal of the assessment of the role of EFCC in the
fight against money laundry in Nigeria;
Lastly chapter five serve as a concluding chapter, which comprises of summary,
conclusion, recommendations based on the findings of the research.

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 CHAPTER TWO

LITERATURE REVIEW AND THEORETICAL FRAMEWORK

Introduction:
Literatures on the role of EFCC in the fight against corruption in Nigeria are very
rich indeed. This is not unconnected to the fact that money laundry among politician in
Nigeria became the order of the day, which has been and would continue to be the centre
of discussion. However, this chapter will review existing literatures relevant to the topic
through the use of both thematic and chronological method of literature review.
Conceptual Clarification:

Concept of Money Laundry:

In the literatures, money laundry is variously defined. It is the diversion, siphoning

and misuse of public funds for private gain (Sandholtz & Taagepera 2005:109, World
Bank, 2000) cited in Nkemdilli (2013; p 69).
In the definition shared by most political scientists, political corruption is any
transaction between private and public sector actors through which collective goods are
illegitimately converted into private-regarding pay offs (Heidenheimer, et; al, 1996:6).
This definition does not, however, distinguish clearly between political and bureaucratic
corruption. It establishes the necessary involvement of the state and state agents in
corruption, without any notion as to the level of authority where corruption takes place
(Amundsen, 1999:3).
Money laundry is broadly seen as fraudulent, dishonest, illegal behaviour
particularly of those in authority positions. Any official conduct that is enacted or
obtained at the price of a fee, payment in cash or kind, that is against the standards, rules,
values and expectation of a society is considered as money laundry. Money laundry is
value laden, which includes immorality, moral debasement and depravity that has to do
siphoning of public funds. (Ade, Babatunde & Awoniyi, 2011) cited in Usman (2013; p
64).
Similarly, Gould (1991) sees money laundry as an immoral and unethical
phenomenon that contains a set of moral aberrations from moral standards of society,
causing loss of respect for, and confidence in duly constituted authority. To Otite (2000),
money laundry is the perversion of integrity or state of affairs through looting and
siphoning of nation wealth. It involves treasury looting, rule bending to favour, cronies,
clans, friends, while harming foes and other perceived enemies (Otite cited in Keeper
2012).

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 Money laundry indeed is characterised by a colossal dearth of regard for laws,
order, accountability and good conscience (Otite, cited in Keeper 2012). From the array
of definition, it is clear that money laundry manifests in different forms, and could be
found in the social, legal, economic, educational and political realms, and also public and
private spheres. Therefore, money laundry is not necessarily an isolated event or an
individual problem, as it is an outcome of a country’s political and legal aspects,
economic and structural policies, the role of institutions, human development,
globalisation and its specific cultural configuration. Money laundry is therefore viewed in
our context as a cancerous ailment, a socio-political, economic, religious and moral
disease that spreads to all the different levels of society (Aluko, 2002:394).
According to Dr Y.B Usman, money laundry is synonymous with corruption, its
means much more than public officers committing fraud and stealing funds and assets
entrusted to their care. Its means the deliberate violations, for gainful ends, of standards
of conduct legally, professionally, or, ethically established, in private and public affairs.
These gains may be in cash, or, kind, or, it may be even be psychological, or political, but
they are made from the violation of the integrity of an entity and involve the subversion
of its quality and capacity (Usman, 2008: 1).
Concept of Corruption

Etymologically, the word “corruption” comes from the Greek word “corropius”
meaning an aberration or we may say a misnomer. Corruption according to Samuel
Huntington is defined as behavior of public officials which deviate from accepted norms
in order to serve private ends.

Amundsen (1999) goes on to posit that in a more strict definition, political

corruption involves political decision-makers. Political or grand corruption takes place at
the high levels of its political system. It is when the politicians and state agents, who are
entitled to make and enforce the law in the name of the people, are themselves corrupt.
Political corruption is when political decision-makers use the political power they are
armed with, to sustain their power, status and wealth. Thus, political corruption can be
distinguished from bureaucratic or petty corruption, which is corruption in the public
administration, at the implementation end of politics.
In a broad term, political corruption is the misuse of government officials of their
governmental powers for illegitimate private gain. Misuse of government power for other
purposes, like repression of political opponents and general police brutality, is not
considered political corruption. Illegal acts by private persons or corporations not directly
involved with government are not considered as political corruption either (Babylon’s
free Dictionary, 2008).

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 The United Nations Global Programme against Corruption (GPAC) defines it as
“abuse of power for private gain”. The Transparency International has chosen a clear and
focused definition of the term as “the abuse of entrusted power for private gain”. It can
also be defined as a pervasion or change from the general accepted rules or laws for
selfish gain (EFCC, 2010).
The World Bank however defines corruption as: The abuse of office for private
gains. Public office is abused for private gain when an official accepts, solicits or extorts
a bribe. It is also abused when private agents actively offer bribes to circumvent public
offices and processes for competitive advantages or profit. In view of the above, Agbu
(2003:3) observed that public office can be abused for personal benefit even if no bribery
occurs, through patronage and nepotism, the theft of state assets, or the diversion of state
resources.
Given this development therefore, corruption connotes any behavior that deviates
from an established norm with regards to public trust. It also means theft of public trust
whether the person concerned is elected, selected, nominated or appointed and it does not
matter whether the person affected holds office or not since anybody can be corrupt.
Economic Financial Crimes Commission

The Economic and financial crime commission (EFCC) is an arrow head in the
fighting against corruption in Nigeria and it was established as far back as 2003. The
EFCC is an inter-agency commission consisting board drawn from all Nigerian Law
Enforcement Agency (LEA) and the regulations. The commission has the authority to
investigate, to avert and prosecute offenders who engage in money Laundering,
embezzlement, bribery, looting and any form of corrupt practices, illegal arms dealing,
smuggling, human trafficking and child labour, illegal oil bunkering, illegal mining tax
evasion, foreign exchange malpractices including counterfeiting of currency, theft of
intellectual property and piracy, open market abuse, dumping of toxic wastes and
prohibited goods.(EFCC ACT,2004.)

The commission is also saddled with the responsibilities of identifying, tracing,

freezing, conflicting or seizing proceeds derived from terrorist activities. EFCC is also
host of the Nigerians Financial Intelligence Units (NFIU), established by law with the
responsibility of collecting suspicious transaction reports (STRs) from financial and
designated nonfinancial institutions, analyzing and disseminating them to all relevant
government agencies and others plus all over the world. Besides to other law relating to
economic and financial crime, involving the criminal and penal codes, EFCC is
empowered to enforce all the 1999 anti-corruption and anti-money laundering law.
(Section 46 of the EFCC ACT, 2004) Penalty inflicted on financial crimes by the EFCC

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Establishment Act range from combination of payment of fine, forfeiture of assets,
terrorist imply terrorist activities attracts life imprisonment.(EFCC ACT, 2004)

Theoretical Framework
This research titled “The role of EFCC in the fight against money laundry in
Nigeria” employed structural-Functionalist theory. However, some other theories (such
as Elite Theory, system theory and Group Theory.) will be adopted but are irrelevant to
this research because they could not explain clearly the role of EFCC in the fight against
money laundry in Nigeria.
Structural functionalism as a theoretical framework is intended to explain the basis
for the maintenance of order and stability in society and the relevant arrangements within
the society, which maintain the said order and stability. In our formulation of a structural
functional framework, social processes and social mechanisms are intervening variables.
A complete description of a social system would include, therefore, a treatment of the
social structures, and various functions of these structures; and of the social processes and
mechanisms that must be in operation if structures are to satisfy certain functions (Holt,
1967:90). It is Holt’s view that structural functional analysis is a distinguishable approach
primarily because of the selective aspects of social reality that it seeks to describe largely
in terms of structures, processes, mechanisms and functions. These four concepts are of
particular importance in the laws and theories that are developed (Holt, 1967:86).

The origin of modern functionalism can be traced to Comte. The prominent

theorists of structural-functionalism are Herbert Spencer (1874-96); Almond (1966);
Parsons (1937, 1961); Merton (1957); Davis (1959); Evans-Pritchard (1940); Meyer
Fortes (1945); etc. Almond (1966), one of the principal proponents of structural
functionalism, argues that every political system performs certain functions. He adopted
Easton‟s systems analysis and stressed the functions which could be included among the
input and output functions of all political systems. The inputs are the functions of interest
articulation, and interest aggregation; while the outputs are the functions of rule making,
rule application and rule adjudication. According to Almond, the functioning of any
political system may also be viewed in terms of its capabilities, which is the way it
performs as a unit in its environment. The concepts of regulative, extractive, distributive
and responsive capability are employed as criteria to assess how a system is performing
within its environment, how it is shaping its environment, and how it is being shaped by
the environment as well.
The structural functional analysis was first experimented in the biological and
mechanical sciences as part of systems analysis. It was adopted as a mode of analysis in
Sociology and Anthropology. It was developed for political analysis by Gabriel Almond

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(Haralambos and Heald, 1980). According to Varma (cited in Okolie, 2003), structural
functionalism revolves around two main concepts, namely, functions and structures, on
the basis of which Varma raised three basic questions - (1) what basic functions are
fulfilled in any given political system? (2) by what structures? and (3) under what
conditions? He stresses that while functions deal with the consequence (i.e. involving
objectives as well as processes) of patterns of actions, structure refers to the arrangements
within the system, which performs the functions. Although Comte may be defined as a
structural-functionalist, the perspective was developed primarily through the work of
Emile Durkheim, who emphasized the central role that moral consensus plays in
maintaining social order and creating an equilibrium or a normal state of society. The
basic assumption of the structural functional framework is that all systems have structures
which can be identified; and those structures perform specific set of tasks if they are to
remain in existence and maintain their relevance to the system. Political systems are
compared in terms of the manner in which structures perform the expected functions in
society. All political systems are therefore perceived to perform two basic functions –
input and output functions. Input functions are political socialization and recruitment;
interest articulation; interest aggregation; and political communication; while output
functions are rule making; rule application; and rule adjudication.
Structural functional analysis enabled the researcher to establish the relevance of
the structures created by government to eradicate corruption in the whole system. The
structural functionalism as a broad perspective in the social sciences which addresses
social structure in terms of the function of its constituent elements (i.e. norms, customs,
traditions and institutions), when applied, assisted the researcher to analyze and establish
effectiveness and/or ineffectiveness of the EFCC; constraints of the Act that established
the anti-graft agency; and its application of double standard in its fight against corruption
in Nigeria since its establishment in 2004.

This theory suggests functional specification of a designate structure established

for a particular set of activities. This goes to mean that a set of roles prescribed for an
agency as justifications for its existence. The operational powers of such structure
therefore flow from these very purposes. The EFCC is an agency (structure) of
government established to fight a specific form of corruption derived from it name, the
Economic and Financial Crimes commission. This is to say that the commission is
saddled with the function of fighting financial crimes and related offences. The legal
space and powers of its operations should be adequate to allow operational success in that
direction .This structural functional theory provides a theoretical clue for an assessment
of EFCC to determine the latitude of legal wherewithal it enjoys for its operations. For
structural functionalism, the question is what a structure does within the political system.

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This is to understand what is expected of the structure to do and the actual. In the same
token, EFCC is a structure established on the expectations to address the menace of
financial crimes within certain legal space. The actual performance and empirical results
achieved is to be viewed against the expected while paying attention to the powers
defining its operations.

The relevance of the theory is that the Nigerian state is made up of variegated
structure charged with performance of one function or group of functions with intent to
enhance the survival of the country. One of such structure is the EFCC established to
wedge untiring war against money laundry. The extent to which commission performs its
assigned responsibilities creditably will to large extent assist in reducing corruption to the
barest minimum in the country. The effective performance of EFCC in the discharging of
its assignment will encourage and sustain the survival of Nigeria in the area of
development because it has been argued that corruption has been the bane of
development in the country.

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 CHAPTER THREE

ORIGIN, STRUCTURE, FUNCTIONS AND ACTIVITIES OF EFCC IN

NIGERIA

3.1 Introduction:

Given scope of money laundry and the tarnished image of Nigerian in

international circles, the Nigerian Government in 2002 created an anti-corruption agency
with the mission ‚to curb the menace of corruption that constitutes the cog in the wheel of
progress; protect national and foreign investment in the country, imbue the spirit of hard
work in the citizenry and discourage ill gotten wealth; identify illegally acquired wealth
and confiscate it; build an upright workforce in both public and private sectors of the
economy and; contribute to the global war against financial crimes. The creation of the
EFCC marked a significant shift from rhetoric about fighting corruption to actually
fighting corruption. Efforts by previous governments to provide the legal frameworks for
combating corruption included, but were not limited to, the Miscellaneous Offences Act
1985; the creation of the National Drug Law Enforcement Agency in 1989; the Banks
and Other Financial Institutions Act 1991; the Money Laundering Act of 1995; the
Advanced Fee Fraud and Related Offences Act 1995; and the Foreign Exchange
Miscellaneous Offences Act 1995. Noble and desirable these efforts were, either they
were strangled due to inadequate enabling laws and regulations or neglected for an
apparent lack of commitment on the part of stakeholders to fight corruption in high places
(John, 2014).
At the global level, by the late 1980s and early 1990s, there was increased pressure
on developing countries by governments of industrialized countries and international
organizations to combat and reduce corruption, which had become widespread and was a
bane to economic development. For example, the Group 7 countries at its 1989 summit
established the Financial Action Task Force (FATF) on money laundering. By 2001, the
FATF had placed Nigeria on the list of non-cooperative countries. It was against this
backdrop of failed efforts and international pressure that President Olusegun Obasanjo
adopted a multi-pronged approach to fight corruption in order to redeem Nigeria’s image
by creating or enacting the following: the Anti-Corruption Commission; the Due Process
Office in the Presidency; the Corrupt Practices and Related Offences Act of 2000; and the
EFCC Act of 2002 (Joseph, 2013). This EFCC hoped to actualize through diverse
strategies, viz;

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i. Promulgation of laws against graft – Independent Corrupt Practices and (Other Related
Offences) Commission (ICPC) Act, Economic and Financial Crimes Commission
(EFCC) Act, Money Laundering (Prohibition) Act 2004.

ii. Strengthening of anti-corruption and other economic crimes Institutions for effective
law enforcement.

iii. Prosecution and conviction of high ranking administration officials.

iv. Tracing, seizing and confiscation of all proceeds of crime.

v. Institution of the Due Process Mechanism in public sector procurements.

vi. Privatization of failing public institutions and creating an enabling environment for
effective private-public partnerships.

vii. Monthly publication of distributable revenue from the Federation Account to the
different tiers of government.

viii. Institution of transparencies in the oil and gas sector through the work of the
Extractive Industries Transparency Initiative (NEITI)
In line with the above strategies, the EFCC is empowered by law to investigate,
prevent and prosecute offenders who engage in “Money laundering, embezzlement,
bribery, looting and any form of corrupt practices, illegal arms deal, smuggling, human
trafficking, and child labour, illegal oil bunkering, illegal mining, tax evasion, foreign
exchange malpractices including counterfeiting of currency, theft of intellectual property
and piracy, open market abuse, dumping of toxic wastes, and prohibited goods” (Section
46, EFCC Establishment Act, 2004). The Commission is also responsible for identifying,
tracing, freezing, confiscating, or seizing proceeds derived from terrorist activities. EFCC
is also host to the Nigerian Financial Intelligence Unit (NFIU), vested with the
responsibility of collecting suspicious transactions reports (STRs) from financial and
designated non-financial institutions, analyzing and disseminating them to all relevant
government agencies and other Financial Intelligence Units all over the world.
In addition to other law relating to economic and financial crimes, including the criminal
and penal codes, EFCC is empowered to enforce all the pre-1999 anti-corruption and
anti-money laundering laws. Punishment prescribed in the EFCC Establishment Act
range from combination of payment of fine, forfeiture of assets and up to five years
imprisonment depending on the nature and gravity of the offence. Conviction for terrorist
financing and terrorist activities attracts life imprisonment (Ribadu, 2006).

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3.2 The Purpose, Powers and Structure of the EFCC
The Establishment Act of 2002 (as amended in the EFCC Establishment, Etc. Act,
2003), bestows on the EFCC the broadest and most current laws against financial and
economic crimes and terrorism in Nigeria. As a financial intelligence unit the EFCC is
mandated to coordinate the various institutions involved in the fight against money
laundering and enforcement of all laws dealing with economic and financial crimes, and
terrorism. Under its broad economic and financial crime and terrorism mandate, the
EFCC is charged with preventing, investigating, prosecuting, and penalizing financial
and economic crimes such as illegal oil bunkering, terrorism, capital market fraud, cyber
crime, advance fee fraud (419 or obtaining through different fraudulent schemes),
banking fraud and economic governance fraud (transparence and accountability). The
EFCC has extensive special and police powers including the power to: investigate
persons and/or properties of persons suspected of breaching the provision of the
Establishment Act of 2002 and any other law or regulation relating to economic and
financial crimes in Nigeria (Momoh, 2016).
The EFCC has enabling powers under the Establishment Etc. Act 2003 and 2004
to deal with terrorism and terrorist offences including: willful provision or collection of
money from anyone, directly or indirectly, to perpetrate an act of terrorism; committing
or attempting to commit, participate, or facilitate the commission of a terrorist act; and
making funds, financial assets, or economic resources available for use by any person or
persons to commit or attempt to commit, facilitate, or participate in the commission of a
terrorist act.

3.3 The Structure

The EFCC is an independent agency headed by an executive chairman under the
direction of a board. The chairman, supported by the directors of the five operations units
—financial crimes and intelligence; advance-fee fraud and other economic crimes,
enforcement, and general operations; prosecution and legal counsel; organization and
support; and training school—is the chief executive and accounting officer. The
Commission receives support from the presidency, the legislature, and the judiciary. The
agency also cooperates with like organizations from other countries to uncover corruption
and money laundering activities involving Nigerians. In terms of its structure and
organization, the Commission is committed to containing economic and financial crimes,
generating and disseminating effective economic and financial crimes intelligence to
assist law enforcement, and inculcating prudent and sincere dealing amongst Nigerians
via a transparent value system and preventive measures. The organizational structure
reflects the major broad activity areas of the commission, namely, economic and financial
crimes intelligence, investigation and enforcement, prosecution, crime prevention

15
through mass communication and advocacy, and proactive and reactive execution of anti-
terrorism operations. The head office is in Abjua, with regional offices in Lagos, Enugu,
and Port Harcourt (EFCC, 2017).

3.4 Activities of EFCC since its Creation

Following its establishment, the Commission swung into action by launching
‘Operation Redemption’, which was intended ‚to get all economic and financial criminals
out of business and behind bars. The Commission challenged Nigerians to send any
information on any government officials to it so that it could commence investigation.
Nigerians responded, and those efforts paid dividends. The Commission has been
involved in a number of investigations, arrests, and detentions resulting in indictments,
return and recovery of stolen money, and imprisonment. The agency has been responsible
for a number of high profile investigations such as that involving the former inspector
general of Nigeria Police, Tafa Balogun who was accused of stealing more than $121
million and was jailed for six months, fined $30,000, and had property worth $150
million seized.56 The Commission was also responsible for the arrest of Hon. Morris
Ibekwe (Imo State) for allegedly obtaining under false pretences the sum of $300,000
from a German national and head of the Munich System Organization Company (Daily
Trust, 2015).
Other notable cases include the former governor of Lagos State, Major General
Mohammed Buba Marwa; the former Chairman of the Nigeria Ports Authority, Bode
George; the bribery scandal and fraud involving members of the National Assembly
Committee and the Minister for Education over budget matters; the former governor of
Bayelsa Sstate, Chief Depreye Alamieyeseigha; the investigation of all state governors
and local government officials as of December 2006; the thirty-year imprisonment of
civil servant fraudsters in 2008; the trial of the Chairman of the National Electricity
Regulatory Commission; and the trial of Mallam Nasir Ahmed El-Rufai, the Minister of
the Federal Capital Territory, Abuja, in 2009. The 2006 indictment of the serving Vice
President, Atiku Abubakar for abuse of office, fraud, and embezzlement by both the
EFCC and the Administrative Panel of Inquiry is indicative of how deep and pervasive
corruption has permeated the Nigerian society. The list is almost inexhaustible (Jimmoh,
2015).
In addition to its investigative power, the EFCC has the power to bring charges of
corruption so that accused persons can be brought to court for criminal trial. In 2006, the
EFCC had received 4,200 petitions on illegal corruption, investigated 1,200 cases, and
taken 406 cases to the court. After months of investigation of the petitions and allegations
of corruption against thirty-one out of thirty-six states in Nigeria, the EFCC decided to
indict fifteen governors and gave a clean bill to only six state governors.61 The appendix

16
provides a summary of the list of governors that were indicted or under investigation or
cleared of corruption in 2006. The EFCC’s indictments, arrests, and reports on corruption
involving high profile public officials were indicative of the distance high level public
officials in Nigeria were willing to go to exploit, loot, steal, misappropriate and launder
public money for personal aggrandizement instead of improving the well-being of the
people (Haruna, and Ade, 2011).
Before the 2007 general election, the EFCC published an advisory list of corrupt
and unfit candidates to hold public offices. The list was submitted to all registered
political parties and the Independent National Electoral Commission (INEC). An analysis
of the list of unfit politicians with respect to the spread among the major political parties
showed that the Peoples Democratic Party had the highest number of unfit political office
seekers (53), followed by the All Nigeria Peoples Party (39), the Action Congress (28),
the Peoples Progressive Alliance (10), the Democratic Peoples Party (5), and the Alliance
for Democracy (1). The spread among the states was: Zamfara (18), Adamawa (16),
Taraba (15), Abia (12), and Bauchi (10).62 Furthermore, of the forty-three high profile
cases amounting to over N1 trillion published by EFCC in October 2009, eleven involved
former governors; five involved former federal ministers; two involved two serving
senators and three serving members of the House of Representative; and several other
cases involved high profile public civil servants (Daily post, 2015).
The EFCC has also made progress in the following areas:
 Recovered money and assets derived from crime worth over $700 million, and £3
million from the British government between May 2003 and June 2004.64
 Recovered N100 billion assets from ex-governors and N55 million bribes in 2005
from committee members of the National Assembly given as public relations to
lobby for increase in education budget.65
 Recovered N200 billion from fraudulent bank officials and $700 million from
corrupt public officers who allegedly looted public funds.66
 Confiscated over forty oil tankers engaged in crude oil bunkering.
 Recovered $750 million from 419 gangs and N50 billion worth of assets from the
impeached governor of Bayelsa State, Chief Alamieyeseigha.
 Recovered over N85 billion by the Due Process Office.
 Put over five hundred suspects in custody and prosecuted one of the world’s
biggest fraud cases involving the perpetrators Amaka Anajemba, Emmanuel
Nwude, and Nzeribe Okoli who duped a Brazilian banker, Nelson Sakaguchi, of
about $242 million.
 Indicted fifteen state governors in 2006.

17
  Made restitution to victims of 419 frauds recovered from scam investigations. For
example, in October 2005, the EFCC refunded the sum of $4.48 million to an 86
year old Hong Kong woman, Juliana Ching.
 Increased the revenue profile of Nigeria by about 20 percent due to its activities in
the Federal Inland Revenue Service and the Seaports.
 Recovered revenue of over N20 billion from government, and billions more naira
for the government in terms of failed contracts.
 Reduced crude oil bunkering activities in the Niger Delta region through
prosecution of persons involved and confiscation of ships.
 Succeeded in securing the return of N50 million from the British Metropolitan
Police Proceeds of Corruption Unit following the successful confiscation hearing
of a mistress of a former governor of Plateau State, Chief Joshua Dariye.
 Assisting banks to recover bad debts that resulted from credit abuse by directors of
failed banks. For example, it confiscated documents and property worth N3.5
billion of the Chief executive Officer of Tanzila Petroleum Company, Ltd. for
defaulting on a bank loan.
It has forty three ongoing high profile cases in different courts at various stages involving
politicians, office holders, lawmakers, businesses, and non-Nigerians.
Although the above examples are the tip of the iceberg, it is a significant and
symbolic start. In cooperation and collaboration with other states and global actors such
as the US Federal Bureau of Investigation, the UK’s Office of Fair Trading and
Metropolitan Police, and international actors such as the World Bank, the IMF, Egmont,
and Microsoft, the EFCC is not only significantly contributing to the fight against
corruption but is also helping salvage the hitherto negative image of Nigeria in the
international arena. Nigeria’s image has for too long been synonymous with corruption,
and the EFCC is working hard to change this image. For example, in May 2007, Nigeria
became a member of the internationally acclaimed Egmont Group of Financial
Intelligence Units.

3.5 Challenges Facing the EFCC

The EFCC faces some major challenges in the fight against corruption. One is the
claim of immunity from arrest and prosecution by the president, vice president, and
governors and their deputies. Many state governors and their legal defense lawyers have
interpreted the provisions in subsections 308(1) and 308(2) of the immunity clause of the
1999 Constitution as giving absolute immunity from criminal prosecution while in office.
As a result of this institutional and legalistic argument, it has been difficult to prosecute
these governors and also the vice president and the president while in office. This claim

18
of immunity is absurd because it was not the intention of the framers of the constitution
to allow elected officials to steal and plunder the nation’s wealth. However, although
claiming immunity under subsection 308(1), governors can be prosecuted under civil law
as provided by subsection 308(2) (EFCC, 2013).
The significant delays, frustrations, and waste of resources in the current prosecution
regime constitute another challenge facing the EFCC. It has become an art for defense
attorneys to ensure that financial crime cases do not continue, and substantive cases are
never tried on their merits. Defense attorneys can delay and prolong cases by a tactic of
applying for stays on proceeding. Where such application is not granted, the defense
attorneys accuse the judges of bias and therefore grounds for application to transfer their
cases to other judges. Similar to the above challenge is the problem of congestion and the
slow pace of court proceedings caused by an insufficient number of courts and judges and
antiquated manual recording system. Delays and congestion in judicial proceedings can
be reduced by establishing a special financial crime court for the adjudication of
corruption and money laundering cases (Adebayo, 2014).
Of equally importance is the cyber nature of financial crimes. This has created a
jurisdictional challenge and increased the costs of investigation and prosecution. The
digital revolution has collapsed traditional physical boundaries and therefore altered the
territorial jurisdiction for the prosecution of cyber crimes. Associated with this
jurisdictional problem is the challenge posed by the increasing costs of prosecuting these
cases, which run into millions of naira. Furthermore, the EFCC faces the challenge of the
inadequacy of the existing procedural laws in Nigeria that question the evidential status
and admissibility of computer and electronically generated documentation. In fact, the
Nigerian legal procedural system has not kept pace with evidential value of information
generated by the cyber revolution.

19
 CHAPTER FOUR

4.1 Introduction:
This chapter assessed the role of EFCC in the fight against money laundry in
Nigeria; and also discussed the critique of the role of EFCC in the fight against money
laundry in the Nigeria.
4.2 The Role of Anti-Corruption Agencies in Fight against Corruption in Nigeria’s
Fourth Republic
The menace of corruption and the lack of effectiveness of the existing institutions
to fight corruption prior to 1999 led to the establishment of the ICPC (2000) and EFCC
Act (2004) and the Money Laundering (Prohibition) Act, 2004. These Acts made
comprehensive provisions to prohibit the laundering of the proceeds of a crime an illegal
act, provide appropriate penalties and expands the interpretation of financial institutions,
it also provides scope of supervision of regulatory authorities on corrupt activities among
others (Ademola, 2011). The establishment of these institutions has contributed
significantly in combating those activities to the extent that the scorecard assessing both
the ICPC and the EFCC as at 2006/2007 revealed as follows:

Table 1.1: Showing Effort by the Anti-Graft Commissions at Combating Corruption in

Nigeria from 2000-date
ISSUES/AGENCIES EFCC ICPC
Number of persons arraigned (671) (223)
Number of persons convicted (347) (33)
Value of Assets/Funds Recovered (N1.3 trillion) N5.9
Source: ICPC Monitor, vol. 1, Issues, August to October 2018 and EFCC Magazine,
vol. 3, No. 2, August, 2018
In addition, since 2004, Nigeria has taken significant steps towards complying
with the Extractive Industries Transparency Initiative (EITI), including conducting
comprehensive audits of the petroleum sector (World Bank, 2006). The
Yar’adua/Jonathan administration also added the Public Procurement Act and the due
process office, i.e. the E-payment (since January, 2009) and the e-procurement (since
2008) to improve transparency in public procurements (Ademola, 2011).

20
Table 1.2: Showing Economic and Financial Crimes Commission (EFCC) Profile Cases
of Money Laundry in Nigeria 2000 – 2010

S/ Name Case Status Amount Status of

N Involve Suspect(s)
d

1 Ayo Fayose (Governor Arraigned on N1.2 Case

of Ekiti State) 51 counts billion pending,
granted
bail

2 Adenike, Grange Arraigned on N300 Discharged

(former Minister of 56 counts million and
Health) acquitted

3 Joshua Dariye (former Arraigned on N700 Case

Governor Plateau state) 23 counts million pending,
Granted
bail since
2007

4 SaminuTuraki (former Arraigned on N36 Case

Governor Jigawa state) 32 counts billion pending,
Granted
bail since
2007

5 Oji UzorKalu (former Arraigned on N5 Case

Governor Abia state) 107 state billion pending,
counts Granted
bail since

21
 2008

6 James Ibori (former Arraigned on N9.2 Case

Governor Delta state) 170 counts billion pending,
Granted
bail since
2008

7 Iyabo Obasanjo Arraigned on N10 Case

(former Senator) 56 state million pending,
counts Granted
bail since
2008

8 LuckyIgbinedion Arraigned on N4.3 Case

(former Governor of 191state billion determined
Edo counts , ordered to
state) pay $25
million as
fine

9 Gabriel Aduku (former Arraigned on N300 Discharged

Minister of Health) 56 state million and
counts acquitted

10 Jolly Nyame (former Arraigned on N1.3 Case

Governor of Taraba 41 state billion pending,
counts Granted
bail since

state) 2008

11 ChimarokeNnamani Arraigned on N5.3 Case

(former Governor of 105statecount billion pending,
Enugu state) s Granted
bail since
2007

12 Michael Botmang Arraigned on N1.5 Case

22
 (former Governor of 31 state billion pending,
Plateau state) counts Granted
bail since
2008

13 Roland Iyayi (former Arraigned on N5.6 Case

MD of FAAN) 11 state billion pending,
counts Granted
bail since
2008

14 Prof.BabalolaBorishad Arraigned on N5.6 Case

e (former Minister of 11 state billion pending,
Aviation) counts Granted
bail since
2008

15 Boni Haruna (former Arraigned on N254 Case

Governor of Adamawa 28 state million pending,
state) counts Granted
bail by
court since
2008

16 Femi Fanikayode Arraigned on N250 Case

(former Governor of 47 state million pending,
Ekiti state) counts Granted
bail since
2008

17 Bode George Arraigned on N100 Jailed in

(PDP 68 state billion October
Chieftain) counts 2009

19 Senator Arraigned on N5.2 Case

NicholaUgbane; Hon. 158 state billion pending,
Elumelu and others counts Granted
bail since
2009

23
 20 Hamman Bello Arraigned on N2.5 Case
Hammed (Ex CG 46 state billion pending,
Customs) counts Granted
bail since
2009

21 Adamu Arraigned on N15 Case

Abdullahi 149 count billion pending,
(former Governor charge Suspect on
of court
Nasarawa state) bail

22 AttahiruBafarawa Arraigned on N15 Case

(former Governor of 47 count billion pending,
Sokoto state) charge Granted
bail by
court

23 Hassan Lawal (former Arraigned on N75 Case

Minister of Works) 37 count billion pending,
charge Granted
bail by
court

24 Kenny Martins (Police 28 count N7,740 Case

Equipment Fund) charge billion pending,
Granted
bail since
2008

25 Esai Dangabar, Atiku 16 count N32.8 Case

Abubakar Kigo, charge billion pending,
Ahmed Inuwa Wada, Granted
John Yakubu Yusufu, bail by
Mrs. Veronica Ulonma court
Onyegbula and Sani
Habila Zira
Source: Drawn from: Economic and Financial Crime Commission (EFCC) EFCC.org

24
 List of PEPs in the EFCC’s net who are either in detention or helping the
anti-graft agency with its investigation on sundry corruption charges from 2015
to date.

Names Case Status Comment

1 Colonel Sambo Charged for alleged Still in detention
Dasuki, Former diversion of $2.1

National Security billion budgeted for

Adviser arms.
2 Chief Raymond Charged for alleged Trial ongoing
Dokpesi, Founder money laundering and
DAAR criminal breach of
Communications. public procurement
law to the tune of
N2.1 billion.
3 Chief Olisa Metuh, Charged for Trial ongoing
National Publicity corruption, breach of
Secretary of PDP trust, criminal
diversion of public
funds and money
laundering. He is
alleged to have
collected N400 M
through Destra Invest.
Ltd

4 Attahiru Baffarawa, Arraigned on 22 count Trial ongoing

Former Sokoto State charges of alleged
Governor diversion of N13b
meant for purchase of
arms.
5 Alex Badeh, Former Quizzed over $930m Yet to be arraigned
Chief of Defence Staff contracts awarded
when he was chief of

25
 defence staff.
6 Air Marshal Adesola Arrested in connection Granted bail
Amosu, Former Chief with alleged diversion
of Air Staff of the $2.1 b money
budgeted for arms.
7 Col. N. Ashinze, Arrested in connection Granted bail
Former Special with alleged diversion
Military Assistant to of the $2.1 b money
Dasuki, Ex-Nsa budgeted for arms.

8 Air Chief Marshal Arrested in connection Granted bail

M.D. Umar, The Most with alleged diversion
Senior Air Force of the $2.1 b money
Officer budgeted for arms.
9 AVM A. M. Mamu, Arrested in connection Granted bail
The Chief of with alleged diversion
Administration of the $2.1 b money
budgeted for arms.
10 AVM O.T.O. Arrested in connection Granted bail
Oguntoyinbo, Former with alleged diversion
Director Of of the $2.1 b money
Production, Defence budgeted for arms.
Headquarters.
11 AVM R.A. Ojuawo, Arrested in connection Granted bail
Former Director of with alleged diversion
Operations, Defence of the $2.1 b money
Headquarters budgeted for arms.
12 AVM J.B. Adigun, Arrested in connection Granted bail
Former Chief of with alleged diversion
Accounts and of the $2.1 b money
Budgeting in NAF budgeted for arms
13 AVM J.A Kayoed- Arrested in connection Granted bail
Beckley, Director, with alleged diversion
Armament Research of the $2.1 b money
in Air Force Research budgeted for arms.
and Development
Centre.

26
14 AVM T. Omenyi, Arrested in connection Granted bail
MD, NAF Holdings with alleged diversion
of the $2.1 b money
budgeted for arms
15 Air Commodore A.O Arrested in connection Granted bail
Ogunjobi, Top Officer with alleged diversion
at the Defence of the $2.1 b money
Headquarters budgeted for arms.
16 Air Commodore GMD Arrested in connection Granted bail
Gwani, Top Officer at with alleged diversion
the Defence of the $2.1 b money
Headquarters budgeted for arms
17 Air Commodore S.O. Arrested in connection Granted bail
Makinde, Top Officer with alleged diversion
at the Defence of the $2.1 b money
Headquarters budgeted for arms.
18 Air Commodore A.Y. Arrested in connection Granted bail
Lassa, Top Officer at with alleged diversion
the Defence of the $2.1 b money
Headquarters budgeted for arms
19 Colonel Ojogbena Allegedly disbursed Granted bail
Adegbe, Former ADC more than N10b oil
to Ex-President proceeds to PDP
Jonathan convention delegates,
collected $47m and
some Euros from the

Source: Drawn from: Economic and Financial Crime Commission (EFCC) EFCC.org

Table 1.3: Showing Economic and Financial Crimes Commission (EFCC) Other Profile
Cases
S/N Name Case Status Amount Status of
suspect (s)

27
 1 Sule Lamido 27 count 22 billion Grant bail
Ex- Governor charges
Jigawa state
2 Moh’d 53 21 billion Case
Danjuma dismissed
Goje Ex-
Governor
Gombe state
3 Nyako Ex- 71 41billion Case
Governor pending
Adamawa

It should be noted that in all these cases none of the culprits is currently being
detained or serving jail term apart from Col. Sambo Dasuki, the former National
Security Adviser who is currently being jailed in the Nigeria. Giving this scenario
where these offenders are allowed to go scot free in what is presently referred to in
Nigeria as ‘plea bargaining’, corruption therefore is a lucrative business in the
country. Also, in a situation where people steal billions of naira and after their arrest
and prosecutions such persons are only jailed for three or six months make corruption
in Nigeria the most lucrative business in the world.

4.3 Strength and Weakness of EFCC in Nigeria

In Nigeria’s fourth republic, EFCC has intensifies campaign against corruption in

Nigeria. In since inception in 2000 to data, EFCC has able to arraigned 613 persons;
convicted 391 persons; and recovered assets and Funds worth of 313 Billion Naira, which
is highly commendable. The present administration of present Buhari has intensifies
campaign toward zero tolerance of corruption in Nigeria. The record of success at various
levels of government including states and local government had been short of
expectations, considering the proportions of funds the country lost to swindlers, contract
scams and money laundering (Ademola, 2011).

In the spirit of Machiavelli- ‘The Prince’, who claims to uphold morality but not
take it seriously himself, Obasanjo’s government embarked upon anti-corruption crusade
whose Bill was the very first one which the president sent to the 1999 National Assembly
for processing into law. The Bill, which has since become law, has hardly made a dent on
corruption perhaps because the law was seen as a ‘prescription without diagnosis’
(Adejare, 2004) cited in Shopeju and Ojukwu (2013; 271). On the one hand, attempting

28
to fight corruption by Obasanjo’s government was noble since it has become a social evil
in the system. On the other hand, the government was perceived to be double-dealing.
Recently, the National Assembly discovered some hidden accounts amounting to billions
of naira which were lodged by the executive of Obasanjo government.
An observer captured the situation thus;
Under Obasanjo, the government was not run on the basis of budget. He did not
consider himself bound by the budget. He was the budget. He provided figures and
allocations and spent money as he liked without any evidential accountability to the
National Assembly. Nobody knew what the revenue was. The national Assembly didn’t
know, he was not revealing anything. How much came into the government coffers from
the oil sales? Nobody knew except himself. He was the sole minister of petroleum (THE
Guardian, January 13, 2008: 42).

The Acts establishing the Anti-Corruption Agencies (ACAS) had been weak and
ineffective. The agencies had been poorly funded and there were evidences of lack of
political will by the crusaders to actualize an objective anti-corruption campaigns apart
from this, the fight has been of sided,, vindictive, selective, biased, one-sided and
meretricious/falsely attractive (Ademola, 2011). The effect has not yielded the desired
results. Rather than abating it, it is festering uncontrollably. The campaign has been the
instrument of the Presidency and his cohort ‘deal’ with opposition in order to serve as a
deterrent to others who may want to go against the will of the state (the men in power).
The point here is that his double standard, these warped treatments are in themselves acts
of corruption (Ademola, 2011).

The EFCC has not done anything about N84 billion that was missing at the
Nigerian Ports Authority (NPA). Also, nothing has been done about the N311 billion
Naira that was missing at NNPC. In addition, about N50 million bribe was given to pro-
third term legislators, during the tenure elongation debate in the National Assembly, yet,
the Anti-Graft agencies did not do anything to bring offenders to justice. It was also noted
that Senator Ibrahim Mantu mismanaged the sum of N400 million in the Failed Hajj
Operations in 2005. Nothing was done to bring him to book by the anti-graft agencies
(Ademola, 2011).

All the aforementioned were aided by the fact that the agencies are not
independent of the government who funds and appoints its leaders. With the power to
hire and fire, the Commissions could hardly perform their duties without fear or favour.
The Yar’adua/Jonathan administration did not only inherit corruption from the previous
administration, they also inherited the weak and ineffective campaign against graft.

29
 The Anti-Corruption Agencies (ACAS) were unable to perform their noble duties.
Even when the National Assembly held public hearings into allegations of corruptions
that they fail to pass progressive legislations that could help track offenders including
freedom of information bill (Ademola, 2011). In December, 2007 for instance,
NuhuRibadu, the then Chairman of the EFCC took the bold step of indicting the former
Delta state Governor, James Ibori. Two weeks later the Nigerian Police Chief, ordered
Mr. Ribadu to resign and proceed to attend a year ordered Mr. Ribadu to resign and
proceed to attend a year-long training course, because there were many things to cover
for loyal party faithful and financiers (Ademola, 2011).

In recent times also, the financial scam involving the former speaker of the House
of Representatives, Honourable Dimeji Bankole was treated under dubious condition and
swept under the carpet. Likewise, the financial scam involving Honourable Farouk
Lawan over the petroleum subsidy funds did not receive any good treatment

Meanwhile, anti-corruption agancies most especially EFCC is seen as the political

dogs of the ruling party, which used by the presidency to witch-hunt political opponent
mostly from the opposition party (PDP). According to analysts, this can be justify based
on the fact that most of the people who detained and jailed by the EFCC under the current
Buhari administration belong to the opposition party, none of them belong to the ruling
party (APC). The corruption allegation against Sen. Danjuma Goje and Senate President
Bukola Sarki did not receive any good treatment

4.4 A Critique of EFCC in Fight against Corruption in Nigeria

Government effort at reducing the level of corruption in Nigeria has been on for a
long time, considering the various strategies listed and explained above. Despite the
government attempt to combat corruption, proper management of public property by our
public administration today is disastrous due to corruption. Corruption is the root cause of
economic crisis, as well as the social and political problems besetting Nigeria. As it is
now, it is either the Nigerian state kills corruption or corruption kills her. Corruption is an
evil that spread terror among citizens who are the victims and comforts those who use it
as a means to acquire wealth. It is a sickness difficult to cure once infected of. The
anticorruption policy currently in force in Nigeria to fight corruption is on the whole
ineffective (Akon, etal, 2013: 427).
The underlisted facts explained why the anti-corruption policies cannot help
reduce the level of corruption or eliminate it: Lack of continuity and change in
Policy framework; inappropriate organizational structure in implementation of policies;
Politicization of policy and political opposition during policy implementation; Lack of

30
political will; Low level of public enlightenment; Socio-cultural constraints (Antigha,
etal, 2013: 428). .

Inappropriate Organizational Structure in Implementation

The choice of appropriate organizational structure in the implementation of policy
is problematic. Today we have in Nigeria various organizations combating corruption, to
what extent are these anti-corruption organizations able to penetrate all states and local
governments, or all ministries, agencies and parastatals in Nigeria? Inadequate personnel,
communication gadgets, infrastructures affect such organization like National Drug Law
Enforcement Agency, Economic and Financial Crimes Commission to function
effectively in State and Local Government Areas. The level of centralization without
decentralization for holistic coverage also influences the efficiency of these anti-
corruption organizations.
Politicization of Policy and Political Opposition to Policy Implementation
Anti-corruption institutions and policies are often politicized. For instance, during
Buhari ldiagbon Administration War Against Indiscipline and Corruption was used for
clamping down political opponents, while Obasanjo’s administration used Economic and
Financial Crime Commission to clamped down opposition. Soyinka (2006) analysis of
anti-corruption effort in Nigeria noted that the arrest of General Marwa by EFCC is
politically motivated. This politicization prompted the opposition to cry out that the anti-
corruption law is nothing more than instrument of suppression against political opponent.
Lack of Political Will
Government at times made very good policies, but the implementation of such
policy is another problem. For instance, the Economic and Financial Crime Commission
received report on the Minister of Water Resources. EFCC refused to investigate and
prosecute as appropriate because the government was scared that anything done to him
may affect the political support for Federal Government from North Eastern Region.
(Guardian 4th Feb., 2006) cited in (Akon, etal, 2013: 428).
Inadequate Public Enlightenment
There may be an issue of public concern like corruption, and policies to eliminate
such problems. But it is another if member of the society are sufficiently aware of such
problem and the policy remedies for such problem. Many Nigerians are not aware of the
rate of corruption and the negative consequences of corruption, neither are they aware of
the various policy options aim at eliminating corruption. The National Orientation
Agency (NOA) which replaces Agency for Mass Mobilization for Social and Economic
Recovery (MAMSER) failed to penetrate the grassroot and the rural population. Neither

31
of these two agencies maintained officers or other networking structures in the rural areas
to sensitize rural populace about corruption.
Cultural Constraints
Based on cultural background of some communities, certain policies are opposed
to by the Community. For instance, the northern religious view does not see smuggling as
a crime but government officials, private individual uses government apparatus to
promote smuggling in the North. This countered government anti-corruption drives. The
socio-economic condition of people also promotes corruption, some communities in
Nigeria encourage gratification and this affects members of such communities in
discharging their function in bureaucratic organizations. In this regard, is the high level of
poverty, where everybody considers corrupt practices as the only way of generating
additional income for poverty alleviation. All these acted against government effort using
policies formulation and implementation for the eradication of corruption in Nigeria.
4.5 Prospect for the Fight against Corruption in the Nigeria
The future of our great country is bleak without eradication of corruption. We
must put every- thing in place to eliminate corruption from our society. Any country with
high level of corruption cannot achieve economic advancement and social development.
The fight against corruption is the responsibility of every citizen.
The first approach to reduce and eradicate corruption in future is to carry out
extensive anti-corruption campaign in order to ensure social re-orientation.
Enlightenment programmes, and campaign for social re-orientation will automatically
build up anti-corruption national consciousness in the mind of all Nigerians (Bassey,
1997:46).
Another way of eradicating corruption from our social conduct is by ensuring the
"Rule of Law". Rule of law according to Tyagi (1981) is concerned with independence of
the Judiciary, the equality of citizens before the law, the supremacy of judicial
pronouncement and subjection of both bureaucratic and general social norms to judicial
interpretation. If these are achieved, the level of corruption by public official will be
greatly reduced. When there is reduction in the level of corruption in public life, other
segments of the society will automatically re-examine itself. These facts give us hope.
There are many other things to be considered in view of recommendation to create a
corruption free future for Nigeria (Akon, etal, 2013)
Similarly, Oghi(2013) pointed out that, a lot could still be done to reduce the
incidence of corruption in the Nigeria nation-state in order to arrest the morass of
underdevelopment.
First, there should be honest political leadership. The existence of honest political
leadership would set a moral tone for the populace in general and the public service in

32
particular: A well- motivated public servant could resist the temptations of stealing public
fund just because of the fear that after all, his pension fund may not reach him/her before
death. The feeling that if a civil servant does not resort to “self- help” by stealing public
fund, he would suffer at retirement must be discouraged.
Second, if honest political leadership must be attained, then there is the compelling
need to inculcate moral values. The Nigeria nation-state need to grow a new generation
of leaders within the framework of a new Nigeria where corruption and ill-gotten wealth
will be stigmatized. The Nigerian political, socioeconomic system need to be
revolutionized in such a way that holding public offices will no longer be a lucrative
business. In order to achieve this, religious organizations that cut across the ethnic groups
should help to instruct their members appropriately. Every good religion teaches good
values. Such values should be made part of daily life by both leaders and members, rather
than spend too much time preaching gospel of prosperity without resort to how it could
be lawfully achieved.
However, to achieve the aforesaid, a lot depends on the inputs from territories
comprised in the political entity. Before independence, the area now referred to as
Nigeria was largely autonomous communities held together by political and socio-
cultural institutions that had leadership structures that were built around strong value
systems. All these appear to have been subsumed by the ravaging scourge of corruption.
Consequently, it seems sycophancy has afflicted most title holders because of patronage
from fraudulent money launderers. This is unfortunate for a developing country like
Nigeria. The traditional rulers of all grades must lead the campaign to make corruption
unfashionable. They must abandon the seeming tradition of hobnobbing with corrupt
members of their communities.
Above all, where the causes of an ailment are avoided, prophylactic measures for
such ailment works effectively. Therefore, to reduce corruption there should be internal
solutions. Apart from emphasizing moral values as earlier stated, government
establishments must maintain efficient internal control system which should be activity
directed and pre-operational rather than post activity. Ministries need to be properly
monitored. Employment policies should be reviewed to avoid the possibility of placing
people of questionable character from occupying sensitive positions. And given that most
acts of corruption emanates from initial activity (origination point) and final destination,
these transit values should be properly manned by people of integrity (Oghi, 2013: 85).

33
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