Law & Human Rights

January 4, 2017

Legal practitioners’ role in effective implementation of anti-corruption laws

Legal practitioners’ role in effective implementation of anti-corruption laws

Layi Babatunde, SAN

By Layi Babatunde SAN

What is Corruption? It is important for us in this lecture, to attempt to search for an idea of what corruption is all about. This of course, will be an attempt rather than a full-fledged adventure. The Chambers Thesaurus is helpful to us here. It sees corruption from the mirror of immorality. It also classifies it as a noun. It states that corruption means:

Immorality, unscrupulousness, impurity, depravity, degeneration, degradation, perversion, debauchery, abuse, distortion, dishonesty, fraud, bribery, subornation, extortion, sharp practice, vice, wickedness, iniquity, evil, criminality, villainy, contamination, pollution, rottenness; Nam graft. In its colloquial sense, it means: Wheeling and dealing, crookedness, shadiness, sleaze (Underling supplied)

Colin Nicholls QC, Tim Daniel, Martin Polaine and John Hatchard in their leading work: “Corruption and Misuse of Public Office” explain that:

The word ‘corruption is derived from the Latin word ‘corruptus meaning to break. Its derivation emphasizes the destructive effect of corruption on the fabric of society and the fact that its popular meaning encompasses all those situations where agents and public officers break the confidence entrusted to them.

Layi Babatunde, SAN

The Oxford English Dictionary, defines corruption as the ‘perversion or destruction of integrity in the discharge of public duties by bribery or favour; the use or existence of corrupt practices, especially in a state, public corporation etc. It defines the adjective ‘corrupt as ‘perverted from uprightness and fidelity in the discharge of duty; influenced by bribery of the like; venal. It defines the verb ‘corrupt in a similar way, except that it extends it to any duties, ‘public or not, and offers a further definition: ‘to induce to act dishonestly or unfaithfully, to make venal; to bribe. It defines the verb ‘bribe as ‘to influence corruptly, by a reward or consideration, the action of (a person), to pervert the judgment or corrupt the conduct by a gift. (Underling supplied)

These definitions correctly emphasize the essence of corruption in its legal sense, which is the inducement to show favour, rather than showing of the favour itself. They also demonstrate the use of the word to cover acts other than what is popularly termed bribery. The restriction of the definition of ‘corruption to ‘public duties no longer reflect the state of English law, or of the most modern states. The absence of the restriction in the definition of the verb ‘corrupt, reflects the extension of corruption to include all persons who are induced to act corruptly, whether in the discharge of public duties or otherwise. The fact that the restriction appears in one definition and is omitted from the other indicates a tendency, even in modern times, to restrict the use of the word to the acts of public officials, having regard to the public nature of the crime and the gravity of its consequences.

2.1.1 Types of Corruption: The United Nations, at a special conference held in Berlin, Germany on Countering Corruption as a prerequisite for reducing poverty, attempted to define corruption. In addition, the conference noted that there are variants of corruption.

Variants of corruption

The major types identified are listed below.

  1. a) Grand Corruption: Grand Corruption is an act of corruption at high levels of government that distorts policies and the functioning of a state. It enables high ranking officials to exploit the general public for personal profit.
  2. b) Petty Corruption: Petty Corruption refers to the corruption of mid- and low-level officials in their interactions with a citizen. These citizens are often attempting to access goods and basic services such as schools, hospitals, and police departments.
  3. c) Collusion: Collusion is a cooperation or secret agreement for a deceitful and illegal purpose.
  4. d) Tied Aid: Tied Aid is aid, usually of financial nature, given to an individual or party under the condition that all or part of the aid is used to purchase goods for the person or party.
  5. e) Coercion: Coercion is the act of making an individual or party comply with demands by using threats or force.

f)Institutional Corruption: Institutional corruption is essentially official corruption. This is because it is the corruption committed by officials of government institutions like ministries, departments and agencies. This type of corruption is fuelled by lack of strict supervision and control over public officials entrusted with providing services to members of the public. The officials exploit the weak system of control to swindle those they are meant to serve by asking for gratification for services or by making services and public amenities unreachable unless their hands are greased. Those who indulge in this type of corruption, range from junior, middle level and senior officials. Having tasted the forbidden fruit, such officials pray and wait for opportunity to be appointed or promoted to the headship of ministries, departments, parastatals or agencies to upgrade to grand corruption.

To be continued…