Anything that is done contrary to the
law, laid down regulations or moral codes, in order to obtain personal gain, is
corruption. Whether it is done in a private or public institution; even if it
is done in a religious or educational institution, it is corruption.
Corruption is a
considerable obstacle to economic and social development around the world. It
has negative impacts on sustainable development and particularly affects poor
communities. For companies, corruption impedes business growth, escalates costs
and poses serious legal and reputational risks. It also raises transaction
costs, undermines fair competition, impedes long-term foreign and domestic
investment, and distorts development priorities. Any action taken to eradicate
corruption is an action against corruption. That is the meaning of
anti-corruption.
Prosecution is the institution and conducting of
legal proceedings against someone in respect of a criminal charge. It is formal
proceeding in which a party exercises its legal right in a court, usually by
means of a writ.
Going by this definition, it means that for
somebody to be prosecuted, the person must have done something that the
constitution and other laws frown at in Nigeria. It also gives the accused
opportunity to speak their mind and tell their own side of the story.
Instituting legal proceeding against
someone who is accused of one form of corrupt practice or another has been the
major way anti-corruption agencies of the government handle individuals accused
of corrupt practices. However this process has not stopped people from engaging
in corruption, if anything, the anti-corruption agencies and the government
have had challenges effectively prosecuting accused persons. Here are some
reasons:
- Legal process requires proof of evidence. It is difficult to provide evidence for some corrupt practices and this limits the capacity of the prosecution.
- The judiciary has been accused of corruption. Because of the nature of some judgments delivered in the past, including evidences of compromise by legal practitioners and judicial officials, it is difficult to trust the judicial system on corruption cases.
- Provisions of our laws on corruption are too lenient to deter people from engaging in corruption.
- Prosecution presents fight against corruption as a government responsibility.
- The accused persons may get acquitted and never get punished. This could be on grounds of what legal people refer to as ‘technicalities’.
- The Police and other agencies of government have been accused of not carrying out proper investigation before taking people to the court.
- The community condones the use of illicit funds for development as a result of ignorance. Once someone gets into public office, the person is expected to bring one form of development or the other. Whether they do so from illicitly acquired wealth or not is not people’s concern. In some other cases, community members wait on such public officials to give them money, not minding if the money is legitimately earned or stolen.
Though some of the contents of the
criminal justice act 2015 are said to have empowered the judiciary better to
handle corruption cases, it is clear from the results of the current efforts in
this direction by the Buhari administration, that it is not just the lasting
option to fighting corruption.
While government continues in efforts
through its agencies and enabling laws to fight corruption, there is need to
partner development communication professionals towards including an integrated
communication strategy to handle corruption. Why this is necessary and how it
can be achieved is the focus of the second part of this article.
Talks
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