The UN Convention Against Corruption (2)

by Emmanuel Omoh Esiemokhai

Like the living hydra, corruption manifests in many forms. Each has a debilitating effect on “the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law.”5

We identify political corruption as a serious problem. Election mal-practices that converts the political defeat of a candidate into electoral victory is the highest form of corruption in that it robs the truly elected person, the people’s choice and delivers the fate of the people into the hands of an impostor, an election thief, who, as a result, lacks the legitimacy to govern. Since the illegitimacy of his/her ascension to office would dog such a leader during his “tenure,” he/she could resort to suppression and opposition of his critics, in both the press and civil society.6

There are forms of corruption by politicians, which lead to economic crimes like transferring ! huge sums of money abroad. Money laundering and money-launderers (banks) become partners in organized criminal activities that often undermine the sovereignty of states. Where politicians steal vast quantities of national assets, this leads inexorably to lack of sustainable development and retrogression. The governments in such states tend to engage in “endless adjustments and never-ending reforms, which portend that their economies are out of joint.”7 In such economies, there is continuous and insurmountable existence of unfairness in wealth! h distribution. The economy becomes resistant to direct investment and portfolio investment because investors do not have confidence in the ability of the corrupt government to stir and control. The state’s currency gains acceleration in the wrong direction as a result of graft.

Ethical and Professional Corruption:

There are facets of moral corruption to be located in ethical and professional conduct of officials and individuals. These persons who work in state institutions or other institution believe that “something for nothing” does not advance their personal or group interest. So, they extort monies, gifts, gratifications, indulgencies, bribes etc from their victims. These victims are helpless individuals who need to register their businesses, clear their imported goods, seek admission into colleges and universities, operate corporate enterprises etc. They are exploited by officials who receive kickbacks or receive advanced fees.

In some developed states the modus operandi is through the exploitation! of the weak, deceit, forgery, falsification of records, payment of percentages to officials in the normal course of their duties, inflation of contracts.

Some engage in fraud, embezzlement, smuggling, currency counterfeiting, blackmail or white mail, tax evasion, prostitution, incrimination, dirty tricks, false accusation, false imprisonment, extortion of confession, illegalities, conversion of public property, drug trafficking, drug addiction, nudity, abortion, human sacrifice, vandalisation of public property, assassination, killing, intimidation, group dynamics, tribalism, irredentism, domination, racism discrimination, racism, xenophobia and related intolerance, war-mongering, arson and other dubitable wrongs prevalent in human societies. Corruption has become endemic in the world. It is important to examine the root causes of corruption.

There are forms of corruption that are traceable to Godlessness, manifesting in spiritual corruption, idolatry, excessive materialism, lecherous existence, sodomy, obscenity, undue influence, fornication, ritual murders, Satanism etc. These lead to wickedness of the heart, viciousness, violence and other forms of corruption.

Stewed in hypocrisy and racist hegemonic tendencies, some people grin from ear to ear when corruption in states other than theirs is in discussion. However, when they are confronted and are asked to “cast the first stone,” they hesitate. It is always dirtier on the other side. Lack of self-criticism, arrogance, and ignorance about the frailties of man has been responsible for man’! s spiritual non-development in the last two thousand years even after Calvary and the lessons of the CROSS.

However, because to hit hard at nations, which engage in corrupt practice has a curative effect and because the power of shame is still a potent force, we shall use Nigeria as a case study. The issue of corruption in Nigeria “must be included in the national political agenda in order to check the behaviour of officials and citizens whose acts are ill-motivated and ill-defined. The debilitating effect of corruption in Nigeria has led to stagnation, frustration, desperation, purposelessness and violence. It has inflicted a revolutionary and rebellious disposition upon an otherwise talented and orderly people.8

Corruption, according to L.B Curzon, is “an inducement by means of an improper consideration to violate some duty. Corruption of public morals may be found in conduct which a jury decides to be destructive of the very fabric of society. (See Knuller Ltd. v. DPP (1972) 2All ER 898.) Also, see Prevention of Corruption Act 1916: R v. Parker (1985) 82.Cr. App. R.60.

Reasons for the Existence of Corruption:

Human beings desire social advancement. Towards this end, they strive to become rich. Some people work hard, honestly and achieve their goals. Others, who are either not-so-well endowed cut corners to achieve their objectives. In the process, they devise evil-doing, corruption and sharp practices.

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5 . United Nations Convention against Corruption. (Preamble).

6 . It is often from such truant leaders that dictators are made.

7 . Emmanuel Omoh Esiemokhai, “Beyond the Naira’s New Look”. The Guardian Newspaper (Nigeria).

8 . Emmanuel Omoh Esiemokhai, “The Philosophical and Legal Underpinnings of Nigeria’s Underdevelopment.” Paper presented at the 2005 Conference of the African Law Society in Heidelberg, Germany –2005, Conference Papers.

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