CONSTITUTIONALISING INDEPENDENT ANTI-CORRUPTION AGENCIES IN NIGERIA

Abstract

Since 1979, Nigeria’s Constitution has always mandated the government to abolish corruption (and abuse of power). The extant Constitution of 1999 which also stipulates this, generally mandates the government to establish bodies to give effect to this and other directives in the policy clause where the mandate is conferred. By 2002 and 2003, Nigeria established two agencies through Acts of the National Assembly with specific powers to tackle corruption and other official and private (financial) malfeasance. While these agencies have been quite visible and active in anti-corruption prosecution efforts, questions remain about their operational independence and funding arrangements, among other concerns. In this paper, these issues are discussed by examining relevant sections of the statutes creating the agencies. Using the context of cross-country comparison and global best practices, the paper argues for the constitutionalisation of these agencies to strengthen their effectiveness.