The issue of corruption has led to loss of confidence in Nigeria by its citizens at home and abroad including the international community at large due to the activities of fraudsters, corrupt public officials and mis-governance by our leaders. On the international scene, Nigeria has been blacklisted as a slate in which integrity and transparency are alien and where no transactions occur without greasing palms. There is a culture of unregulated informal economy, inefficient contract awards, inadequate enforcement of existing laws and a culture of preferential treatment in the conduct of government business.
There is no gainsaying that this menace has to be tackled with utmost seriousness. The establishment of an anti-graft agency as thus necessary to address the issue. The Independent Corrupt Practices and other Related Offences Commission (I.C.P.C) was established in the year 2000 by an Act of the National Assembly to combat corruption at all levels. The commission was meant to be Nigeria’s primary institution to address corruption in the public sector.
This long essay represents an attempt to probe into the role of the commission and the impact of its existence in abrogating the menace of corruption in Nigeria. In its chapter one, an attempt is made at introducing the subject matter of the essay as well as a consideration of the major terms used in the work, the scope of corruption and a probe into the history and causes of corruption in Nigeria.
Chapter two focuses on he independent corrupt practices and other Related Offence Commission (hereinafter referred to as “the commission”), its structure and membership, powers,
functions and a consideration of some of the offences under the I.C.P.C. Act, the prosecution of those offences and punishments prescribed therefore.
Chapter three deals with an assessment of the role of he commission in combating corruption in Nigeria and other factors which affect the smooth operation of the commission in its task.
Chapter four contains the concluding remarks as well as which affects the efficiency and effectiveness of the commission as captured in the long essay.
This long essay adopts a doctrinal methodology in the presentation of the issues caught under the scope of the topic.
TABLE OF CONTENTS
TITLE PAGE i
LIST OF ABBREVIATIONS v
TABLE OF CASES vi
TABLE OF STATUTES vii
TABLE OF CONTENTS viii
CHAPTER ONE 1
PRELIMINARY CONSIDARATIONS 1
1.1 INTRODUCTION 1
1.2 DEFINITION OF TERMS 2
1.2.1 CRIME 2
1.2.2 BRIBERY 3
1.2.3 FRAUD 4
1.2.4 EMBEZZLEMENT 4
1.2.5 DEFINITION OF CORRUPTION UNDER THE ACT. 5
1.3 THE SCOPE OF CORRUPTION 5
1.4 THE HISTORICAL AND PHILOSOPHICAL FOUNDATION OF CORRUPTION IN NIGERIA 8
1.6 THE HISTORY OF HE ESTABLISHMENT OF THE I.C.P.C. 13
CHAPTER TWO 15
THE STRUCTURE, POWERS AND FUNCTIONS OF THE ICPC 15
2.1 THE STRUCTURE OF THE COMMISSION 15
2.3 THE POWERS AND FUNCTIONS OF THE COMMISSION 19
2.4 OFFENCES AND PUNISHMENT UNDER THE I.C.P.C. ACT 2000 23
2.5 PROSECUTION OF OFFENCES UNDER THE ICPC ACT, 2000 27
CHAPTER THREE 30
AN ASSESSMENT OF THE ROLE OF ICPC IN THE FIGHT AGAINST CORRUPTION IN NIGERIA 30
3.1 FACTORS MILITATING AGAINST THE ROLE OF THE I.C.P.C 30
3.2 THE ISSUE OF INDEPENDENCE 34
3.3 THE ISSUE OF DUPLICITY OF FUNCTIONS 36
3.4 GENERAL ASSESSMENT 39
CHAPTER FOUR 42
CONCLUSION AND RECOMMENDATION 42
4.1 CONCLUSION 42
4.2 RECOMMENDATION 43