Reshaping the Amorphous Nature of the Offence of Corruption in Nigeria

Abstract

"Corruption in Nigeria is so notorious that data and statistics are no longer necessary to prove and establish that the proportion is endemic. Corruption, no doubts, has eaten deep into the fabrics of the Nigerian polity and system, so much so that it has become convenient to offer justification for some kind of public malfeasances in other to categorize them as a class of public misconduct outside corruption. Those who engage in the act of corruption now call it by different names in other to excuse themselves from the damning effect and opprobrium associated with corruption. Acts of stealing and embezzling public funds in Nigeria are now termed ‘stealing' simpliciter, hence the ignoble coinage ‘stealing is not corruption.' This has become convenient and common place in the public sphere because our laws failed to give a definite definition and make clear provision on the scope of the subject matter of corruption. This has compounded the confusion as to the scope of the offence of corruption in Nigeria, as the offence-creating statutes, in their provisions on corruption, fail to cover and integrate as corruption, various acts which are globally recognized as corruption. This paper is thus set out to critically examine the extent and scope of the offence of corruption in Nigeria and to determine its true scope. The paper undertook the examination of relevant statutes touching on the offence of corruption with a view to pointing out generally, the inadequacies of our laws in this regards and to clarify and identify certain class of corrupt practices that are not specifically provided for. The methodology is thematic, while the presentation approach is expository, analytical, critical and comparative. It undertook a discussion of the subject matter by way of critical analysis of relevant themes and examination and assessment on the relevant laws and opinions relating to the subject matter.