Corruption has been
established severally as a profound problem on Nigeria’s path to progress and
development. Former President Muhammadu Buhari, even though he did not
demonstrate adequate will in the fight against corruption, recognised this
fact, in submitting that we must kill corruption before it kills Nigeria. Apart
from Nigeria’s retrogressive performance in the Transparency International’s
corruption rankings, a 2024 Nation-wide Corruption Survey by 1,500 Nigerians
which culminated in a recent publication, Nigeria
Corruption Perception Data, shows the prevalence of corruption within the three arms of government, three
levels of governance and the three sectors of society: public, private, and
social sectors. My findings from the survey corroborated my long held argument that Corruption and Leadership Deficit are
the major bane of Nigeria, and that without concrete incremental efforts
towards addressing corruption, meaningful human development and utmost freedom
would remain elusive.
Not many
Countries explicitly have anti-corruption written into their respective
constitutions. Our laws and constitution are not oblivious to the devastating
effects of corruption, hence the intentions to address issues of corruption. Section
98(I) of the Criminal Code provides that any Public officer who is found guilty
of corruption is guilty of a felony and is liable to seven years'
imprisonment. Section 15 (5) of the 1999 constitution, as amended, stated
that, “The state shall abolish all corrupt practices and abuse of power.”
Similarly, Section 23 of the constitution provides for a National Ethics which
shall be discipline, integrity, dignity of labour, Social Justice, religious
tolerance, self-reliance, and patriotism. The NBA, leading by example, can
provide some inspiration for the Judiciary, the Legislature, and Executives on
the need for real commitments and will in the fight against corruption. However,
Governments in Nigeria, since 1999, have paid different levels of lip service
and actions towards reducing corruption in Nigeria.
Not only is
there a constitutional injunction to address corruption, it is known that there
is also an inverse relationship between corruption and the rule of law. So, it
is a welcome development that the Nigerian Bar Association has recently
commenced showing interest in contributing to anti-corruption in Nigeria. Tackling
corruption successfully is to enhance the rule of law, the NBA’s guiding motto.
A failure in mitigating and addressing the scourge of corruption is to create a
situation of disregard for the rule of law.
The NBA, under
the current leadership of Mazi Afam Osigwe, SAN, should be supported in its
efforts against corruption. At its recent NEC meeting, the Nigerian Bar
Association (NBA), following the recommendation of its National Anti-Corruption
Committee, unanimously resolved to establish Branch-Level Anti-Corruption Committees
across all 130 branches, working in synergy with the National Committee,
chaired by Prof. Babafemi A. Badejo.
Matching
his words and commitment with actions, the NBA President has charged all the
130 NBA branch Chairmen to constitute branch-level Anti-Corruption Committees.
In his communication, the NBA President stated:
I am directing all Branch Chairmen to take
immediate steps to constitute
their respective Branch-level Anti-Corruption Committees. These committees will
work in strategic alignment with the National Anti-Corruption Committee,
chaired by Prof. Babafemi A. Badejo, to achieve the broader objectives stated
in the following Terms of Reference that my office had charged the National
Anti-Corruption Committee with:
1.
Investigating and
addressing complaints of corruption and unethical conduct
within the legal profession;
2.
Collaborating with
anti-corruption agencies, civil society organisations, and other
stakeholders;
3.
Developing and promoting
policies and initiatives that foster transparency and
accountability;
4.
Organising sensitisation
campaigns, training programs, and workshops on anti-corruption laws and ethical
best practices;
5.
Providing legal support
for whistleblowers and victims of corruption; and
6.
Undertaking any
additional assignments as directed by the President or NEC.
The NBA
presidential directive from Mazi Afam Osigwe, SAN, is a commendable and decisive institutional
move from the NBA. Indeed, “a clarion call for moral leadership and
institutional renewal,” in the words of the NBA President. The NBA, at this point, cannot afford
to be euphemistic, diplomatic, or act in denial against the monster of
corruption that has become life-choking.
The NBA must
not sit idly, hoping that false patriotism or miracles will solve a problem that
our collective actions, courage, resolve, and accountability must address. This
renewed effort reflects our belief in the efficacy of the Rule of Law,
Integrity, Excellence, and Courage, as reflected in Nigeria’s Constitution and the
NBA’s Vision, Values, and Motto. The national focus on anti-corruption should,
in addition to other institutional arrangements, be on the NBA’s structured
efforts on anti-corruption as a way of promoting the rule of law.
*Prof. Babafemi A. Badejo was a
former Deputy Special Representative of the UN Secretary-General for Somalia, a
former Professor of Political Science and International Relations at Chrisland
University, Abeokuta, and currently a Legal Practitioner and Chairman of the
NBA National Anti-Corruption Committee is the 2025 Nelson Mandela Distinguished
Africanist Awardee, by the African Annual Conference at the University of Texas
at Austin.
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