EVALUATION OF THE PERFORMANCE OF ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) IN THE NIGERIAN ECONOMY

ABSTRACT

          This research work emphasized on the issue of An Evaluation of the performances of Economic and Financial Crimes Commission (EFCC) in the Nigerian economy. The unprecedented spate of Economic and Financial Crimes reached to the level when it became a source f worry to the government, the regulatory authorities, the bankers themselves and the general public. However, government did not maintain a sanctimonious aloofness to watch this ugly development. But the question is how far has the commission performed in realizing the objective of its establishment in the Nigerian economy in restoring sanity within the Nigeria economy. The objective of the study also include to evaluate the performances of economic and financial crimes commission in the Nigerian economy. The data collection for the study are through primary and secondary sources were analyzed using table and percentages from the analysis done, the following findings were made, that the activities of the Economic and Financial Crime Commission (EFCC) in the last nine (9) years has not significantly reduced the Economic and Financial Crimes in Nigeria. Also, from the findings, Economic and Financial Crime Commission (EFCC) have been selective in their investigation and arrests.  The researcher made several recommendations prominent among them includes:

1.                 That (EFCC) Economic and Financial Crimes Commission should operate independently to enable them achieve better results.

2.                 They should not be selective in their investigations and arrests.

3.                 Also the government should march action with principle when it comes to corruption, let there by no sacred cow.

TABLE OF CONTENTS

Title page    -        -        -        -        -        -        -        -        -        i

Approval page     -        -        -        -        -        -        -        -        ii

Dedication  -        -        -        -        -        -        -        -        -        iii

Acknowledgement -       -        -        -        -        -        -        -        iv

Abstract      -        -        -        -        -        -        -        -        -        v

Table of contents -        -        -        -        -        -        -        -        vi

List of tables        -        -        -        -        -        -        -        -        vii

CHAPTER ONE

1.0     Introduction         -        -        -        -        -        -        -        1

1.1     Background of the study         -        -        -        -        -        -        1

1.2     Statement of the Problems      -        -        -        -        -        4

1.3     Objectives of the study  -        -        -        -        -        -        5

1.4     Research Questions       -        -        -        -        -        -        6

1.5     Research Questions       -        -        -        -        -        -        7

1.6     Significance of the study         -        -        -        -        -        -        9

1.7     Scope and Limitations of the study  -        -        -        -        11

1.8     Definition of terms         -        -        -        -        -        -        -        12

          References  -        -        -        -        -        -        -        -        15

CHAPTER TWO

2.0     Review of Related Literature   -        -        -        -        -        16

2.1     The State of the Economy before the Establishment of

          Economic and Financial Crimes Commission (EFCC)  -        16

2.2     The general structure of the Economic and

          Financial Crimes Commission (EFCC)       -        -        -        22

2.3     The functions of Economic and Crimes Commission (EFCC) -        23

2.4     The mode of Operation of Economic and

          Financial Crimes Commission (EFCC)       -        -        -        25

2.5     The Objectives of Economic and Financial Crimes

          Commission (EFCC)     -        -        -        -        -        -        28

2.6     What Constitute Economic and Financial Crimes

          (EFC) in Nigeria   -        -        -        --       -        -        -        29

2.7     The Sectional Analysis of Economic and Financial

          Crimes (EFCC) in Nigeria       -        -        -        -        -        30

2.7.1  The Manufacturing Firm         -        -        -        -        -        -        31

2.7.2  The Financial Institution         -        -        -        -        -        -        33

2.8     The Advance Fee Fraud-        -        -        -        -        -        35

2.9     The Economic and Financial Crimes Commission’s

          Anti-Terrorism Mandate         -        -        -        -        -        -        39

2.9.1  The Nigerian Financial Intelligence Unit (NFIU)  -        -        40

2.9.2  The Functions of Nigerian Financial Intelligence Unit (NFIU) -        41

2.10   The Funding of Economic and Financial of

          Economic and Financial Crimes Commission in Nigeria         -        42

2.11   The Achievements of Economic and Financial Crimes

          Commission in Nigeria within its years of Operation    -        44

          References  -        -        -        -        -        -        -        -        48

CHAPTER THREE

3.0     Research Design and Methodology   -        -        -        -        51

3.1     Research Design   -        -        -        -        -        -        -        51

3.2     Description of Respondents    -        -        -        -        -        52

3.3     Sources of Data    -        -        -        -        -        -        -        52

3.3.1  Primary Data       -        -        -        -        -        -        -        52

3.3.2  Secondary Data    -        -        -        -        -        -        -        53

3.4     Population and Determination of Sample size     -        -        53

3.5     Methods of Investigation         -        -        -        -        -        -        55

          References  -        -        -        -        -        -        -        -        57

CHAPTER FOUR

4.0     Presentation, Analysis and Interpretation of Data         -        -        58

4.1     Analysis of Data -        -        -        -        -        -        -        58

4.2     Testing of Hypothesis    -        -        -        -        -        -        58

CHAPTER FIVE         

5.0     Summary of Findings, Conclusions and Recommendations -68

5.1     Summary of Findings    -        -        -        -        -        -        68

5.2     Conclusions         -        -        -        -        -        -        -        70

5.3     Recommendation-        -        -        -        -        -        -        73

          Bibliography        -        -        -        -        -        -        -        76

          Appendices          -        -        -        -        -        -        -        -        81

          The Survey Questionnaires     -        -        -        -        -        82

CHAPTER ONE

INTRODUCTION

1.1     BACKGROUND OF THE STUDY

          Evidence abound that the rate at which corruption especially financial crime like advanced Free Fraud (419), Money Laundering were being committed in Nigeria is alarming. Transparency International (TI) has consistently rated Nigeria as one of the top three (3) most corrupt countries in the whole world over the past years. Nigeria has become notorious in financial crimes.

          According to Adekeye (2003:30) said Advanced Free Fraud (419) has brought disrupt to Nigeria all over the world, Nigeria are treated with suspicious all business dealings. Hones (majority) Nigerians suffer as a result.

          In regard to this, Hassan (2004:1) opined that the Federal Government should try to implement an intensive programme of eradicating the menace in the country. This is because, it has the political will to achieve this objective. The most relevant effort is the creation of Economic and Financial Crimes Commission was established by an Act of parliament on December 13th, 2002 by the Federal Government. They started full operation in 2003.  It has high support from the presidency, the legislation and key security and law enforcement agency in Nigeria.

          The commission is primarily charged with the responsibility of eradicating all the economic and financial primes such as; Advances Fee Fraud, Money Laundering, counterfeiting, future market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contrast scan, embezzlement of public funds, illegal acquisition of company shares sales of shares which do not exist to unsustecting investors etc said Adetunji (2002:34)

          According to Ajaero (2004:34), he disclosed that our politicians are also not exempted in this financial crimes in Nigeria today, people see politics as a shortcut to becoming a millionaire. Those voted into power use it as an opportunity of looting the public funds, diverting them into their personal account instead of providing the people with dividends of democracy.

          According to Banjo (2004:12), he stressed that corruption has been continue to be a destructive element in the government of Nigeria and the perception of the country in the community nations. It has resulted a lot problems. Thus, loss government, brain drain, electoral malpractices, absence of law and order etc. The preponderance of crime has discouraged numerous, would be investors leading to decreased Foreign Direct Investment (FDI). Nigeria banks lose viable business economic stability resulting in business failure and unemployment.

1.2     STATEMENT OF THE PROBLEM

Nigeria since independence has witnessed one type of corruption or the other especially financial wire at local, state and federal government levels. However, the magnitude, the affront and brazen at which corruptions is now being committed in Nigeria has become a source of concern to every meaningful citizen and foreigner alike.

          The paradox of it all is that successive government have in many ways claimed to fight corruption but each had always come out worse than the previous state of matter in corruption rating. Many Nigerians have been enriching themselves through crooked ways especially Advance Free Fraud and money laundering. Top government officials loot the public funds and divert them into their private account, while the masses suffer in abject poverty and die of starvation while we are blessed with enough natural and human resources that can easily take a nation to be great and put smiles on the faces of every citizens of the country, the reverse happens to be the case. Thus, it is the problem of this study to investigate why Nigeria is the fifth largest producer of petroleum and still rated as one of the thirtieth poorest and third most corrupt country in the world through the operation of Economic and Financial Crimes Commission.

1.3     OBJECTIVES OF THE STUDY

          The main objective of the study is to evaluate the performance of the Economic and Financial Crimes Commission (EFCC) and their effort in restoring sanity within the Nigerian economy.

1.                 To examine other efforts made by the past and present government to fight corruption in the country.

2.                 To know the contribution of the EFCC in the global war against economic and financial crimes.

3.                 To investigate the enforcement of all laws against economic and financial crimes in all its ramifications.

4.                 To embark on the economic and financial crimes in various sectors of the economy.

5.                 To make policy recommendations.

1.4     RESEARCH QUESTIONS

1.                 What are the achievements made by the previous administration in fighting economic and financial crimes in Nigeria?

2.                 What are the factors that led to the creation of Economic and Financial Crimes Commission in Nigeria?

3.                 How can the attitude of nation’s towards EFCC be evaluated?

4.                 What are the extent of EFCC efforts in curbing Economic and Financial Crimes in Nigeria?

5.                 What are the implication of economic and financial crimes in the Nigerian economy as regards to foreign investors?

6.                 What are the positive effects of EFCC in Nigeria economy?

7.                 What are the negative effects of EFCC in Nigerian economy?

1.5     RESEARCH HYPOTHESES

          The following hypothesis will serve as a major guide to affirm or reject some of the facts involved in the problems already mentioned.

HO:    There is no achievement made with the previous administration in fighting economic and financial crimes in Nigeria.

HI:    There is achievement made with the previous administration in fighting economic and financial crimes in Nigeria.

HO:    There are no factors that led to the creation of Economic and Financial Crimes Commission (EFCC) in Nigeria.

HI:    There are factors that led to the creation of Economic and Financial Crimes Commission (EFCC) in Nigeria.

HO:     There is no attitude of nation towards Economic and Financial Crimes Commission to evaluate.

HI:    There is attitude of nation towards Economic and Financial Crimes Commission to evaluate.

HO:     There is no extent of EFCC efforts in curbing economic and financial crimes in Nigeria.

HI:    There is extent of EFCC efforts in curbing economic and financial crimes in Nigeria.

HO:    There are no implications of economic and financial crimes in the Nigeria economy as regards to foreign investors.

HI:    There are implications of economic and financial crimes in the Nigeria economy as regards to foreign investors.

HO:    There are no positive effects of EFCC in Nigerian economy.

HI:    There are positive effects of EFCC in Nigerian economy.

HO:     There are no negative effects of EFCC in Nigerian economy.

HI:    There are positive effects of EFCC in Nigerian economy.

1.6     SIGNIFICANCE OF THE STUDY

          A study of this nature is expected to improve performance of the EFCC in Nigeria economy. This means that the organization including other sectors of the economy will be better perceived.

i.                   The government and its officials in particular will find the research work valuable and learn to be accountable for their various offices, also adopt new measures to ensure a total sanity in the Nigeria.

ii.                 The general public will understand that nobody is above the law no matter your position or status.

iii.              The fraudsters will also find this work valuable by understanding the level and strategy which the government through EFCC, led by Farida Waziri uses to track them. And to know that there is no eagle behind them (fraudsters). This study clearly states the commission serious campaign against economic and financial crimes.

iv.              The foreigners also will benefit from this research work put together,. They will no longer see Nigeria as one of the most corrupt nations of the world. Rather they will appreciate the effort of the Nigerian government through EFCC to restore the lost integrity of the country and returning to them those money stolen from them by fraudster. They can as well start to invest in Nigeria and never to panic about insecurity and investment climate.

v.                 For students and academia, it will be a stepping stone for further research on the issue; thus acting as think tank information for student yet unborn.

1.7     SCOPE AND LMITATIONS OF THE STUDY

          For the fact that EFCC have operated just only nine (9) years I have a limited data for my research work. Moreover, the cost involved in a study of this nature cannot easily be affordably by student. As a result, the size and distribution of questionnaires, the rate of traveling and interview required has been with researching on the works of this type or written by other authors. Thus, I was forced to use the staff of banks believing them to be well acquainted with EFCC and happening within the financial system and other members of the public.

          The space of time which this study is expected to have been completed is equally limited. A thorough study of this nature requires enough time for proper and thorough investigation.

1.8     DEFINITIONS OF TERMS

          Below are the definitions of some of the various used in this research work.