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CORRUPTION
AND ECONOMIC CRIMES IN THE PUBLIC SECTOR OF NIGERIA
2.1 DEFINITION OF CORRUPTION AND ECONOMIC CRIMES
According to
section 2 of I.C.P.C Act (2000), corruption simply connotes impropriety and
encompasses all forms of reprehensible, indecorous and infamous conduct in the
performance of some official and non – officials responsibilities. This means
any act, which go out of any normal societal behaviour.According to Nye, J.S.
(1967), Corruption is a behavior, which deviates from the formal duties of a
public role, because of private (gains) – regarding (personal, close family,
private clique, pecuniary or status gains). It is behavior, which violates
rules against the exercise of certain types of duties for private gains –
regarding influence.Banfield (1961) says that corruption includes such
behaviours as bribery (use of a reward to prevent the judgment of a person in a
position of trust; nepotism (bestowal of patronage by reasons of ascriptive
relationship rather than merit); and misappropriation (illegal appropriation of
public resources for private uses.Corruption is the efforts to secure wealth or
power through illegal means private gain at public expense; or a misuse of
public power for private benefit. (Lipset and Lenz 2000).According to Gboyega
(1965), “Corruption and Democratization in Nigeria”, Corruption involves the
giving or taking of a bribe, or illegal acquisition of wealth using the
resources of a public office, including the exercise of discretion”.According
to section 46 of the Economic and Financial Crimes Commission defines economic
crimes to means, “the non – violent criminal and illicit activity committed
with the objective of earning wealth illegally either individually or in a
group or organized manner thereby violating existing legislation governing
economic activities of government and its administration and includes any form
of fraud, narcotic drug trafficking, money laundering, embezzlement, bribery,
looting and any form of corrupt practices, illegal arms deal, smuggling, human
trafficking and child labour, illegal oil bunkering and illegal mining, tax
evasion, foreign exchange malpractice including counterfeiting currency, theft
of intellectual property and piracy, open market abuse, dumping of toxic and
prohibited goods etc.
Okolie, A.O
(2006) described economic crimes as the manifestation of a criminal act done
either solely or in an organized manner with or without associates or groups
with an intent to earn wealth through illegal means, carrying out of illicit
activities which violate the laws of the land and other regulatory statutory
provisions governing the economic activities of the government and
administration.
2.2 HISTORY/TREND OF CORRUPTION AND ECONOMIC
CRIMES IN NIGERIA
The origin
of corruption in Nigeria predates our political independence. The evidence of
this fact derives from the allusion to the following statements. For instance,
“on February 26, 1952, the Emir of Gwandu moved the following motion in the
Northern House of Chiefs: “That this House, agreeing that bribery and
corruption are widely prevalent in all walks of life recommends that Native
Authorities should make every effort to trace and punish offenders with strict
impartiality and to educate public opinion against bribery and corruption”
(Adebayo, A. (1986).Eleven years later, Ronald Wealth and Edgar Simpkins (1963)
were able to observe that “in Africa, corruption flourishes as luxuriantly as
the bush and the weeds which it so much resembles, taking the goodness from the
soil and suffocating the growth of the plants which have been carefully and
expensively bred and tended. The forces ranged against it are negligence”.The
corruption now prevalent in Nigeria today has grown beyond imagination and to a
degree, which boggles the mind. Corruption is a common word and has become part
of everyday usage.
Since 1966,
various dispensations (democratic or military) in Nigeria, at one time or the
other, embraced one form of scheme, strategy or programme directed at curbing
the menace or consequences of corruption.
2.3 TYPES OF ECONOMIC CRIMES
Economic
crimes are indeed a serious threat to the public sector and therefore a threat
to the nation since the public sector is the heart of the nation. The existence
and prosperity of a nation can be held to ransom by the activities of economic
crimes perpetration.Some forms of economic crime are advance fee fraud, fraud,
money laundering and embezzlement of government funds; these are explained
below.
2.3.1 ADVANCE FEE FRAUD
Advance fee
fraud is a criminal offence defined and punishable under section 419 of the
Nigeria criminal code. Statutory section 419 of the criminal code of Nigeria
provides thus any person who by any false pretence and with the intent to
defraud, obtain from any other person anything capable of being stolen is
guilty of felony and is liable to 3 years imprisonment.The scam popularly known
as “419” was initially subsumed under the category of criminal offences which
have described as “obtained under false pretence” but now it under the EFCC
Act. Syndicates as it is widely known outside our borders, initiate the scam
with members in different parts of the world strategically located to implement
their different tasks.
Though there
are many variations, which are constantly been adapted to change some inherent
elements of advance fee fraud in the public sector, and they are:
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