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Article
Publication date: 1 January 2006

Nlerum S. Okogbule

To examine the adequacy or otherwise of the existing legal and institutional mechanisms for combating corruption in Nigeria and suggest useful strategies for achieving this.

1304

Abstract

Purpose

To examine the adequacy or otherwise of the existing legal and institutional mechanisms for combating corruption in Nigeria and suggest useful strategies for achieving this.

Design/methodology/approach

The pre‐existing statutory enactments, the Criminal and Penal Codes governing corruption in Nigeria were examined to assess their effectiveness in dealing with the crime of corruption. In addition, the two main enactments under the present civilian administration dealing with corruption, namely, the Corrupt Practices and other Related Offences Act, 2000 and the Economic and Financial Crimes Commission Act, 2004 were also X‐rayed.

Findings

It was found that the earlier statutory enactments have proved ineffective in combating corruption in contemporary Nigeria, hence the enactment of the Corrupt Practices and other Related Offences Act, 2000 and the Economic and Financial Crimes Commission Act, 2004, with the objective of dealing with various aspects of corruption.

Practical implications

The implication of this finding is that to be effective, legislative measures to tackle corruption must take cognizance of the multifarious nature of the menace coupled with the requisite political will to enforce the provisions of such statutory enactments.

Originality/value

The paper demonstrates the great benefit of the use of additional legislative measures in tackling corruption in Nigeria. It suggests the strengthening of these mechanisms and a re‐orientation of social values as the best strategy for dealing with the corruption virus in the country.

Details

Journal of Financial Crime, vol. 13 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 9 January 2007

Nlerum S. Okogbule

This paper aims to examine the interface between official corruption and money laundering in Nigeria and suggest ways of curbing these crimes.

1053

Abstract

Purpose

This paper aims to examine the interface between official corruption and money laundering in Nigeria and suggest ways of curbing these crimes.

Design/methodology/approach

The relevant laws dealing with these offences were examined to assess the adequacy or otherwise of the statutory provisions. The key provisions of the Criminal and Penal Codes were discussed in addition to the new enactments dealing with these crimes, namely, the Independent Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Act, the Money Laundering Act as well as the Code of Conduct Bureau and Tribunal provided for in the 1999 Constitution.

Findings

It was found that these recent enactments have gone much further than the earlier provisions dealing with these crimes. They contain some far‐reaching innovations such as the provision for the appointment of an Independent Counsel to investigate allegations of corruption against the president, vice president, governors and deputy governors. It was also found that a number of problems could, if not properly handled, hinder the effective enforcement of these enactments.

Practical implications

The implication of these findings is that the aforesaid statutory provisions can only be effective if the identified problems of enforcement are adequately tackled and the monitoring mechanism strengthened.

Originality/value

The paper demonstrates in a unique manner, the close relationship that exists between official corruption and money laundering and suggests a fundamental re‐structuring of the social and economic basis of the Nigerian society to minimize the temptation by public officers to engage in official corruption and money laundering.

Details

Journal of Financial Crime, vol. 14 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 23 October 2007

Nlerum S. Okogbule

The purpose of this paper is to examine the regulatory mechanisms adopted by two African countries, Nigeria and Zambia, in dealing with money laundering in their countries and to…

913

Abstract

Purpose

The purpose of this paper is to examine the regulatory mechanisms adopted by two African countries, Nigeria and Zambia, in dealing with money laundering in their countries and to suggest ways of enhancing the effectiveness of these mechanisms to serve as veritable models for other African states.

Design/methodology/approach

The relevant laws enacted by these states in their efforts to tackle this crime were examined to assess their adequacy or otherwise in this direction. The key provisions of these enactments, namely, the Nigerian Money Laundering Prohibition Act, 2004 and the Zambian Prohibition and Prevention of Money Laundering Act, 2001, were discussed and the similarities and dissimilarities in both enactments highlighted.

Findings

It was found that these enactments have provided the requisite regulatory framework for dealing with this crime in these countries. In particular, both enactments contain novel provisions such as prohibition on cash transactions involving large sums of money, forfeiture of assets obtained from money‐laundering transactions, etc. It was also found that, although enacted three years earlier, in 2001, the Zambian enactment is more comprehensive and forward‐looking than the Nigerian Act, which was enacted in 2004, as the former provides for the establishment of an investigation unit within the Anti‐Money Laundering Authority, provisions that are absent in the Nigerian enactment.

Practical implications

The implication of this finding is that African states must adopt strict and stringent measures to enhance the enforcement of Money Laundering Laws, with the regulatory mechanisms, which were put in place by these countries in tackling the menace, serving as veritable guideposts.

Originality/value

The paper demonstrates, in a special way, the steps taken by two African states, Nigeria and Zambia, in dealing with money laundering and suggests that, if other states utilize these measures, it will go a long way in improving their capability in the fight against money laundering. It finally suggests proper co‐operation and collaboration between African states to make the fight more meaningful.

Details

Journal of Money Laundering Control, vol. 10 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

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