The Role of the Administration of Criminal Justice Act, 2015 in the Trial of Corruption Cases in Nigeria

Abstract

Combating corruption and abuse of public office/trust has been on-going for decades, but has intensified with the return to democracy in 1999. The establishment of the Independent Corrupt Practices Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to advance the work of the constitutionally established Code of Conduct Bureau (CCB) and Tribunal (CCT) has heightened attention to anti-corruption strategies and mechanisms.Recent findings have shown that as at 2012, Nigeria is estimated to have lost over $400 (four hundred) billion dollars to corruption since independence. Between 2013 and 2015 Nigeria lost about $50 (fifty) billion dollars (N15 trillion naira) to corruption and abuse of public office. This ranges from the $15 (fifteen) billion dollars (about N4.5 trillion naira) lost to massive fraudulent and corrupt practices in arms and defence equipments procurements, (including misuse of 3 trillion naira defence budget since 2011 under the guise of fighting Boko Haram or counter-insurgency operations in the North-East region of Nigeria); to $2.2 billion dollars (N660 billion naira) illegally withdrawn from Excess Crude Account to partly finance Jonathan’s Presidential re-election campaign, and about $20 (twenty) billion dollars of oil revenue which NNPC failed to remit to the federation account because the amount was indeed misappropriated or spent without appropriation (or legal authorization). More recently, is the Diezanigate scandal of $115 million dollars (about N23.3 billion naira) slush funds to Fidelity Bank Plc to bribe INEC officials and election observers among others.The resultant consequence of the above lost to corruption and abuse of public office is the fact that the reportedly generated about $700 (seven hundred) billion dollars (about N210 trillion naira) from crude oil between 1999 and 2015, have made little impact on infrastructural development and on the quality of life and standard of living of Nigerians. The above development has already rendered negligible the recently reported seizure of well over N1 trillion (one trillion) naira (about $3.34 billion dollars). In addition, the EFCC reported to have secured over 140 convictions of looters of the nation’s wealth, including some politically high profile criminals.Many writers and analysts have posited about the different potential causes of entrenched, systemic and widespread corruption and abuse of public office in Nigeria. Among the identified causes are greed; get-rich quick syndrome; ostentatious lifestyles; undue pressures by political party associates, friends and kinsmen seeking favour from public officers for their personal survival or gain; lack of decorum and moral consciousness, absence of transparency and accountability in governance or public administration.It is against this background that this paper seeks to achieve the following objectives: I. To underscore the importance and rationale behind the constitutional basis and scope of application of the Code of Conduct for public officers;II. Examine the role of the Code of Conduct Bureau (CCB) and Tribunal (CCT) in combating corruption and abuse of public office; andIII. To conclude with viable options for Nigeria.