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AN EVALUATION OF FINANCIAL CRIME CONTROL IN NIGERIA (A CASE STUDY OF EFCC 1999 - 2010)
This research work examined economic and financial control commission in Nigeria (EFCC) between 199-2010.
Chapter one contains Introduction, background to the study, statement of the problem, aims and objective, significance of the study, scope of study, limitation of study, research and definition of terms.
In chapter two the relevant literature were rerviewed and it dealt more on the concept of corruption and ways of combating corruption in Nigeria
Chapter three examined the historical review of Nigeria’s financial crime control under the following sub-headings; definition and scope of financial crimes, structure of Nigerian Financial Crime Control system, identification and documentation of Nigeria’s financial control system, origin and the institutionlization of EFCC, functions of EFCC.
Chapter four is on the appraisal of EFCC. It highlighted EFCC financial crime cases profiles (1999-2010), it also discussed EFCC under the leadership of Nuhu Ribadu, Waziri Farida and the present Chairman Ibrahim Lamorde. The chapter also contains the criticism, and challenges of EFCC.
In chapter five the study was summarized, recommendations were made and conclusions were drawn.
TABLE OF CONTENTS
Table of Contents
CHAPTER ONE: INTRODUCTION
Background to the Study
Statement of Problem
Objectives of the Study
Significance of Study
Scope and Limitation of Study
Sources of Data
CHAPTER TWO: LITERATURE REVIEW
2.1 Literature Review.
Notes and References
CHAPTER THREE: HISTORICAL REVIEW OF NIGERIA IS FINANCIAL CRIMES CONTROL
3.1 Definition And Scope Of Financial Crimes.
3.2 Structure Of Nigeria Financial Crime Control System
3.3 Identification And Documentation Of Nigeria's Financial Control System.
3.4 The Origin And The Institutionalization Of EFCC
3.5 Functions Of EFCC
Notes And References
CHAPTER FOUR: AN APPRAISAL OF ECONOMIC AND FINANCIAL CRIME COMMISSION (EFCC)
4. 0 Introduction
4.1 EFCC'S Financial Crime Cases Profile (1999-2010)
4.2 EFCC Under The Leadership Of Nuhu Ribadu
4.3 Efcc Under Waziri Farida
4.4 Efcc Under Ibrahim Lamorde
4.5 Criticism Of The Efcc
4.6 The Challenges Of The Efcc
Note And References
CHAPTER FIVE: SUMMARY, RECOMMENDATIONS AND CONCLUSION
1.1 BACKGROUND TO THE STUDY
The need to curb the trend of corruption and lack of accountability by those occupying positions of authority in Nigeria necessitated the establishment of The Economic and Financial Crimes Commission (EFCC) in 2003 by President Olusegun Obasanjo. This patriotic move became imperative in response to pressure from the international community which named Nigeria as one of the notorious 23 countries that did not cooperate with the fight against money laundering. The government later promulgated the EFCC Act 2004 to give legal backing to the watchdog agency. Ribadu (2006) noted that Nigeria's target with regard to financial accountability and mismanagement of common wealth is zero tolerance for corruption. This EFCC hoped to actualize through diverse strategies, viz;
i. Promulgation of laws against graft - Independent Corrupt Practices and (Other Related Offences) Commission (ICPC) Act, Economic and Financial Crimes Commission (EFCC) Act, Money. Laundering (Prohibition) Act 2004.
ii. Strengthening of anti-corruption and other economic crimes Institutions for effective law enforcement.
iii. Prosecution and conviction of high ranking administration officials.
iv. Tracing, seizing and confiscation of all proceeds of crime.
v. Institution of the Due Process Mechanism in public sector procurements. vi. Privatization of failing public institutions and creating an enabling environment for effective private-public partnerships.
vii. Monthly publication of distributable revenue from the Federation Account to the different tiers of government.
viii. Institution of transparencies in the oil and gas sector through the work of the Extractive Industries Transparency Initiative (NEITI)
In line with the above strategies, the EFCC is empowered by law to investigate, prevent and prosecute offenders who engage in "Money laundering, embezzlement, bribery, looting and any form of corrupt practices, illegal arms deal, smuggling, human trafficking, and child labour, illegal oil bunkering, illegal mining, tax evasion, foreign exchange malpractices including counterfeiting of currency, theft o f intellectual property and piracy, open market abuse, dumping of toxic wastes, and prohibited goods" (Section 46, EFCC Establishment Act, 2004). The Commission is also responsible for identifying, tracing, freezing, confiscating, or seizing proceeds derived from terrorist activities. EFCC is also host to the Nigerian Financial Intelligence Unit (NFIU), vested with the responsibility of collecting suspicious transactions reports (STRs) from financial and designated non-financial institutions, analyzing and disseminating them to all relevant government agencies and other Financial Intelligence Units all over the world.
In addition to other law relating to economic and financial crimes, including the criminal and penal codes, EFCC is empowered to enforce all the pre-1999 anticorruption and anti-money laundering laws. Punishment prescribed in the EFCC Establishment Act range from combination of payment of fine, forfeiture of assets and up to five years imprisonment depending on the nature and gravity of the offence. Conviction for terrorist financing and terrorist activities attracts life imprisonment (Ribadu, 2006).
The above painted scenario had translated into loss of economic activities, negative national image, and failure of state institutions, brain drain, business failures, unemployment, poor investment climate and poverty.
1.1 STATEMENT OF PROBLEM
The indelible mark that corruption has put on the Nigerian polity cannot be overemphasized. The creation of the Economic and Financial Crimes Commission (EFCC) is one visible attempt made to fight this long term problem. The Economic Financial Crimes Commission (EFCC) however have been facing a whole array of problems which hinders its adequate functionality, most important of which is the politicizing of the agency as a tool of oppression against political enemies. It is against this background that this study seeks to undergo a critique of the Economic Financial Crimes Commission (EFCC) in financial crime control in Nigeria.
1.2 AIMS AND OBJECTIVES
The aims of this study are:
· To highlight the major role played by the EFCC in tackling corruptions and financial crimes in Nigeria.
· The study would discuss the acts of the agency and its mode of operations.
· The study would also give an EFCC's successes and shortcomings in the fight against financial crime-and-corruption in Nigeria.
1.3 SIGNIFICANCE OF THE STUDY
The study is significant because, perceiving corruption from its corrosive element in the Nigeria government and society, there is a need to find a lasting solution to the endemic problem. Therefore this work would be important to reformers in the fight against corruption. This work would be of use to student, scholars, and lawmakers and would also add to knowledge generally.
1.4 SCOPE OF STUDY
The study covers the period starting from the creation of EFCC during Obasanjo’s civilian regime 1999-2010. The study would also focus particularly on EFCC as an anti-corruption agency charged with the primary responsibility of fighting economic and financial crimes in Nigeria.
1.5 LIMITATION OF STUDY
The study is limited due to lack of funds, non-availability of classified materials, and limited time for research. The researcher however has endeavoured to carry out a critical research with the available materials and has made a serious attempt to leave no stone unturned.
1.6 RESEARCH METHODS
The work is divided into five chapters. The first chapter is introduction to the study. The second chapter would review several literatures written on the research topic. The third chapter would examine deeply the role of EFCC in combating corruption and its impact on economic development. The fourth chapter would attempt to make an informed analysis of available data. Chapter five gives a summary, recommendation and conclusion.
1.7 DEFINITIONS OF TERMS
Corruption:- Dishonesty and exploitations of power for personal gain EFCC-Economic and Financial Crimes Commissions
FATF:- Financial Action Task Force
FSAP:- Financial Sector Assessment Programme
OFC:- Offshore Financial Centre
FDI:- Foreign Direct Investment
FIU:- Financial Intelligent Unit
ICT:- Information and Communication Technology
ICPC:- Independent Corruption Practice Commissions
INEC:- Independent National Electoral Commission
IMF:- International Monetary Fund
TI:- Transparency International
NAFDAC:- National Food and Drug Administration
NJC:- National Judiciary Council
SON:- Standard Organization-of -Nigeria
UNCAC:- United Nations Convention against Corruption
NEITT:- Extractive Industries Transparency Initiative
STR: Suspicious Transaction Report
NOTES AND REFERENCES
Inegbedion, N.A. (2004) "Corruption and Anti-corruption Legislations in Nigeria: A Critique" in University of Benin Law Joumal.pp157-149
Peter, D (2004) "Nigeria Beyond Anti-Corruption Legislation" in Modern Practice Journal of Finance and Investment Law.Nos1-2
Osibajo Y and Ajayi K (1991) "Money Laundering in Nigeria" in Perspectives on Corruption and other Economic Crimes in Nigeria, Lagos P. 58.
Nlerunmi, S (1989)"The Deregulation and other Economic Crime in Nigeria: Old Problem, New Challenges and the Response. University Press, Port Harcourt.
Popoola, A.O; Ajayi, 0.0 (1989)"The Military and Economic Crimes in Nigeria" Proceeding of the 27" Annual Conference of the Nigeria Association of Law Teachers. Enugu, April 9-12,
Okogbule, N.S "The Nigeria Factor and the Criminal justices system" in University of Benin Law Journal. University Press P. 135
Yakubu, J.A (2003) "Democracy, Good Governance and the Phenomenon of Corruption in Nigeria" Proceeding of the 39th Annual Conference of the Nigeria Association Law Teachers, October. Enugu
The role of EFCC and Independent Corrupt Practices Journal of Business Administration and Education Vol 3, Number 2, 201 pp 105-110.