THE ENFORCEMENT OF ECONOMIC AND FINANCIAL CRIMES LAWS AND THE REDUCTION OF ECONOMIC AND FINANCIAL CRIMES IN NIGERIA:
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THE ENFORCEMENT OF ECONOMIC AND FINANCIAL CRIMES LAWS AND THE REDUCTION OF ECONOMIC AND FINANCIAL CRIMES IN NIGERIA:
Β
Abstract
Corruption is recognized as the bane of theΒ NigerianΒ society as it undermines governance. The Economic
and Financial Crimes Commission (EFCC) was established to mitigate the menace of economic and financial crimes inΒ Nigeria. This was informed by the upsurge of corruption byΒ government officialsΒ and
the need to enthrone probity in governance in the country. This study therefore appraises the performance of the Economic and Financial Crimes Commission in reducingΒ corruption in Nigeria. It examines the impact of immunity of public officeholders and the arrests andΒ prosecutionΒ of corrupt
government officials on the effective enforcement of economic andΒ financial crimelaws in Nigeria by
the EFCC. It utilized theΒ qualitative methodΒ in the collection and analysis of data; while structural
functional theory served as the theoretical framework of analysis. The study demonstrated that
immunity of public officeholders has not hindered the effective enforcement of economic and financial
crimes laws by EFCC in Nigeria. It also revealed that arrests and prosecution of government officials by
the Economic and Financial Crimes Commission (EFCC) has not reduced the incidence of corruption
among government official in Nigeria. It therefore, concludes that the enforcement of the economic and
financial crimes laws in Nigeria by the Economic and Financial Crimes Commission (EFCC) has not led to
reduction in economic and financial crimes by public officeholders. It therefore recommends enhancing
the independence of EFCC and the passage of the Special Courts (Establishment) Bill to designate
specific courts to hear corruption cases to facilitate prosecution of corrupt officials.
Contents
Title β β β β β β β β β i
Approval β β β β β β β β ii
Dedication β β β β β β β β iii
Acknowledgements β β β β β β β iv
Abstract β β β β β β β β vi
Contents β β β β β β β β vii
List of Tables β β β β β β β β ix
List of Figures β β β β β β β β ix
CHAPTER ONE: INTRODUCTION
1.1 Background of the Study β β β β β 1
1.2 Statement of the Problems β β β β β 7
1.3 Objectives of the Study β β β β β 8
1.4 Significance of the Study β β β β β 9
CHAPTER TWO: LITERATURE REVIEW
2.1 Corruption and Incidence of Corruption in Nigeria β β 11
2.2 Immunity and Political Corruption in Nigeria β β 24
2.3 Arrests and Prosecution of Corrupt Public Officials β β 28
2.4 Gap in Literature β β β β β β 30
CHAPTER THREE: METHODOLOGY
3.1 Theoretical Framework β β β β β 32
3.2 Hypotheses β β β β β β β 36
3.3 Research Design β β β β β β 37
3.4 Methods of Data Collection β β β β β 37
3.5 Methods of Data Analysis β β β β β 39
3.6 Logical Data Framework β β β β β 40
CHAPTER FOUR: ANTI-CORRUPTION LAWS AND THE IMMUNITY OF PUBLIC OFFICIALS IN NIGERIA
4.1 Anti-Corruption Laws in Nigeria β β β β 44
4.2 Powers and Responsibilities of the EFCC β β β 56
4.3 Activities of EFCC since Creation β β β β 59
4.4 Immunity and Prosecution of Public Officials in Nigeria β 63
4.5 Executive Immunity under the Nigerian Constitution β 66
CHAPTER FIVE: ARRESTS AND PROSECUTION OF CORRUPT PUBLIC OFFICIALS IN NIGERIA BY EFCC
5.1 Arrests and Prosecution of Public Officials by the EFCC β 74
5.2 Prosecution and Conviction of Corrupt Officials β β 81
5.3 Factors Undermining EFCC Anti-Corruption Efforts β 83
5.4 Political Interference in Anti-Corruption Cases β β 86
5.5 Judicial Inefficiency and Deliberate Delay in Prosecution of 8
Corrupt Officials β β β β β β 89
5.6 The EFCCβS Own Shortcomings β β β β 92
5.7 Unreliable Partners: The ICPC and CCB β β β 93
CHAPTER SIX: SUMMARY, CONCLUSION AND RECOMMENDATIONS
6.1 Summary β β β β β β β 98
6.2 Conclusion β β β β β β β 103
6.3 Recommendations β β β β β β 104
Bibliography β β β β β β β 105
Appendix β β β βΒ
Β
Abstract
Corruption is recognized as the bane of theΒ NigerianΒ society as it undermines governance. The Economic
and Financial Crimes Commission (EFCC) was established to mitigate the menace of economic and financial crimes inΒ Nigeria. This was informed by the upsurge of corruption byΒ government officialsΒ and
the need to enthrone probity in governance in the country. This study therefore appraises the performance of the Economic and Financial Crimes Commission in reducingΒ corruption in Nigeria. It examines the impact of immunity of public officeholders and the arrests andΒ prosecutionΒ of corrupt
government officials on the effective enforcement of economic andΒ financial crimelaws in Nigeria by
the EFCC. It utilized theΒ qualitative methodΒ in the collection and analysis of data; while structural
functional theory served as the theoretical framework of analysis. The study demonstrated that
immunity of public officeholders has not hindered the effective enforcement of economic and financial
crimes laws by EFCC in Nigeria. It also revealed that arrests and prosecution of government officials by
the Economic and Financial Crimes Commission (EFCC) has not reduced the incidence of corruption
among government official in Nigeria. It therefore, concludes that the enforcement of the economic and
financial crimes laws in Nigeria by the Economic and Financial Crimes Commission (EFCC) has not led to
reduction in economic and financial crimes by public officeholders. It therefore recommends enhancing
the independence of EFCC and the passage of the Special Courts (Establishment) Bill to designate
specific courts to hear corruption cases to facilitate prosecution of corrupt officials.
Contents
Title β β β β β β β β β i
Approval β β β β β β β β ii
Dedication β β β β β β β β iii
Acknowledgements β β β β β β β iv
Abstract β β β β β β β β vi
Contents β β β β β β β β vii
List of Tables β β β β β β β β ix
List of Figures β β β β β β β β ix
CHAPTER ONE: INTRODUCTION
1.1 Background of the Study β β β β β 1
1.2 Statement of the Problems β β β β β 7
1.3 Objectives of the Study β β β β β 8
1.4 Significance of the Study β β β β β 9
CHAPTER TWO: LITERATURE REVIEW
2.1 Corruption and Incidence of Corruption in Nigeria β β 11
2.2 Immunity and Political Corruption in Nigeria β β 24
2.3 Arrests and Prosecution of Corrupt Public Officials β β 28
2.4 Gap in Literature β β β β β β 30
CHAPTER THREE: METHODOLOGY
3.1 Theoretical Framework β β β β β 32
3.2 Hypotheses β β β β β β β 36
3.3 Research Design β β β β β β 37
3.4 Methods of Data Collection β β β β β 37
3.5 Methods of Data Analysis β β β β β 39
3.6 Logical Data Framework β β β β β 40
CHAPTER FOUR: ANTI-CORRUPTION LAWS AND THE IMMUNITY OF PUBLIC OFFICIALS IN NIGERIA
4.1 Anti-Corruption Laws in Nigeria β β β β 44
4.2 Powers and Responsibilities of the EFCC β β β 56
4.3 Activities of EFCC since Creation β β β β 59
4.4 Immunity and Prosecution of Public Officials in Nigeria β 63
4.5 Executive Immunity under the Nigerian Constitution β 66
CHAPTER FIVE: ARRESTS AND PROSECUTION OF CORRUPT PUBLIC OFFICIALS IN NIGERIA BY EFCC
5.1 Arrests and Prosecution of Public Officials by the EFCC β 74
5.2 Prosecution and Conviction of Corrupt Officials β β 81
5.3 Factors Undermining EFCC Anti-Corruption Efforts β 83
5.4 Political Interference in Anti-Corruption Cases β β 86
5.5 Judicial Inefficiency and Deliberate Delay in Prosecution of 8
Corrupt Officials β β β β β β 89
5.6 The EFCCβS Own Shortcomings β β β β 92
5.7 Unreliable Partners: The ICPC and CCB β β β 93
CHAPTER SIX: SUMMARY, CONCLUSION AND RECOMMENDATIONS
6.1 Summary β β β β β β β 98
6.2 Conclusion β β β β β β β 103
6.3 Recommendations β β β β β β 104
Bibliography β β β β β β β 105
Appendix β β β βΒ
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