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1 – 10 of over 1000
Article
Publication date: 25 April 2022

Avitus Agbor Agbor

This paper advances the argument that misappropriation of public funds should be construed as illicit financial flows (IFFs) which, undoubtedly, have an adverse effect on the…

Abstract

Purpose

This paper advances the argument that misappropriation of public funds should be construed as illicit financial flows (IFFs) which, undoubtedly, have an adverse effect on the realisation of the right to development. Furthermore, by detailing the nature of IFFs, this paper aims to demystify the shallow understanding of what is IFF or what are IFFs and why misappropriation of public funds should be seen in that light.

Design/methodology/approach

This paper examines and interrogates the different judgements that have been delivered in cases tried and finalised by the special criminal court (SCC). With viewpoints that are backed by a theoretical understanding of Cameroonian criminal law in particular and criminal law in general, an analysis of the underlying intentions, motives and trajectories in the commission of misappropriation of public funds corroborate the view that the offence must be construed as IFFs. The data used in this paper are primary.

Findings

A few pertinent findings were made in the course of this research. Firstly, the offence of misappropriation of public funds and IFFs are not distinct, and any effort to limit the use offunds” to finances will ultimately miss the point as property with financial value will definitely amount to funds. Secondly, through misappropriation of public funds/property, IFFs have been committed based on the trends and figures disclosed in the judgements of the SCC. Finally, the right to development requires resources and by stealing public funds, resources are deprived, thereby compromising the realisation of development and the right to development.

Originality/value

This paper examines the impact of IFFs on the right to development within the context of Cameroon. By diagnosing the definition of the crime of misappropriation of public property or funds, the paper argues that such an offence must be seen as IFFs given its nature, the motive and intention underlying its perpetration. By taking such perspectives, this paper not only adds to the literature thereon but further brings in new perspectives on those aspects of Cameroonian criminal law.

Article
Publication date: 20 November 2017

Solabomi Omobola Ajibolade and Collins Sankay Oboh

The purpose of this paper is to attempt an empirical examination of government budgeting and expenditure processes in Nigeria, a developing country. It examines the current state…

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Abstract

Purpose

The purpose of this paper is to attempt an empirical examination of government budgeting and expenditure processes in Nigeria, a developing country. It examines the current state of budgeting and public funds management (PFM) in Nigeria. It also examines the extent to which the government has used the budgetary mechanism to effectively manage the nation’s economy.

Design/methodology/approach

The paper employed simple regression estimation technique for data analysis. Time series data set of budgetary information was constructed from different archival sources over a 16-years period (2000-2015), majorly the national Appropriation Acts, press releases, regulatory and governmental reports, reports of Transparency International, World Bank and Central Intelligence Agency.

Findings

The findings confirm that the nation’s annual budgeting approach is defective and lags in achieving its fiscal objectives. The budget indicates a state of poor accountability and transparency in PFM. Findings also suggest that the level of economic development in Nigeria is not commensurate with the size of government expenditure.

Practical implications

The paper draws the attention of the government to the need to restructure its approach to budgeting and adopt a more resilient approach that suits its environment and economic peculiarities in effort to ensure efficient management and accountability of public funds. The paper also offers value to other developing countries. It provides empirical evidence that explains an aspect why the African continent remains underdeveloped hitherto.

Originality/value

This paper lends a voice to the call for a restructuring of the Nigerian budgetary system and its implementation strategy. It advocates for the adoption of an alternative budgeting approach that matches Nigeria economic realities. The paper demonstrated that the traditional budgetary approach being used by many developing countries is limited in certain ways and could hinder sustainable development.

Details

International Journal of Public Leadership, vol. 13 no. 4
Type: Research Article
ISSN: 2056-4929

Keywords

Article
Publication date: 27 December 2021

Avitus Agbor Agbor

In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have…

Abstract

Purpose

In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have been made so far in fulfilling its mandate and also assuaging the tense and toxic perception that the Court was established as an arsenal to witch-hunt political opponents. This study aims to look into the work done so far in this regard, and makes an assessment as to whether any accomplishments have been made in the first decade of its establishment.

Design/methodology/approach

This paper takes an evidence-based approach in seeking answers to what accomplishments, if any, have been made by the Court, explores the notion of corruption within Cameroon’s legislative and institutional landscape prior to the establishment of the Court and looks into the profiles of those who have been indicted by the SCC for that crime; the amounts that were misappropriated and for which they were convicted; the sentences imposed. It identifies some outstanding cases: where the amounts misappropriated exceeded a threshold and asks the question of what made it possible for these individuals to misappropriate such huge sums of money?

Findings

The inconsistencies and irrationality in the sentencing are a few findings made. Added to those is the timing of the establishment of the Court which, as most have perceived, is a political witch-hunting aimed at bringing credibility to a failed regime, as well as deal with a few political “irresponsibles” who were once the president’s buddies.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The establishment of the SCC is commendable. However, as it deals with but a particular kind of corruption, it might be necessary to rethink the need of additional institutional mechanisms that have specialized jurisdiction to deal with the different kinds of corruption in Cameroon.

Social implications

The paper highlights the entrenched nature of corruption in the social fabrics of Cameroonian society, and exposes the need for a much holistic approach in dealing with corruption, as the SCC offers but one institutional mechanism toward that direction.

Originality/value

This paper, given the issues discussed therein, and considering the dearth of literature on the topic, advances the literature on the SCC in particular and the problem of endemic corruption in Cameroon in general.

Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

Article
Publication date: 1 April 1996

Michael Levi and Fangmin Ruan

China has a bad reputation — justified or not — for corruption: in a recent Transparency International survey, it was listed by US and European businesspeople as one of the three…

Abstract

China has a bad reputation — justified or not — for corruption: in a recent Transparency International survey, it was listed by US and European businesspeople as one of the three most corrupt countries in Asia, though its ranking fell slightly in 1996. A national survey revealed that ordinary Chinese regard corruption as the most serious problem after inflation, though 52 per cent expressed doubt that the Government could do anything about it. In 1995, in Beijing alone, 1,085 cases of corruption were uncovered. In 1996, in the Working Report of the Supreme Peoples's Procuratorate, the Chief Procurator Zhang Siqing observed:

Details

Journal of Financial Crime, vol. 4 no. 2
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 3 June 2020

Christopher Enyioma Alozie

This paper assessed accuracy level in accounting for government funds in Nigeria's federal treasury and their faithful presentation in government financial reporting. It aimed to…

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Abstract

Purpose

This paper assessed accuracy level in accounting for government funds in Nigeria's federal treasury and their faithful presentation in government financial reporting. It aimed to determine whether the reported annual balances in Nigeria's financial reporting were reliable or otherwise. Data used in analysis were obtained from secondary sources from federal treasury.

Design/methodology/approach

Ex-post “facto” analysis method was adopted in the study involving the use of statistical techniques of absolute or aggregate mean percentage error derived from differences between recomputed and published fund balances and was employed. This was augmented with interactive review meetings of the initial case research report with the management of Nigeria's audit agency.

Findings

Results distilled from the consolidated revenue fund (CRF), development fund and public debt show that recomputed values were greater than the fund balances in the gazetted financial statements. Results for contingency fund (CTF), federation account fund (FAF), special trust fund (STF) and sundry deposit fund yield equal figures and accurate. The paper concludes that there were serial understatements of the core public fund balances in the financial statements over the years. This trend of reporting incorrect in three core public funds in financial statements rendered Nigeria's financial position unreliable in the affected years for decisions. It also facilitated frauds, mismanagement of funds and corrupt practices.

Research limitations/implications

The scope of the research is restricted to assessment of degree of accuracy in fund accounting, faithful representation of the respective fund balance in the liabilities side of FGN balance sheet and the reliability of the financial position. But, it did not consider or cover the implementation of International Public Sector Accounting Standards (IPSASs) in federal treasury since FGN had not issued any full IPSAS–oriented financial statements as on 2015.

Practical implications

Identification of deficiencies in fund account balances, structural defects in fund accounting and acts of understatement of carrying balances in CRF and capital development fund (CDF) implies that the aggregate core fund liabilities reported in financial statement of government entities without corresponding assets do not actually reflect a true and fair financial position in some countries. It reveals remarkable degree of financial information asymmetry in government financial reporting. Illusionary fund accounting has direct linkage to poor fiscal governance in many sovereign with associated sub-optimal delivery of public goods and service level distress syndrome in many economies; lead to poverty, unemployment, crisis and macroeconomic disturbances.

Social implications

The study contributes to the development of fund accounting system; strengthening government financial reporting architecture and practices. It provides framework for tracking financial information asymmetry in government financial reporting and mismanagement of public funds. It provides platform to effect necessary adjustment (correction) during the “first time 3-year adoption” adjustment window in Nigeria. Flowing from the findings, it advocates for institutionalization of government fund accounting standards and provides evidence for migration to accrual accounting system in countries that have not already implemented it. Evaluation system developed herein will improve fund management in federal treasury and contribute to efficient public financial management, good governance and enhance development of public accounting practice.

Originality/value

This exploratory empirical research is the one to ever evaluate accuracy level of fund accounting in sovereign entities and faithful representation in government's financial position prior to implementation of accrual accounting and financial reporting. The study established substantial level of illusionary accounting for public funds and information asymmetry in published government's financial reporting. It is necessary to rectify these discrepancies in fund accounting and financial reporting prior to and or during the first three years of the IPSAS transition implementation programme. These research deliverables provide adopters with relevant data for adjustment accounting during the transition period in strengthening public financial reporting in order to realize the benefit of full IPSAS accrual accounting.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 32 no. 3
Type: Research Article
ISSN: 1096-3367

Keywords

Article
Publication date: 1 February 1997

Ye Feng

The crime of embezzlement and bribery is a wide‐spread crime in the present‐day world. It impairs the property relationship protected by the law and the reputation of state organs…

Abstract

The crime of embezzlement and bribery is a wide‐spread crime in the present‐day world. It impairs the property relationship protected by the law and the reputation of state organs and personnel. The party in power and the government in China have always persisted in fighting corruption and building clean and honest government and concentrated on using legal weapons to fight the crime of embezzlement and bribery resolutely. In recent years, China has made tremendous gains in fighting this crime. For 17 years, from 1979 to 1995, the Chinese procuratorial organs investigated and dealt with more than 458,000 cases of embezzlement and bribery. Meanwhile, it should be recognised that the crime is still a serious problem which hinders China's great cause of reform and opening up to the outside world. In particular, during the period of the transition from the old economic structure to the new one, the crime of embezzlement and bribery in this country shows many new characteristics. The major manifestations of the crime are listed below.

Details

Journal of Money Laundering Control, vol. 1 no. 2
Type: Research Article
ISSN: 1368-5201

Expert briefing
Publication date: 3 May 2023

The report was a highly critical review of her administration's competence in managing public funds and appeared to indicate serious corruption within government.

Details

DOI: 10.1108/OXAN-DB278811

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 1 March 2000

Ye Feng

In China, corruption mainly refers to crimes of corruption and bribery as stipulated in Articles 382 and 394, embezzlement (Articles 382 and 383), misappropriation of public funds

Abstract

In China, corruption mainly refers to crimes of corruption and bribery as stipulated in Articles 382 and 394, embezzlement (Articles 382 and 383), misappropriation of public funds (Article 384), accepting a bribe (Articles 385 and 386), a unit accepting a bribe (Article 387), accepting a bribe in mediation (Article 388), offering a bribe (Articles 389 and 390), offering a bribe to a unit (Article 391), offering a bribe for recommendation (Article 392), a unit offering a bribe (Article 392 and 393), accepting a gift without transferring it to the public (Article 394), possession of unexplained property (Article 395, sub‐paragraph 1), concealing overseas bank deposits (Article 395, sub‐paragraph 1), illegally distributing state‐owned assets (Article 396, sub‐paragraph 1) and illegally distributing confiscated property (Article 396, sub‐paragraph 2) in Chapter VIII on Crimes of Corruption and Bribery in the Chinese criminal law. The essential feature of this category of crimes is that they include the worst cases, endangering economic and political stability, where state functionaries, taking advantage of their position and power, not only illegally transfer ownership of property, but also compromise the reputation of the civil service.

Details

Journal of Money Laundering Control, vol. 4 no. 1
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 3 October 2016

Akume T. Albert and F.C. Okoli

This paper aims to assess if the Economic and Financial Crimes Commission (EFCC) has been effective in combating corruption in Nigeria from 2003-2012.

Abstract

Purpose

This paper aims to assess if the Economic and Financial Crimes Commission (EFCC) has been effective in combating corruption in Nigeria from 2003-2012.

Design/methodology/approach

The paper adopted a documentary analytical approach.

Findings

The organization has not been effective in combating corruption in Nigeria.

Research limitations/implications

The study is between 2003-2012.

Practical implications

There is a need to correct those identified inhibitors that undermined the Commission’s capacity, such as intrusive government interference, lack of autonomy, poor funding and weak laws, among others, to mitigate corruption.

Social implications

Eliminating those identified constraints will remove the incentive to be corrupt, thereby curbing the desire to be corrupt.

Originality/value

This paper is an original assessment of the EFCC's effectiveness in combating corruption in Nigeria during the specified period.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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