Nigeria's crisis of corruption--can the U.N. global programme hope to resolve this dilemma?

• Jurisdiction: United States
• Author: Goodling, Nicholas A.
• Date: 01 May 2003

ABSTRACT

Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.

This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part II provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the Global Programme. Part V describes the areas upon which such a project needs to focus in order to effectively target the evasive causes of corruption.

TABLE OF CONTENTS I. INTRODUCTION II. BACKGROUND A. Corruption Defined B. Effects of Corruption C. Nigerian History--the Roots of Corruption D. Nigeria and the Global Programme 1006 III. U.N. GLOBAL PROGRAMME AGAINST CORRUPTION A. Background of the U.N. Involvement B. Policies and Approaches Adopted by the U.N. Global Programme C. Structure of the Global Programme IV. NIGERIAN ANTI-CORRUPTION LEGISLATION AND INITIATIVES A. Existing Legal Framework B. Implementation of Initiatives Pursuant to the Global Programme Against Corruption C. Successes of Recent Nigerian Efforts D. Model Legislation Proposed by the United Nations V. EVALUATION OF THE PROGRAMME AND NIGERIA'S IMPLEMENTATION A. Failure to Address the Causes of Corruption B. Failure to Provide Effective Incentives to Comply with the Programme's Measures C. Costs of Remediation VI. CONCLUSION I. INTRODUCTION

Prayer for Nigeria in Distress All powerful and merciful father, you are the God of justice, love and peace. You rule over all the nations of the earth. Power and might are in your hands, and no one can withstand you. We present our country Nigeria before you. We praise and thank you, for you are the source of all we are. We are sorry for all the sins we have committed, and for good deeds we have failed to do. In your loving forgiveness keep us safe from the punishment we deserve. Lord we are weighed down not only by uncertainties, but also by moral, economic and political problems. Listen to the cries of your people who confidently turn to you. God of infinite goodness, our strength in adversity, our health in weakness, our comfort in sorrow, be merciful to us your people, spare this nation Nigeria from chaos, anarchy and doom. Bless us with your kingdom of justice, love and peace. (1) Corruption is a detrimental force that hinders democracy and represses individuals in many countries throughout the world. As one Nigerian official noted, "there is corruption everywhere." (2) He further explained that "[t]he word 'corruption' is not a Nigerian word; it is an English word." (3) While "corruption" is an English word, necessarily laced with Western ideas, the concept behind corruption is found in other cultures. In fact, over the past five years there is little doubt over which country is the most corrupt: Nigeria. (4) "Corruption, as the name rages like a desert storm blowing from the North, has been institutionalized in Nigeria." (5) Nigeria possesses the dubious honor as one of the world's most corrupt societies according to Transparency International's Corrupt Practices Index. (6) In 2002, Nigeria placed 101 out of the 102 nations where Transparency International performed the study. (7) According to the organization's index, which measures the "degree of corruption as seen by business people, academics and risk analysts," only Bangladesh scored lower. (8)

Corrupt practices transcend nearly "every stratum of Nigerian society." (9) Thus, when seeking to mediate corruption, the Nigerian government faces a trying task. While "corruption" is an English word, it does not exist without equivalents in other languages. In Nigeria one describes similar acts as okonjuwa, iri nso azu, or zamba. (10) Therefore, the concept of corruption and its perception as a problem are certainly not foreign to Nigeria, in spite of what the aforementioned official would lead one to believe. (11) Major corruption scandals have crippled Nigeria over the past several decades. (12) Between 1983 and 1999, the Nigerian government lost more than one billion U.S. dollars annually to smuggling networks, many in collusion with the top elite of the nation. (13) The situation in Nigeria provides a glimpse of how corruption can destroy an entire economy in a developing nation.

As a result of the pervasive and devastating problem of third-world corruption, in 1998 the United Nations initiated a Global Programme Against Corruption (Global Programme, Programme). (14) The Global Programme targets countries with vulnerable developing or transitional economies by promoting anti-corruption measures and helping to make public-sector actions more transparent. (15) This program, initiated by the U.N. Center for International Crime Prevention (CICP), (16) partners with countries where corruption is prevalent to develop programs and legislation to minimize corrupt practices. (17)

This Note will examine the structure and goals of the Global Programme and evaluate Nigeria's participation in the project. Part II will provide a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III will analyze the basic structure of the Global Programme, while Part IV will outline Nigeria's efforts pursuant to the Global Programme. Part V will then describe the areas upon which such a project needs to focus in order to effectively target the evasive causes of corruption.

2. BACKGROUND

   This Section will (A) define and examine that which comprises corruption, (B) provide a summary of the detrimental effects of widespread corruption, (C) address Nigeria's colonial history and examine the roots of the widespread graft, and (D) look at the current levels of corruption during Nigeria's involvement with the U.N. efforts to reduce corruption.

   1. Corruption Defined

      Before looking at the causes of Nigerian corruption and the new measures sought by the United Nations and the Nigerian government to remedy the problem, it is first necessary to define the term "corruption." (18) Formulating a definition remains vital because such an omission would raise a practical dilemma: How can one examine corruption and search for its solutions without first identifying what is being studied? This difficulty arises in large part because defining corruption can be, and has been, approached in numerous ways. One definition formulated by Arnold Rogow and Harold Lasswell provides a fairly accurate description of the term. (19) They assert that "a corrupt act violates responsibility towards at least one system of public or civic order and is in fact incompatible with (destructive of) any such system." (20) They further clarify this description by adding that "a public or civic order exalts common interest over special interest; violations of common interest for special advantage are corrupt." (21)

      Like any definition, Rogow and Lasswell's is open to criticism. One potential downfall is its broad, idealistic nature, but it is this aspect that delves into the core of the nature of corruption. It obviously cannot be considered a functional legal definition; therefore, individual societies need to determine what levels of corruption are tolerable. Generalized definitions are appropriate, especially when trying to identify something as being right or wrong. When trying to address corruption and remove it from society, however, it may be necessary to find a more concrete, legal definition.

      The United Nations formulated its own definition of the term while developing an Anti-Corruption Tool Kit available to those nations participating in the Global Programme, which is also available to those not involved with the project that simply want to evaluate and reduce their own levels of corruption. (22) The Tool Kit does not take a specific, bright-line approach to defining corruption. (23) In it, the United Nations articulates that attempts to define the term inevitably "encounter legal, criminological and ... political issues." (24) The Tool Kit, instead, defines differing types of corruption--grand, petty, active, and passive. (25)

      Moreover, the Global Programme acknowledges that corruption arises in many different forms. (26) The U.N.'s multi-layered definition incorporates many concrete examples of how corruption manifests itself. (27) Nevertheless, their multiple definitions fail to do what Rogow and Lasswell did--introduce the notion that one possesses a responsibility to others while in office and appeal to how one violates this responsibility when taking part in corrupt practices. (28)

      Therefore, a definition that combines the strengths from both the Anti-Corruption Toolkit and Rogow and Laswell would provide a broad, yet legally practicable, definition. Corruption could be defined as a misuse of public authority for private gain, leading to the violation of the civic responsibility inherent in such authority. (29) Any "violations of common interest for special advantage are corrupt." (30) The definition could further list those specific examples mentioned in the Anti-Corruption Toolkit, but articulate that they are only examples, as opposed to a comprehensive list.

   2. Effects of Corruption

      Corruption presents significant concerns, especially for developing countries. Evidence suggests that corruption creates major impediments to doing business in countries where it is prevalent. (31) As a result, the effects on development can be staggering. (32) Furthermore, over the course of entire regimes headed by corrupt individuals, a nation could lose billions of dollars into the pockets of the nation's leaders that would otherwise find outlets elsewhere. (33)...