away of huge amounts of public resources in foreign banks, mainly in the
developed world.
112
302.
Against this backdrop of widespread corruption, the civilian regime which
came to power in 1999 declared all-out war against corruption. Section
15 (5) of chapter 2 of the constitution, which stipulates that “the state
shall abolish all corrupt practices and abuse of power”, emboldened the
administration to create public agencies to fight corruption at all levels.
303.
The ICPC and EFCC were established by President Obasanjo early in his
tenure of office. Although these anticorruption agencies were designed
to extirpate corruption in Nigeria, at the operational level several
constraints are being encountered, due mainly to insufficient coordination
of anticorruption work within the public sector, inadequate funding, and
the raising of serious questions about their effectiveness, efficiency and
impartiality. The ICPC is handicapped in its efforts to investigate several
governors accused of corruption due to lack of funding to secure the
services of investigators. The ICPC is unable to open offices in the 36
states because of lack of resources. These developments have caused
ordinary Nigerians to accuse the government of being soft on corruption.
304.
The INEC was established by law to manage all aspects of the national
election process and to monitor the organisation and operation of all
political parties. This included auditing their finances and placing the
audit reports in the public domain. The head of the INEC is appointed
by the chief executive, who also provides the commission’s funding. It is
generally agreed that the INEC’s management of elections is flawed and
deemed to be noncredible, and lacking in transparency and impartiality. It
can easily be reduced to a weak pawn in the hands of a dominant political
party and overambitious incumbents. As electoral corruption is the mother
lode of all corruption, it is therefore absolutely critical to tackle this
phenomenon as a sustained national priority if significant progress is to
be made against the menace of political corruption in Nigeria. A stringent
national strategy must be developed and implemented by all Nigerians for
the 2011 elections so as to ensure a credible outcome and a mandate truly
reflective of Nigeria’s popular will.
305.
The ICPC and EFCC, the National Economic Empowerment and
Development Strategy (NEEDS) and other reform measures in the public
sector, such as open and competitive bidding for government contracts,
have brought about some progress and improvement in the anticorruption
crusade. For the first time in the history of postcolonial Nigeria, the fight
against Hydra-headed corruption is yielding significant results. Highprofile public officials like ministers, governors, presidents of the Senate
and so forth have been investigated, prosecuted and punished. However,
the CSAR states that the immunity laws of the constitution, which protect
incumbent elected executives at the federal and state levels from being
brought to book for corruption, are clearly hampering the work of these
two institutions.