Corruption is a vice that has permeated every aspect of our national life. But there is a tendency, even amongst the elite, to regard corruption only in terms of financial gratification. If we give that restrictive meaning to corruption, then we run the hazard of being myopic to so many other objectionable behaviours in our public and private lives that still fall within the category of the worst form of corruption. It is in the light of the above that we must give a very elastic definition of corruption.

Black’s Law Dictionary defines corruption as follows:

"Corruption-

1. Depravity, perversion or taint, an impairment of integrity, virtue or moral principle; especially, the impairment of a public official’s duties by bribery.

The word ‘corruption’ indicates impurity or debasement and when found in the criminal law it means depravity or gross impropriety. Rollin M. Perkins & Ronald N. Boyce, Criminal Law 855 (3d ed. 1982).

2. The act of doing something with an intent to give some advantage inconsistent with official duty and the rights of others; a fiduciary’s or official’s use of a station or office to procure some benefit either personally or for someone else, contrary to the rights of others."

The definition is elastic enough to cover corrupt practices both in public and private lives. Although the main concern in the fight against corruption in Nigeria is woven around corruption in public offices, the fight and concern must necessarily include corrupt practices in private life that have the capacity to affect the national psyche.

As a result of this encompassing definition we have given to corruption, it includes the government official who gives a contract or a job opportunity to someone who is less qualified than another because of consanguineous relationship or friendship; it includes the public servant who processes and forwards the file of anyone who submits an application of any sort later than others who would have been waiting for approval of that particular application. Recently, there was an inquiry in Britain when it was alleged that a minister helped to fast-forward the application for visa of a friend; it includes the journalist working for a private media outfit who collects money from a public servant who has committed an obvious wrong against the laws of the land or against the people of Nigeria and buries the story; it includes the private lawyer who collects money from a public officer and begins to misinterpret the law in public to suit the whims of the public officer; it includes the private engineer that supplies sub-standard materials to execute a public or private job and then put the lives of millions in danger; it includes the artisan who over-quotes the items he needs to buy to carry out a small maintenance just to make extra money on the side – in fact, it includes so many other objectionable behaviours.

Recently, Transparency International announced that Nigeria has slightly improved in the world rating of the most corrupt countries, but the position we find ourselves is still nothing to be proud of.

In fact, there is no judgment in the history of the Supreme Court where a full panel of the highest court of the land, poured out their minds on the issue of corruption than in the case of A.G, Ondo State V. A.G Federation, (2002) 9 NWLR (Part 772) 222.

UWAIS, C.J.N at P.506, said as follows:

"Corruption is not a disease which afflicts public officers alone but society as a whole. If it is therefore to be eradicated effectively, the solution to it must be pervasive to cover every segment of the society."

Ogwuegbu, J.S.C, at 337-339 said as follows;

"Corrupt practices and abuse of power can, if not checked, threaten the peace, order and good government of the Federation or any part thereof….If these were the only consequences of corruption, it would not have been so threatening. The deadly threat is the effect on the economy of the country with the attendant inflation and lack of control on the monetary and fiscal policies of the government."

Mohammed, J.S.C at page 347-348 said:

"It is quite plain that the issue of corruption in Nigerian society has gone beyond our borders. It is no more a local affair. It is a national malaise which must be tackled by the government of the Federal Republic. The disastrous consequences of the evil practice of corruption has taken this nation into the list of the most corrupt nations on earth."

And then, adopting the brief of Chief Afe Babalola, Uwaifo, J.S.C, said as follows:

"In the past 20 years, the pervasiveness of corruption in all its ramifications has assumed renewed dimensions of cancerous proportions in Nigeria, to the extent that the Germany-based Transparency International, a respected independent universal non-governmental organisation, ranked Nigeria in the unenviable position of being the most corrupt nation in the world for a consecutive period of more than 7 years. The unpleasant news was published in all national newspapers in Nigeria……

National newspapers are filled with stories of looted money stashed in foreign banks. The stolen resources, lost by Nigeria through endemic corruption and abuse of office have had inimical effect on the economy of the country. First, is the issue of inflation and its pressuring effect on the economy as a result of irregular distortions in economic indices and lack of control on monetary and fiscal policy engendered by the availability of such funds of massive proportions outside normal economic activity. Secondly, the inflationary trends had the effect of lowering living standards to stupendous proportions such that what is known as the ‘Middle Class’ was virtually wiped out, so that what hitherto were basic necessities of life became luxuries…...

All these stark statistics are induced by all means in no small measure, by illicit capital fight engendered by corruption.

The crisis which endemic corruption has triggered off in Nigeria, certainly poses exceptional peril to the economic, social and political stability, the National interest and integrity of the Nigeria nation. This, no doubt, goes beyond local and state concern. The eradication of corruption is therefore a National one, as the perilous effect touches and affects every Nigerian regardless of tribe, religion and state of origin. Indeed, a Nigerian is not known or linked to a state of origin outside Nigeria."

The urgent need to tackle this menace is underscored in this brilliant and land mark judgment. The passionate, no-nonsense manner with which this judgment was written tells us that as a foundation, we must all develop a certain passionate hatred for corruption (and not see it as a way of life) for us to win the fight against corruption. In Europe and the United States, anyone who makes a racial comment instantly becomes a social outcast. That is the kind of passion those societies have developed against racial segregation. It is the same level of passionate hatred we need to develop against the cankerworm of corruption.

It is therefore not a bad idea to include anti-corruption as part of the curriculum in primary and secondary schools in Nigeria, so that our children can grow up hating the menace by nature. They should be taught why it is wrong to bend the rules to favour those who do not deserve the favour and the effect on the overall society. Many children who are taught the tenets of Christianity from birth grow up to be passionate Christians, despite the moral debauchery in society. That is the kind of things we need bring into the crusade against corruption.

In terms of the provisions of law, there is an urgent need to insulate anti-corruption agencies from political control and influence.

In terms of influence and control, appointment into offices is key to determine where loyalty lies. It is curious that the main thrust of the anti-corruption crusade centres around those either appointed by the President or who belong to the majority party of the President, yet it is expected that the President must appoint the head of the anti-corruption agencies or the National Assembly must consent to their appointments. They would also, by law, report to the Attorney-General of the Federation, who is also appointed by the President. Therefore, it is safe to conclude that any probe can only see the light of the day if the President only wished it to be so.

For instance, Section 2 (3) of the Economic and Financial Crimes Commission Act states as follows:

"The Chairman and members of the Commission other than ex officio members shall be appointed by the President and the appointment shall be subject to confirmation by Senate."

Also, Section 3 (6) of the Corrupt Practices and Other Related Offences Act states as follows:

"The Chairman and members of the Commission who shall be person of proven integrity shall be appointed by the Chief Justice of Nigeria upon advice of the National Judicial Council subject to the confirmation by the Senate."

How can these heads of anti-corruption agencies function effectively when they owe some gratitude to politicians who must have influenced their appointments? There is urgent need to review this part of our law.

Having developed the passion to fight corruption, and having insulated the agencies from political control, a level of financial independence is also needed in the fight against corruption. Corruption is a huge racket that involves huge money. You cannot pair a 60kg lightweight champion in a contest with a world heavy-weight champion and expect the light-weight to win. Similarly, you cannot combat those with huge ill-gotten resources, with meagre resources. As such, the fight against corruption must be well-funded. It is not practicable to put those who cannot take care of themselves or their families in charge of bringing to justice those who can write off all their problems in one fell swoop. The officers must be well paid and their conditions of service must be excellent. Similarly, there must be maximum logistics provided to carry out investigations. No part of the world must be too far or too expensive to go to collect evidence.

But most importantly, just like the judiciary, the anti-corruption agencies should have their funds paid directly from the Consolidated Revenue Fund, and not to be subject to handouts from the executives. If that is not done, it will be very easy for the executives to starve the agencies of funds to probe the activities of the Executive itself.

The courts also have a crucial role to play in the anti-corruption crusade. This is because, it is the final arbiter to decide the guilt or otherwise of those who run foul of the law of the land and to hand out the punishment they deserve when found guilty. If all the anti-corruption war does not end in convictions by the courts and seizure and recovery of stolen properties by the courts, then all the efforts would have been wasted. No lesson would have been learnt. But the courts, as presently constituted, are bogged down by a number of problems, so that speedy trial of suspects is not guaranteed. Justice delayed is justice denied.

In particular, corruption cases need no delay. This is because, the ill-gotten wealth may gradually dwindle and disappear and there would be nothing to recover at the end of the day. This is without prejudice to the provision regarding interim forfeiture of property. But those are the properties that can easily be traced in the interim. Apart from the properties, witnesses may die or go out of reach or lose their memories of events. They may be open to influence from rich suspects when they run into financial difficulties and so on.

Our general court system must function effectively. It is not always the ideal to begin to get specialised courts on everything. That would be a tacit admission of the failure of the system.

However, as an interim measure, and because of the urgent need to punish corrupt offenders to act as a deterrent to others, the proposal to set up the Economic and Financial Crimes Court must be seriously considered. This will make disposal of cases quicker and will save the nation the embarrassment of corrupt suspects flouting their wealth for all to see whilst standing trial for corruption.

But while we all put up a collective fight to stamp out corruption, the government must make conscious efforts to improve the economy and consequently the lives of the people. This is because no matter the dangers or traps you lay in front of a hungry man to get food, he would defy all the risks and dangers to lay his hands on the food.

There is a saying that, ‘man must wack’.

Keyamo is a principal partner of Festus Keyamo chambers.