Corruption Offences and Penalties in Nigeria: A Critical and Comparative Analysis of the Criminal and Penal Codes Provisions
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Date
2020
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Publisher
UNIMAID Journal of Private and Property Law
Abstract
This study presents a critical evaluation of the anti-corruption
law in Nigeria; turning specifically to a comparative discussion
of the Criminal and Penal Codes provisions on corruption
offences. In Nigeria, the law reports are replete with numerous
cases where corruption offences litigations are lost due to
confusion occasioned by wrong interpretations given to certain
provisions on corruption offences. This study, therefore, analyses
corruption offences in Nigeria, with a view to drawing useful in
sights in order to provide better guidance to the courts, lawyers
and laymen in understanding the distinguishing features of some
of the corruption offences. The study adopted the doctrinal
methodology, and thus focused on the lex lata (the law as it
exists) of the offences of corruption as opposed to the lex ferenda
(what the law should be) and identifies bribery and fraud as
major among corruption offences created under the two codes.
The legal elements of the offences discussed are clearly spelt out.
The study found certain provisions to be obsolete, ambiguous,
and non-responsive to advancement in the society and new trends
of corrupt practices. Drawing from the analyses provided, the
study arrived at a set of recommendations, including that the two
codes should be imbued with legal mechanism capable of
preventing commission of corruption offences and provisions for
restitution and forfeiture.
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Keywords
Corruption, Bribery, Fraud, Criminal Code, Penal Code