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1 – 10 of 482The purpose of this paper is to diagnostically explore the phenomenon of judicial corruption in Nigeria, its causative factors and generate strategies such as sonic therapeutic…
Abstract
Purpose
The purpose of this paper is to diagnostically explore the phenomenon of judicial corruption in Nigeria, its causative factors and generate strategies such as sonic therapeutic intervention, among others, that would facilitate an amelioration of the situation. The judiciary which is supposed to be last hope of justice for the Nigerian citizenry has been proven beyond reasonable doubt to have been infected with the virus of corruption, and therefore, an urgent call for action to rectify the situation is imperative.
Design/methodology/approach
The study uses a qualitative approach rooted in case study tradition.
Findings
The findings showed that power and testosterone, cheating proclivity, family pressure, qualitative passion and ignorance, low self-control, inordinate kleptocratic desire, unrestrained mind and sensory modalities, phenomenological mindset and identity crisis as endogenous contributive factors of judicial corruption in Nigeria.
Research limitations/implications
The limitation of the study stemmed from the fact that inasmuch as a perception of corruption and corruption are cultural phenomena, the study results cannot be generalizable.
Practical implications
The practical implication of the research is rooted in the fact that the Nigerian judiciary can gain from the study results and recommendation(s) if implemented without fear or favor for the overall renewal of the judiciary and the nation at large.
Social implications
The study is geared toward ameliorating the Nigerian corrupt judiciary or repositioning the judiciary on its pivotal dignity, and hence, its social implication cannot be overemphasized inasmuch as a positive social change would prevail if the study results and recommendation(s) are aligned with and implemented.
Originality/value
Inquiry on judicial corruption through the lens of qualitative research with Nigeria as a case study is highly understudied, and hence, this research fills the gap in the financial crime literature.
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Habeeb Abdulrauf Salihu and Hossein Gholami
The purpose of this study is to examine corruption in the Nigeria judicial system, the implications on justice administration and the fight against corruption in the country, and…
Abstract
Purpose
The purpose of this study is to examine corruption in the Nigeria judicial system, the implications on justice administration and the fight against corruption in the country, and proffer recommendations on ways to eradicate corruption in the system.
Design/methodology/approach
This paper is essentially a desk research with reliance on secondary source of data in published outlets such as journal articles, online articles and books.
Findings
There is prevalence of corruption in the judicial system, and it is one the obstacles hindering the fight against corruption in the country.
Originality/value
Its scope is limited to issue and content analysis of judicial corruption in Nigeria.
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This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial…
Abstract
Purpose
This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.
Design/methodology/approach
The article draws on legal and political theory as well as comparative law perspectives.
Findings
The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.
Practical implications
Effective judicial mediation of political transition requires a transformed and accountable judiciary.
Originality/value
The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.
Olatunde Julius Otusanya and Sarah G. Lauwo
“Corrupt practices” is a recurring feature of media coverage. The paper seeks to encourage debates about the influence of institutional structures on agency to break away from…
Abstract
Purpose
“Corrupt practices” is a recurring feature of media coverage. The paper seeks to encourage debates about the influence of institutional structures on agency to break away from methodological individualism. This paper aims to encourage reflections on the role of both the structures and actors which have shaped the continuous expansion of corrupt practices in Nigeria.
Design/methodology/approach
Whilst recognising that deviant behaviour by some individuals is always possible, this paper has rejected methodological individualism and shows the value of locating anti-social practices within the broader socio-political and historical context. Within a socio-political framework, this study adopts the theories of critical realism, developmental state and globalisation to understand the relationship between social agency and society, focusing upon the institutional structures and the role of social actors.
Findings
The evidence shows that socio-political and economic development, politics, power, history and globalisation have continued to reproduce and transform the institutional structures and actors which have facilitated anti-social practices in Nigeria. The paper concludes that large sums of government revenue have been undermined by the anti-social practices of the Nigerian political and economic elite (both local and international), which have enriched a few, but impoverished most, Nigerians.
Practical implications
As a consequence of recurring corrupt practices in Nigeria, there is a pressing need for reform to curb these practices which have had, and continue to have, a serious effect on Nigeria and its future development.
Originality/value
It provides a framework for understanding and explaining the inter-relations of actors and institutional structures and the linkages and influences that have shaped the practices in Nigeria.
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The purpose of this paper is to investigate the influence of the rule of law, corporate governance and freedom of expression on the effectiveness of whistleblowing initiatives…
Abstract
Purpose
The purpose of this paper is to investigate the influence of the rule of law, corporate governance and freedom of expression on the effectiveness of whistleblowing initiatives. This study interrogates the effectiveness of whistleblowing as a tool in combating economic and financial crimes, in political and corporate environments where good governance and the rule of law are firmly established and enforceable and where defamation is decriminalised.
Design/methodology/approach
The author conducted a comprehensive review of relevant textbooks, focusing on legal theories and concepts related to the research topic. This study analysed scholarly journal articles to gain insights into the current debates and research gaps. The author discussed seminal court decisions that have influenced the legal landscape pertaining to the research topic and reviewed newspaper publications to understand public opinion and societal implications related to the research topic.
Findings
To ensure effective whistleblowing as a tool of gathering information in combating economic and financial crime, good governance must be promoted, supremacy of law must be upheld, freedom of expression must be safeguarded and defamation must be criminalised.
Originality/value
This paper addresses a significant gap in the literature by examining the impact of criminal libel on whistleblowing, an area that has received limited attention in previous studies. The findings of this study have significant implications for policymakers, as they shed light on importance of the rule of law, good governance, freedom of speech and decriminalisation of defamation on effective implementation of an effective whistleblowing laws and policies.
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Ibrahim Umar, Rose Shamsiah Samsudin and Mudzamir bn Mohamed
The purpose of this paper is to appraise the Nigerian Economic and Financial Crimes Commission (EFCC) of their role in tackling systemic corruptions and to associate how…
Abstract
Purpose
The purpose of this paper is to appraise the Nigerian Economic and Financial Crimes Commission (EFCC) of their role in tackling systemic corruptions and to associate how institutional and organizational factors influence the performance of the EFCC.
Design/methodology/approach
Data were gathered through in-depth interviews, non-participatory observations and documentary analysis.
Findings
The results of the integrative analysis show that the EFCC has apparently been ineffective, and further improvization of the organization is needed. Poor performance of the EFCC was associated with factors such as lack of commitment, inefficient judiciary, insufficient budgets and incompetent personnel.
Practical implications
This study recommends further improvements in the form of a greater political will, improved legal process and also elevated budgetary funds and recruitment of personnel to the EFCC.
Originality/value
The study adopted a descriptive, qualitative case study approach to describe the current state of the EFCC in Nigeria.
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In its fight against money laundering involving politically exposed persons (PEPs), the Economic and Financial Crimes Commission (EFCC) has the dual mandate of maintaining…
Abstract
Purpose
In its fight against money laundering involving politically exposed persons (PEPs), the Economic and Financial Crimes Commission (EFCC) has the dual mandate of maintaining equilibrium between two fundamental, but sharply contradictory objectives: establishing guilt beyond a reasonable doubt, and responding to the policy imperative of nipping corruption in the bud through a pro-active involvement in preventative measures. This paper contends that as a result of the tension between these two divergent ends, the agency has found itself the spider in a cobweb of legalism designed by its adversaries to stymie its operations. Furthermore, and as a matter of priority, the paper calls for a major rethink of the appropriateness of criminal jurisdiction in the prosecution of financial crimes in Nigeria and elsewhere in Africa. The paper aims to discuss these issues.
Design/methodology/approach
Case study and textual analysis of literature.
Findings
Civil jurisdiction of extracting the proceeds of the criminal activities of PEPs provides a better mode of deterrence than any criminal sanction could hope to achieve.
Originality/value
Creative in deciphering a major root cause of the ineffectiveness of criminal sanction as an anti-corruption weapon.
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Akintayo Opawole and Godwin Onajite Jagboro
Notwithstanding the remarkable market potential of the Nigerian economy for private investment, the current sociopolitical characteristics had necessitated a careful assessment to…
Abstract
Purpose
Notwithstanding the remarkable market potential of the Nigerian economy for private investment, the current sociopolitical characteristics had necessitated a careful assessment to inform decisions in long-term investments. The purpose of this paper is therefore to evaluate the success factors that have a specific influence on private party’s performance in concession contracts in Nigeria.
Design/methodology/approach
Respondents involved in the study were participants in concession-based contracts in Southwestern Nigeria that included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. These were selected using random and respondent-driven sampling (RDS) approaches. The research instrument adopted was a questionnaire that enlisted questions which were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to collected data. The highest significant factors were identified through the relative significance index (RSI). By exploring factor analysis, the factors were condensed for discussion under appropriate component headings. The value of Kaiser–Meyer–Olkin (KMO, 0.755) measure of sampling adequacy tests carried out showed that the data collected were adequate for the factor analysis, and the Bartlett’s test of sphericity (χ2 = 1,799.339; df = 630; p < 0.001) was highly significant.
Findings
Factors influencing private party performance clustered under eight components, namely, technical, market maturity, political, legal, finance, procurement, incentive and regulation. However, component items including level of understanding of public–private alliance transactions, stability of exchange rate and provisions for reversion of policies were found to be highly significant. On the other hand, status of domestication and implementation of international laws/codes, predictability in legal regime and enforcement and extent of jurisdictional definition of land usage were least significant.
Originality/value
Findings would guide private investors in the preparation of robust investment packages that reduce risks and seemingly unavoidable opportunistic tendencies associated with public–private partnership projects in developing economies.
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Olusola Joshua Olujobi and Ebenezer Tunde Yebisi
This study aims to investigate the Federal Government’s failure to combat money laundering and terrorism financing and the various hurdles to enforce the Money Laundering…
Abstract
Purpose
This study aims to investigate the Federal Government’s failure to combat money laundering and terrorism financing and the various hurdles to enforce the Money Laundering (Prohibition) Act, 2012 (as amended), effectively, which prohibits illegal earnings criminally induced investments in and out of Nigeria. This has had an impact on the country’s economic potential and its image in the international community. Despite many anti-corruption laws criminalising money laundering and terrorism financing, it is rated among the nations with the highest poverty index despite its immense natural resources.
Design/methodology/approach
This study uses a conceptual legal method to help a doctrinal library-based investigation by using existing material. This study also makes use of main and secondary legislation, such as the Constitution, the Money Laundering (Prohibition) (Amended) Act 2012 and the Terrorism (Prevention) Act 2013 (as amended), as well as case law, international conventions, textbooks and peer-reviewed publications. A comparison of anti-money laundering legislation in Canada, the UK, Hong Kong, China and Nigeria was conducted, with lessons learned for Nigeria’s anti-money laundering and anti-terrorism financing laws. According to the findings, the Act is silent on the criminal use of legitimate earnings to fund terrorism and cultism.
Findings
There is no well-defined legal framework for asset recovery and confiscation. In Nigeria’s legal system, this evident void must be addressed immediately. To supplement existing efforts to prevent money laundering, the research develops a hybrid model that incorporates the inputs of government representatives and civil society organisations. This study suggests a complete revision of the Act to eliminate ambiguity and focus on the goals of global anti-money laundering and anti-terrorist funding restrictions.
Research limitations/implications
One of the limitations of this study is the paucity of literature and data on money laundering and terrorist financing in Nigeria due to the secrecy around the crimes, which do not give room for the collection of statistical data and due to the transactional nature of the crimes. This is not to submit that no attempts have been made in the past or recent times to quantify the global value of money laundering and its effects on Nigeria’s economy. Such attempts have been inconclusive and inaccurate.
Practical implications
The dearth of records on the magnitude of money laundering in Nigeria has limited generalising the research findings due to the limited access to some required information. However, this study is suitable for adoption in other sectors of the economy in dealing with clandestineness in money laundering and terrorism financing. Future researchers are commended to use the quantitative assessment method to appraise the effects of money laundering and terrorist financing laws and policies in Africa to supplement the current literature in the field.
Originality/value
The research develops a hybrid model that incorporates the inputs of government representatives and civil society organisations. This study suggests a complete revision of the Act to eliminate ambiguity and focus on the goals of global anti-money laundering and anti-terrorist funding restrictions.
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The purpose of this paper is to assess the ethnicisation of corruption in Nigeria. This paper examines the role of ethnicity in promoting corruption, the impact of ethnicity on…
Abstract
Purpose
The purpose of this paper is to assess the ethnicisation of corruption in Nigeria. This paper examines the role of ethnicity in promoting corruption, the impact of ethnicity on corruption and the challenge it poses for its combat.
Design/methodology/approach
The study uses descriptive analysis and evidence-based research.
Findings
The paper found evidence that corruption was deeply rooted in various ethnic groups that people Nigeria, and this is the major factor militating against measures to combat it. The findings are relevant for understanding the dynamics of corruption and strategies to combat it.
Originality/value
The paper’s uniqueness is its departure from the overly researched problems, consequences and causes of corruption to a new area of linking ethnicity to the virulent nature of corruption in Nigeria. It shows a number of evidences of ethnic dimension to corruption escalation in the country.
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