FRAGMENTING ANTI-CORRUPTION AGENCIES: AN ASSESSMENT OF THE EMERGENCE OF STATE-BASED ANTI-CORRUPTION AGENCIES IN NIGERIA

Abstract

Following international legal provisions, anti-corruption agencies (ACAs) have been touted as one of the strategicmeasures of combating corruption. For many years, the Economic and Financial Crimes Commission (EFCC) and theIndependent Corrupt Practices and Other Related Offences Commission (ICPC) have been the principal ACAs withcentralised operations in Nigeria. Recent development shows the decentralisation of anti-corruption measures by Stategovernment through the creation of state ACAs. In 2008, Kano State established the State Public Complaints and Anti-Corruption Commission and recently, Oyo and Lagos State governments, also established their own anti-corruptionagencies. Clearly, it is settled law that States have the constitutional duty to combat corruption as much as the federalgovernment. However, the move towards proliferation of ACAs may have significant implications on anti-corruptionefforts. This paper is a desktop study which examines the fragmentation of anti-corruption agencies in Nigeria by theStates and the legal implications from operational and pragmatic perspectives. Although, States have constitutionallyentrenched legislative autonomy over corruption matters, it is not exclusive of the federal government’s legislativepowers. Consequently, there must be co-ordinated and concerted efforts against corruption at all levels. It is arguablethat the principal ACAs operate through their zones in order to adequately cover the federation hence, the need forState-based anti-corruption institutions may be questioned. However, the pervasiveness of corruption in Nigeriademands such magnitude of concerted effort to combat it. This paper concludes that while State ACAs are constitutionaland probably needful, there must be clear provisions on the co-ordination of their functions and powers in relations toexisting principal ACAs so that they act in a complementary manner, else they become political tools replicated by Stategovernments.