Challenges of Defence Counsel in Corruption Prosecution in Nigeria

Challenges of Defence Counsel in Corruption Prosecution in Nigeria

Abstract

The primary purpose of this paper is to examine the multidimensional challenges inhibiting the fight against corruption in Nigeria. With emphasis on litigation as a tool for fighting corruption, the paper reveals factors that contribute to corruption in Nigeria and efforts being made to combat it. It evaluates the adequacy and effectiveness of the legal framework and prosecution of corruption cases in Nigeria. The paper argues that the failure of the Nigerian State to effectively combat corruption is not attributable to inadequate or lack of enabling legal framework. While recognizing the right of persons standing trial for corruption to a fair trial and meaningful day in court, it also highlights various challenges confronting defence counsel before and during trial of persons standing trial for corruption. Finally, the paper recommends how corruption can be controlled in Nigeria.

Keywords: corruption;

Introduction

Corruption has permeated every fabric of the Nigerian nation. Various governments have fought the crime for decades³ with little success. Corruption has been acknowledged as the only steady growth Nigeria has experienced since her Independence. Corruption is a hydra-headed monster with the capacity to destroy every facet of life. The virus of corrupt practices is devastating on every aspect of the economy⁴; it promotes authoritarian and oligarchic rule because it ensures that wealth and power are concentrated in the hands of a few to the detriment of the silent suffering majority. Corruption compromises the fortune of future generations of a corrupt nation. The effect of corruption was admirably summed up by a former Chairman of the Economic and Financial Commission Crime:

The corruption endemic to our region is not just about bribery, but about mismanagement, incompetence, abuse of office, and the inability to establish justice and the rule of law. As resources are stolen, confidence not just in democratic governance but in the idea of just leadership ebbs away. As the lines of authority with the government erode, so too do traditional authority structures. In the worst cases, eventually, all that is left to hold society together is the idea that someday it may be your day to get yours. This does little to build credible, accountable institutions of governance or put the right policies in place.

The African Union has reported that corruption drains the region of some $140 Billion a year, which is about 25% of the continent’s official GDP… between 1960 and 1999, Nigerian officials had stolen or wasted more than $440 billion. This is six times the Marshall plan, the total sum needed to rebuild a devastated Europe in the aftermath of the Second World War. When you look across a nation and a continent riddled with poverty and weak institutions, and you think of what this money could have done- only then can you truly understand the crime of corruption, and the almost inhuman indifference that is required by those who wield it for personal gain… I stand by the idea that corruption is responsible for as many deaths as the combined results of conflicts and HIV/AIDS on the African continent. (Ribadu, 2009)

Corruption has also been associated with the destruction of the soul of the society; inequality in the society; and hindrance to effective legal system. Nigeria’s former President Chief Olusegun Obasanjo has rightly observed: All of us know that the scourge of corruption has eaten so deeply in to the fabrics of public and private transactions in our country, that it had become impossible to contemplate and plan for our generation without first tackling it. It is not only illegal; it is bad because it corrupts the very soul of our community. It makes nonsense of all our inadequate resources. It breeds cynicism and promotes inequality. It renders it almost impossible for this administration to address the objectives of equity and justice in our society with any seriousness. And finally, it destroys the social fabric of our society leaving each individual on his own, to do only whatever, is best for himself.⁵

Corruption is the most devastating crime and a precursor of all other crimes (Adeyemi, 1998, p. 3). Corruption is not only anti-people; it targets the very vulnerable in the society. Corruption is pervasive in both the public and the private sectors and has indeed become a “cankerworm reaching the dimension of epidemic in our body politic (Adeyemi, 1998, p. 3).” A society that tolerates corruption will definitely be regressive and isolated from the comity of civilized countries (Osipitan & Oyewo, 1999, pp. 257-282). This explains why all hands must be on deck in the fight against corruption.

Objective

The objective of this paper is to examine the multidimensional challenges inhibiting the fight against corruption in Nigeria. It focuses on litigation as a tool for fighting corruption. The paper reveals factors that contribute to corruption in Nigeria and the efforts being made to combat it. It evaluates the adequacy and effectiveness of the legal framework for the prosecution of cases of corruption in Nigeria. It argues that the failure of the Nigerian state to effectively tackle corruption is not due to inadequate or lack of enabling legal framework but a combination of lack of political will, institutional failures, and institutional corruption that ubiquitously pervade the Nigerian State. The paper recognizes the rights of persons standing trial for corruption to a fair trial and meaningful day in court. Against this background, the paper examines the challenges confronting defence counsel before and during trial of persons standing trial for corruption. Finally, the paper recommends some measures to enhance the performance of the defence counsel.

This paper is divided into five parts. Part one is introductory. Part two defines relevant conceptual terms. Part three highlights the challenges of combating corruption in Nigeria. Part four x-rays the problems confronting defence counsel engaged by persons accused of corruption. Part five concludes with suggestions.

Chapters: 1 - 5

Delivery: Email

Number of Pages: 65

Price: 3000 NGN

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