Evaluation of the Effects of Corruption in the Armed Conflict in Northeast and Other Situations of Violence in Nigeria

Corruption is regarded as the abuse of public office for private gains. This is done when an official accepts, solicits, or extorts a bribe. Also, public office is abused when private agents actively offer bribes to circumvent public policies and processes for competitive advantage and profit. It can also be abused for personal benefit even if no bribery occurs, through nepotism and clannishness, the theft of state assets or the diversion of state revenues. Corruption in Nigeria has been responsible for the pernicious enervation of government and governance whether military or democratic since independence. Corruption engenders the occurrence of conflicts involving large-scale organized violence. This is because of how endemic corruption is and the various attacks it has on the life, progress and development of the state. It has robbed the state of peace and progress; unity and harmony. Again, this results into class conflict which materializes into various forms of revolution as carried out by the Niger Delta militants, the Indigenous Peoples of Biafra and the internecine bloodletting of the Fulani Herds men marauding across the country without let and hindrance as a result of corruptive nepotism and clannishness pervading within the Federal powers. This work analyzes the catalyzation of corruption on the armed conflict in the Northeast and other situations of violence in Nigeria. The work also examines the domestic legal regimes established to stamp out this kleptocratic menace and concludes that there is the need to strengthen these laws, especially by the further amendment of the 1999 Constitution of the Federal Republic of Nigeria, to constitutionally establish an independent and special court to try corruption cases in the country.


Introduction
Corruption in Nigeria represents a threat to the stability and security of the State, undermining our ethical values, and the principles of justice and jeopardizing national development, the rule of law and equity. The State of Nigeria has been facing corruption which has attained levels of gross and egregious theft, for which no possible moral or historical justification can be adduced, and which has played a major role, both in mass impoverishment of the peoples of Nigeria and in the alienation of the led from the leadership. It has been ascertained that widespread corruption especially in societies beset by mass poverty and very high levels of unemployment, has a deeply corrosive effect on trust in government and contributes to crime and political disorder. 1 At the extreme, the political ascendance of naked self-interest intensifies social inequalities, encourages social fragmentation and internecine conflict and propels a corrupt society into an unremitting cycle of institutional anarchy and violence. 2 Unbridled corruption leads to state fragility and destructive conflict and which plunges a state into political instability and destroys legitimacy of government.
Since independence in 1960 in Nigeria and through the republicanism in 1963, the view has been widely held that corruption conspired with political instability and used the State of Nigeria as a playground. The country's "leaders came, saw and squandered". 3 Historically, all the coup d'etats in Nigeria anchored their mission on the need to stamp out corruption from the polity which has pervaded among the leaders. In the Western election crises in 1964 and 1965, it was observed that all sorts of deviousness, gerrymandering and manipulations were used to win the election. Electoral Officers were instructed to recognize only certain nomination papers. 4 At that time, Prime Minister identified corruption as a national problem and proposed long-term solution. 5 Certainly, the coup plotters who executed the first bloody coup d'etat in Nigeria did not share in the Prime Minister Balewa's long term planning and they struck. Their mission was to purge from the nation evils of regionalization, tribalism, immorality and corruption. 6 From the Yakuba Gowon's 1966 bloody counter-coup d'etat to the present endemic and systematic corruption is one of a constellation of interrelated de-1 S. Atuobi (2007). Corruption and State Instability in West Africa: An Examination of Policy Options, (KAIPTC Occasional Paper No. 48, 2007)  …the non-violent criminal and illicit activity committed with the objectives of earning wealth illegally either individually or in a group or organized manner thereby violating the economic activities of government and its administration and includes any fraud … money laundering, embezzlement, bribery, looting and any form of corruption malpractices … etc. 9 Grantedly, this definition is so wide and accommodates all shades of economic crime. However, the definition is dwarfed and largely inelegant as it is bereft of the ingredients of nepotistic cronyism which is one of the bane of progressive Nigeria. 10 In the same vein, the Corrupt Practices and other Related Offences Act, 2003 defines "corruption" to include bribery, and other related offences. 11 In Yusuf v. Obasanjo, 12 the Court of Appeal held that the: …term corrupt practices denotes or can be said to connote or embrace certain perfidious and debauched activities which are clearly felonious in character being redolent in their depravity and want of ethics. They become the hallmark of a decayed nature lacking in conscience or principles.
Judicial views and definition of corruption are not quite different from the ones provided by the statute as judges usually decide cases based on the statutes.
In Biobaku v. Police, 13 Bairamian J. (as he then was) defined the word "corruptly" to mean "improperly" and proceeded to define "improperly" as "the receiving or offering of some benefit as a reward or inducement to sway or deflect the receiver from the honest and impartial discharge of his duties." 14

Theoretical Framework on Notion of Corruption
The concept of corruption is a legal, socio-economic and political pattern which is surrounded by varieties of controversy. Some schools of thought of corruption advanced conceptual clarifications on the subject. These schools include the following: Moralists, functionalists, social Censurists, Social Constructionists and Realists.

Moralist School
This group considers "corruption as an immoral and unethical phenomenon that contains a set of moral aberrations from moral standards of society, causing 9 EFCC Act, 2004, s 46. 10 The World Bank definition is highly comprehensive and commendable. 14 Specific examples of such impropriety have been provided in the ICPC Act, 2003. See generally I. Ayua & B. Bolaji (2002). Problems of Corruption in Nigeria. loss of respect for and confidence in duly constituted authority." 15 One of the proponent of this school is Joseph Nye who defines corruption as "a behaviour that deviates from the formal duties of a public role (elective or appointive) because of private-regarding (personal, close family, private clique) wealth or status gains, or violates rules against the exercises of certain types of private-regarding influences." 16 This school of thought is criticized on the basis that it "tends to individualize a societal phenomenon and attempts to dichotomize as to what is good and what is bad. In the process, societal contexts are ignored and the gap between formal norms and the underlying practice girded norms are not analyzed." 17

Functionalist School
This school plays the devil's advocate as it views corruption from the benefit perspective. It suggests that corruption can speed up difficult procedures, it can also purchase political access for the privileged, and can produce practical policies in an effective and efficient way in comparative with those emerging from legitimate channels. 18 The functionalist school is criticized on the plank that it ignores the political significance of deviance and lack any consideration of power, interest and social structure in its analysis and omitted to evaluate the origins of corruption. 19

Social Censure and Social Construction Realists Schools
These are recent perspective and have diametrically different views on corruption from the functionalists and moralists. They look at corruption from a broad societal perspective. The Social Censure School propounds the view that in understanding corruption one should take into consideration the capacity of the state to produce a particular form of social relations and shift the theoretical emphasis to the interplay of law, ideologies and political economy. 20 Similarly, the Social Construction Realistic School posits that corruption is problematic and that the perpetrators can be studied by relating them to contextual information on their social positions, interests and stakes in the system as well as on the 15 J. David & J.D. Gould (1999). Administrative Corruption: Incidence, Causes, and Remedial Strategies, in Farazmand, A. (1999) Handbook of Comparative and Development in Public Administration. (ed.). New York: Mercel Dekker. 16 J. Nye (1957). Corruption and Political Development: A Cost-Benefit Analysis in Ekpo M.U. (1957) Bureaucratic Corruption in Sub-Saharan Africa: Toward a Search for causes and consequences (ed.). Washington DC: University Press of America. 17 See, Atuobi,S.M. op.cit,4. 18 J.R.A. Aye (2002). Political and Social Consequence of Corruption' in Corruption and Development in Africa Proceedings of a Seminar Organized by the Ghana Academy of Arts and Sciences with Friedrich Ebert Foundation. 19 T. W. Lo (1993). Corruption and Polities in Hong Kong and China. Buckingham: Open University. This school's belief that corruption has some benefits has been challenged with recent experience which has shown the negative effects of corruption. See, generally J. Cartier-Bression. (2004)

Corruption Syndrome
This is the latest concept introduced to enhance the understanding of the nature of corruption in different societies. A Corruption syndrome is defined by the political and economic dynamics that a country has experienced and, within these dynamics, how people participate in them and how institutions have been established to define their rules and boundaries. 22 This considers the nature and level of corruption in different economies and societies. For instance, it believes that advanced democracies with solid political and economic institutions are likely to be different from those countries in transitional stage of democratization and economic reforms. 23 Similarly, fragile states or countries emerging from conflict with weak political and economic institutions will experience different dynamic of corruption. This dynamics, perhaps explains the high level of corruption in Nigeria and other African States undergoing democratic transition, economic reform or emerging from conflict. 24

Typology of Corruption
There has been sundry debate over corruption and its vicissitude from the dividing lines of those condemning it as patently "bad" and those advocating for cultural relativism or real politic pragmatism. 25 The corrupt character of what is in essence "predation" relates to the reprehensible deviation from a politically legitimate state of affairs, most notably the violation of public duties by private interests when rules or norms objectively define these two realms. 26 At a conceptual level, deciphering the political consequences of corruption thus requires both a contextualization and a differentiation of the types of corruption involved. It has been argued that the effects of corruption are not systematically disintegrative or destabilizing and their assessment requires "knowledge of the systems involved and of the extent to which the linkage and divisions fostered by corruption correspond with the more basic fault lines of society". 27 There are four types of corruption as argued by Johnston in his work. These include: Market Corruption, Patronage Corruption, Nepotism Corruption, and Crisis Corruption-along the line of members of suppliers and the stakes involved. 28 Market Corruption is a typology of corruption which is both stable and integrative as it involves routine stakes of exchanges and many suppliers dispensing 21 V. Pavarala (2010 Figure 1).

Legitimate or Criminal?
Even though corruption is illegal under global standards of good governance, however, it is often an integral part of some political order and may even be seen as legitimate by a significant proportion of the population. As seen in the typology of Market Corruption, the pervasiveness of corruption in most aspects of daily life and its rewarding of individuals according to a condoned social order positively related to its legitimacy.
In the same vein, the corruption of politics through a system of patron-client relationships guided by private interests can ensure some degree of political stability due to the prevalence of reciprocity among political actors. In Nigeria, such legitimacy is bounded by ties of kinship and community within which redistribution is governed by a logic of patronage. Corrupt behaviour is therefore not only driven by greed and structural forces, but also by informal codes of conduct associated with reciprocity ties within particularistic and communitarian social network. 29 The legitimacy of corruption is thus bounded by the legitimacy of control over resources; with conflicts arising when this control extends beyond the mutual recognized resources boundaries of social networks or fail rules of reciprocity.
While these codes of conduct do not reflect a universalistic notion of public good, their legitimacy rests on benefits channeled down these networks, outside which non-reciprocal or even predatory relations dominate. The point is not whether corruption is illegal but whether or not it is interpreted as legitimate; that is, within the boundaries of acceptable behaviour for the elite, the military, the business community, or the general population. The obvious questions are thus which people decide upon this legitimacy and how can they be informed of the level and use of corruption to decide upon its acceptability. Social and political identities as well as access to independent media are thus critical issues as demonstrated by the importance of corruption in political rumors circulated through common media. 30

Monopolistic or Competitive?
The degree of conflictuality associated with corruption is also related to its level of competitiveness. In divided societies, a distribution of the spoils of office  country's politics and economy. The tacit institutionalization of corruption within the hierarchy of the state apparatus is a powerful means for a ruling group to retain the allegiance of its individual members and organizations by providing both an inescapable economic incentive (access to rents/bribes) and disciplinary threat (dismissal for corruption). Finally, Political corruption provides rulers with a means to channel funds outside through a parallel budget used for political purposes, such a patronage or electoral campaigning, thereby often sustaining a stable political order. 31 This relation between political corruption and stability is dominated in many democracies by the motivation of businesses to influence politics and the demand of politicians for party funds, giving rise to the creation of corruption networks establishing informal social networks of trust between actors with generally no kinship relations. 32 Elite schools, cabinet appointments and positions in the headquarters of major corporations assist in developing these networks and reducing competition. In many developing countries, on the contrary, it is informal social networks that are driving corruption, as public actors controlling access to the state rents respond, in part, to the demand of relatives, cronies and clients. 33 In such cases, the possible lack of institutionalization and the breakdown of patronage regimes increase the risk of competitive corruption. For instance, in Democratic Republic of Congo, 34 Mobutu SeseSeko sustained a political order largely by a co-opting dissent and buying allegiance through regularly reshuffling lucrative positions in his government, 35  handouts from foreign aid and mineral rents, and by the preferential allocation of nationalized foreign businesses. 36 In Nigeria, Ibrahim BadamosiBabangida replayed the Mobutu style by incessant and constant reshuffling of his cabinet to accommodate prospective dissidents within the rank and file of the military while democratization of corruption was an intentional regime policy calculated to fan allegiance.
While this monopolistic form of corruption initially consolidated Mobutu's power, the erosion of public rents from the mid-1980s onwards and the democratization taking place from 1990 onwards were paralleled by the rise of competitive forms of corruption within his entourage, the administration and the army, leading to the ultimate collapse of his regime under military pressure in 1997. 37

The Causes of Corruption in Nigeria
The causes of corruption are myriad in Nigeria; and have both political and cultural variables. Some evidence points to a link between corruption and social diversity, ethno-linguistic fractionalization, and the proportions of country's population adhering to different traditions. 38 Thus the political system and the culture of the Nigerian society make the citizens more prone to corrupt activities.
Johnston noted thus, 39 corruption is not something that "happens to" otherwise healthy societies: no country has ever been free of it and those that reduce it still confront other problems. Corruption is one of a constellation of interrelated development problems endogenous to societies and the changes they experience.
It is not only worrisome in its own right, but also a symptom of deeper difficulties. Thus while it will always be important to attack corrupt behaviour itself, it is critical to understand the broader setting within which it arises, and which it can shape in important ways.

As Seidman explained,
There is not, obviously, any simply cure for endemic corruption. There is no single cause for corrupt motivation. It exists in a wide variety of circumstances: the pressures pointing towards corruption are many and varied. 40 The fundamental factors that engender corrupt practices in finding jobs for kinsfolk whether or not they have the required skills or qualifications.
The dysfunctional legal and judicial system lead to people engaging in corrupt behaviour with impunity as surely, they would not be called to account. Culprits are hardly found or brought to book even as corruption flourishes through ostentations wealth and sheer numbers. The legal system and enforcement me- All these, including bad practices of non-payment or late payment of workers salaries, bad business culture of delays and refusal, or late payment for service executed by business establishment in the country are forms of corruption.
Non-payment or late payment of salary is a major corruption provocateur, as public or civil servants who have bills to pay and children to cater for but have diligently done their statutory duties and yet have not been paid will definitely throw ethics and principles to the wind and engage in corrupt practices in order to maintain their families.

Boko Haram Combat Activities
Boko Haram atrocities, intensified violence and violations of laws of armed conflict went on crescendo. The sect indiscriminately killed civilians, abducted women and girls, forcibly conscripted young men and boys and destroyed villages, towns and schools. It also tortured, raped and forcefully took girls into marriages. 50 The sect perpetrated killings, razed and looted homes, businesses,

Corruption and Armed Conflict in the Northeast Nigeria
One of the major causes of the armed conflict in the Northeast is corruption and its kindred causative chain. The causative chain of armed conflict in the Northeast are corruption, unemployment, poverty, poor government, weak judiciary, socio-economic inequalities, ethno-religious crises and many more. 59 A Critical appraisal of this causative chain reveals that corruption encapsulates all of them as the major cause of these factors is corruption in general terms.
Unemployment is the inability to be engaged in gainful work and lacking the basic necessities of life. The direct cause of unemployment in the Northeast is corruption. This is because the leadership of the country diverts the state resources allocated for industries and infrastructure into personal accounts abroad. Again, there is no access to education for the young people and as a result many are brainwashed into believing anything they were told by few privileged persons in their midst. Unemployment leads to frustration and frustration invites discontent and conflict. Many unemployed youths in this region have 55 Ibid. become preys to terrorists and have been radicalized. The result is the venting of their anger on the state who has failed to provide job for them. Boko Haram militants lure these youths with money which they cannot resist. As a result of illiteracy, Boko Haram leaders taught them that education is a sin. This development has multiplied the number of unemployed youths roaming the streets and become easy tools for violence in that region. 60 Another kindred of corruption is poverty. According to World Bank, 61 the various dimensions of poverty include: lack of opportunity, lack of empowerment and lack of security. The window of opportunity remains closed to the poor masses in the Northeast, and this makes them practically inactive. It also limits their choices in almost everything and their lack of security makes them vulnerable to disease, violence and death. Poverty depicts lack of food, cloths, education and basic amenities of life.
In the Northeast Nigeria, due to poverty, youths have been denied choices and opportunities to get good education, medicare, decent accommodation, lack of land for agriculture, jobs to earn a living and exclusion from normal everyday living. As a result of these lack and want, the youth enlist into Boko Haram membership and turn their anger on the state. When there exist wide gap between the rich and the poor, there comes a breaking-point where there is bound to be a class conflict that materializes in form of revolution as witness today in the Northeast. 62 Boko Haram criticized the high level of corruption and "Western Orientation" officials causing economic hardship in the country. This belief was confirmed by Harnischfeger who stated that "Poverty, high unemployment rates and overall socio-economic situation of the region" as the reason for Boko Haram rebellion in the Northeast. 63 The question of poverty is mostly connected to the governmental corruption and mismanagement of the commonwealth of the state and region, as well. Therefore, the membership of Boko Haram who are mostly poor and indigent, join its ranks in the hope for economic and social justice. 64 The emergence of Boko Haram and its offensive against the state is seeking social justice through the establishment of new, non-corrupt and Islamic government. 65 During Yusuf Mohammed's reign as the supreme leader of Boko Haram, the first clash occurred when he attacked local Muslim community-Ulema-as a reaction to their close relationship with Governor Sheriff who was described by the sect as running predatory and corrupt governmental policies. 66 Such claims are supported by international Non-Governmental Organizations such as Transparency International, which ranks Nigeria 136 th out of 176 in Corruption Measurement tools and confirms that over 90% of the population of Nigeria thinks that the governmental and its security forces are corrupt, while 45% assumes the same about the military and other agencies of government. 67

Almajiri and Poverty in North East Nigeria
Almajiri is derived from the Arabic word "Al-Muhaajirun," which is by inference, a learned Ulama who propagates the peaceful course of Islam. But the Almajiri concept has since outlived its purposes in Nigeria and has become a breeding ground for child begging and potential terrorist's camps in Nigeria.
The pupils who are meant to be trained to emerge as Ulumas have had to struggle to cater for themselves through begging rather than learning under the watch of the semi-literate Quranic teacher or Mallams who themselves lack the requisite support, and use the system as a means of living rather than a way of life. The Almajiri system typifies child abuse, social exclusion and chronic poverty by kleptomatic corruption orchestrated by politicians and other public officers in Nigeria. 68 The National Council for the Welfare of Destitute puts the current population of the Almajiri's at about 7 million. 69 This outrageous figure is indicative of the abdication of duty and care by both government and parents of these kids. Almajiri's occupy virtually all the nooks and crannies of the Northern States of Nigeria. 70 The Almajiri's are sent off mostly from rural areas by their illiterate parent between the ages of 6 -12 years to the cities without provision to study Holy Quran, under harsh and despicable conditions. Apart from roaming the streets with cups and begging for alms while dressed in rags, scavenging on food remnants, the children are involved in various types of work and live under bridges, motor parks, mosques, market stalls and so on. 71 These are the ready materials for recruitment by Boko Haram. As can be gleamed from the foregoing discussion, corruption which bred poverty especially in the Northeast triggered the present day armed conflict between Boko Haram and the Federal Forces of Nigeria. This is because the state of Nigeria created misery and frustration among the people which pushed them into revolution against the state. This is true as Boko Haram at the outset domiciled its operational base at the poorest part of Northern Nigeria. It is in such places where people have been denied opportunity for education, meaningful economic sources of livelihood that recruitment is the easiest. When a young man is poor, illiterate and unemployed, he becomes a ready vessel for every kind of brainwashing. The brainwashing will include the fact that politicians and their apologists are corrupt and evil as they selfishly scavenge on the commonwealth of the people. The brainwashing will include a quote from the Holy Quran that such people are condemned to death. They are then commissioned to kill such "infidel" and have their reward in paradise. 72 From the scenario painted above, it is at this point indubitable that one of the major root causes of the armed conflict in the Northeast Nigeria is corruption perpetrated by the leadership in Nigeria.

Corruption and Other Situations of Violence (OSVs) in Nigeria
The term in "OSVs" is used to categorize conflicts that did not get to the threshold of an armed conflict. The state of Nigeria has witnessed various versions of conflict in which the root cause is traceable to corruption by the leadership in the country. OSVs take the form of civil disorder which include civil unrest or civil strife caused by a group of people. Typically, a non-international armed conflict refers to a situation of violence involving protracted armed confrontations between governmental forces or more organized armed groups, or between such groups themselves, arising on the territory of a state. 73 The existence of a non-international armed conflict triggers the application of international humanitarian law (IHL), also known as the law of armed conflict, which sets limits on how the parties may conduct hostilities and protects all persons affected by the conflict. IHL requires that two criteria must be met for there to be a non-international armed conflict: 1) The armed groups involved must show a minimum degree of organization 2) The armed confrontations must reach a minimum level of intensity. A non-international armed conflict is distinguished from lesser forms of collective violence such as civil unrest, riots, isolated acts of terrorism or other sporadic acts of violence. 74 Civil disturbance is a symptom of and a form of protest against major socio-economic and political problems in the society.
Nigeria is a nation of approximately 180 Million people and also has about 250 ethnic groups and languages. From independence through military regime and to democratic governments, Nigeria has been a scene of frequent civil unrest and disturbances. Most of which root causes are attributable to corruptive tendencies parading within the clime. zens (NCNC), and the Action Group (AG) were able to diversify their activities into new, often dubious and fraudulent forms of primitive accumulation of wealth at public expense. These forms include the fraudulent award (including outright sale) of unsecured government loans, produce buying and import-license to their cronies, the inflation of government contract values (and the consequential enlargement of payable "kickbacks" to themselves) and the straight forward looting of the treasury by their major political acolytes and group that dominated the polities of the First Republic. The aim was to monopolize and have the lion share of the loot from the systematic plundering of the commonwealth of Nigeria. 75 This was the major motivation which resulted in the high intensity and bitterness that heralded the contest for political power along ethno-regional lines which led to the following crises and conflicts: into the governance arena to corruption and the gradual slide into kleptocracy as perpetrated by removed government. Violence in Nigeria in its various forms has evolved over the decades; from use of traditional weapons, charms and amulets, violence in Nigeria has taken sophisticated dimension. Political, electoral, religious, ethnic/tribal, cultism and other forms of violence are dominant in the Nigeria society at varying degrees. Each region in Nigeria has its peculiarity. Over again, violence has threatened the peace, stability and unity of Nigeria. Other situations of violence in Nigeria to be discussed include: 1) The Niger Delta Militancy; 2) The Indigenous Peoples of Biafra's secessionist movement; and 3) The Fulani herdsman attacks.

The Niger Delta Militancy
The current conflict in the Niger Delta first arose in the early 1990s over tensions between foreign oil corporations and a number of the Niger Delta's minority ethnic groups who feel they are being exploited, particularly the Ogoni and the Ijaw. Ethnic and political unrest has continued throughout the 1990s despite the coming on board of democratic regime in 1999. dollars; yet the communities in that region continue to live in abject poverty. Nigeria, after nearly five decades of oil production, had by the early 1980's become almost completely economically dependent on petroleum extraction, which at the time generated 25% of its GDP. This position has since risen to 60% as at 2016. Despite the vast wealth created by petroleum, the benefits have been slow to trickle down to the majority of the population, who since have increasingly been forced to abandon their traditional agricultural practices.
Oil drilling in Nigeria began in 1950s and since that time Nigeria become the Worlds tenth largest oil exporter. The abundant oil reserves resulted in widespread exploitation. The Niger Delta region encompasses about 8% of Nigeria's landmass and is the largest wetland region on the African continent. 77 In the beginning, the oil drilling in that region stimulated Nigeria's economy and was extremely beneficial to the country. Numerous multinational corporations established oil operations there and made conscious efforts not to violate any environmental or human rights regulations. Shell began drilling in the Niger Delta region in 1956. Shell's presence in Nigeria has been detrimental to the people. 78 The negative consequences to the people of that region are the result of thousands of oil spills, human rights violations, environmental destruction and monumental corruption. Over the past half century, Nigeria has become a plutocratic state where political power is solely in the hands of the socio-economic elite and public officials who plundered the commonwealth of the Niger-Delta region. According to the documentary "Poison Fire", one and a half million tons of oil has been discharged into the Delta's farms, forest, and rivers since oil drilling began in 1956. Again, hundreds of kilometers of rain forest have been destroyed by the oil spills. When petroleum is discharged into the soil, the soil becomes acidic, which disrupts photosynthesis and kills trees because their roots are not able to get oxygen. Moreover, the fish population has also been negatively affected by the oil drilling.
Land and water have been polluted by oil spills and their air ruined by constant burning off of natural gas. In the words of Alex Last: There is an apocryphal story often told about the origin of the disquiet in the Delta. In the 1990s, the then military ruler, SaniAbacha, invited people from the Delta to the new purpose-built capital, Abuja. When they saw its huge, well-ordered roads, bridges and high-rise buildings, they realized what the oil money could do, and allow little of it they saw. And so the trouble began. 79 The last account of the origin of the militancy in the Niger Delta is persuasive. In any case, whatever is the precise genesis of the conflict and violence in that region, the important factor is that economic prosperity in Nigeria is largely dependent on the happening there and there should be reflection or corresponding It must be noted that the motive behind the formation of various militant groups in this region is the inability of the State of Nigeria to deliver to the people of Niger Delta the most basic services, to meet vital development needs, and the high-handedness of the state forces unleashed to combat the violence/conflict. The Niger Delta region is a paradox of poverty and underdevelopment in the mist of plenty. This is because in spite of oil wealth in the region, it still remains one of the least developed parts of Nigeria characterized by widespread poverty. 80 It is the deep rooted sense of neglect and marginalization by the government in providing or supporting critical human development and provision of basic social amenities that underlay the persistent militancy in this region. Importantly, the functional motive for militancy is the crass level of corruption perpetrated by the leadership of both the states in the region and Federal government in the financial and prudent allocation and management of the fiscal resources or proceeds from oil and gas drilling and sale. This position was accentuated by NdomaEgba when he posits that the inability of the Nigerian State to address the development needs of the region has led to the persistent agitation and violent crisis in the region. 81 This inability is expressed within the framework of the level of corruption pervading in the oil industry and government agencies established to serve as regulatory bodies for oil exploration, exploitation, exportation, use and sale in Nigeria.
Clearly, the Niger Delta militancy is a consequence of monumental corruption found in the state agencies with reference to their inability or unwillingness to provide basic development needs of the people of the region. This found expression in the looting of public funds found during various successive governments in Nigeria since independence. However, the plundering were more during the

Indigenous Peoples of Biafra (IPOB)
The IPOB is a separatist organization led by NnamdiKanu. The group wants a number of states in the Southeast which is principally made up of people from Ibo ethnic group, to break away from Nigeria and form the independent nation of Biafra. To achieve this, the group is calling for a referendum. The group also engages intimidation and sometimes violence on civilians who oppose their agenda and modus operandi. The group's methodology include: sit-at-home, blocking of major roads in the southeast, formation of security organization or outfit and establishment of guards to protect their leaders against the state. They also organize rallies and marches around the Southeast region. Members of the public who encounter them are expected to comply, as refusal will be met with manhandling and other negative consequences and harm. IPOB leadership has given reasons why it will continue the agitation for Bia- crops in the region; to end the unprovoked killings of our people; to avoid harassment and attacks from the military; to improve the education and judicial sector; to end marginalization of the people of the region." The successive governments of this country have paid service to infrastructural development in the southeast. All the Federal roads in that region are highly impassable. The Ibo man is an industrious businessman or trader that requires motorable roads to convey his goods and commute from one city to another.
The total neglect of the Federal roads network across the region has caused untold hardship to the people. Similarly, electricity, tertiary institutions, Airports and political appointments are other areas that have thrown-up debates of marginalization against the region.
The Federal roads in the Southeast have been awarded at different times by various governments both civilian and military. However, the construction companies mobilize to location only to vacate their equipment after a short period of time. These contractors collect mobilization fees and other fees, only to abandon the project without completion. These are the experiences at Enugu-Port Harcourt, Enugu-Onitsha, Umuahia-IkotEkpene, Aba-IkotEkpene, and many others. The major challenge is the inability of the supervisory government agency to monitor the level of execution of these jobs. It is however, believed that staff of such agency conspire and collude with these contractors in this regard as they are paid rents. Therefore, it is not that the roads were not awarded but that rents and corruption took the better part of government officials assigned to supervise and oversee the execution of the projects.
In another development, the various political leaders in the states that make up southeast region, have failed in their responsibility towards their people.
From military regime to civilian regime the monumental dilapidation, degradation and despoliation of the region can only be attributable to ineptitude and personal Self aggrandizement, especially, the civilian Governors who are also Ndigbo by birth and creed. Since 1999 the people of the region have elected different sons and daughters as Governors, House of Assembly members, Senators, House of Representatives members and yet these challenges were not tackled or addressed by them. This is a demonstration of self-service and greed. The political leaders in the southeast especially the Governors that managed the region's commonwealth which includes: Federal allocations, excess crude allocation, ecological funds, Paris Club refund, bail-out funds, World Bank and IMF intervention funds, bonds, loans and internally generated revenue, deployed the sundry monies into nowhere discernable. 84 These colossal economic failures on the 84 Orji UzorKalu has been charged to court by the Economic and Financial Crimes commission (EFCC) for Stealing, diversion of public funds, money laundering (former governor of Abia State); ChimarokeNanmanni was indicted by EFCC for stealing and diversion of public funds of Enugu State; Sam Egwu and Martin Elechi (both Former Governors of Ebonyi Stat) were also indicted by EFCC for corruption; IkediOhakim (former Governor of Imo State was accused of misappropriation and fraud N18 billion bond loans obtained on behalf of Imo State and N1 billion withdrawals from the State accounts; Chris Ngige (Former Governor of Anambra State) was accused of misappropriation of Local Government funds while he was Governor. part of these leaders of the region are principally one of the reasons for the IPOB clamour.

Fulani Herdsmen
Nigeria has 22 million cows that consume about 1 billion gallons of water daily and 500 million kilograms of grass and forage crops. 85 The stock value of Nigeria's cattle population is about N3.4 trillion or $16.2 billion at N150,000 per cattle. Since there is no commercial ranching in Nigeria, these significant nutritional needs are met through nomadic foraging activities by Fulani herdsmen who roam the country with their cattle, following natural water ways and foraging reserves. Although Nigeria's cattle is a key part of its food security, events which have occurred over the last five years have strained the relationships between nomadic herdsmen and the communities situated on the grazing routes followed by the herdsmen. Nigeria's cattle populations have been the cause of intensifying insecurity and gruesome conflicts.
The root causes of the conflicts stem from three factors that has combined to exacerbate the resource challenges imposed by Nigeria's bourgeoning cattle population. These factors are: 1) Climate Change;

2) Boko Haram Crisis; and
3) Federal Government lack of Political will.
For decades, climate change has slowly changed the landscape of northern Nigeria. Much of the far north has been inundated by desertification. The northern tip of the foraging grounds of Nigeria's cattle has disappeared. Watering grounds are disappearing too. Lake Chad, once a massive oasis in the Northeast has lost about 95% of its volume over the last 50 years. 86 Again, for about six years, Boko Haram insurgency has had a profound impact on the Northeast Nigeria's belt. As the sect rampaged through the northeast, it decimated communities and spread insecurity across the region. Cattle rustling increased, millions of people were displaced from their communities, farmlands were abandoned, and a land mass that is almost 15% of Nigeria, has essentially become a no-go area for nomadic herdsmen. The Northeastern region of Nigeria has some of the richest foraging stock in the country, and much of that is no longer available for use, because of the Boko Haram conflict. The Federal Government penchant of "non-intervention" is characteristics of nepotic-clannishness and jingoism which is tantamount to crass corruption of a savagery nature. Indeed, nepotism is the worst type of corruption as it exudes from the spirit and mind of the practitioner. It is more grievous and destructive than financial corruption. This is because a nepotic person discriminates against a fellow human being and regards him as less human while the other type of corruption target things (matter) other than human beings.

Legal Instruments against Corruption in Nigeria
The following are analysis of some efforts in specific terms towards combating

1) Advance Fee Fraud and other Related Offences Act. 90
This Act defines "false pretence" as "a representation, whether deliberate, made by words, in writing or by conduct, of a matter of fact or law, either past or present, which it represents is false in fact or law, and which the person making it knows to be false or does not believe to be true". Act makes provisions and for the prevention and punishment of money laundering to regulate over the counter exchange transactions. According to this Act, banks have a duty to exercise utmost diligence in their daily transactions with the customers in order to eliminate the possibility of a customer using the bank in question as a means of money laundering. The aim is to check suspicious transactions. 99 Pursuant to the above aim, the Act provides for a limitation of the amount of cash payment. Except in a transaction through a financial institution, no person shall make or accept cash payment of a sum greater than that stipulated in the Act. 100 Again, the bank has or duty to report international transfers of fund and securities. A transfer to or from a foreign country of funds or securities of a sum greater than that stipulated in the Act shall be reported to the Central Bank of Nigeria. 101 Any report made shall indicate the nature and amount transferred the names and addresses of the sender and receiver of the funds. 102 It must stated that by virtue of the provisions of this Act, the customary relationship of trust between banks and their customers has come under fire. This demonstrates the desperation of the draftmen to check the level of corruption and economic crime with particular reference to money laundering. Thus from this perspective, certain privileges of bank customers have been sacrificed in the interest of national security. 103 6) Code of Conduct Bureau and Tribunal Act. 104 The aims and objectives for the creation are to establish and maintain high standards of morality in the conduct of government business and to ensure that the actions and behaviour of officers conform to the highest standards of public morality and accountability. 105 This Act is particularly concerned with the public sector which holds most of the government funds. The statutory functions of the Bureau include the following: a) to receive assets declarations by public officers in accordance with the provisions of the Act; b) to examine the assets declarations and ensure that they comply with the requirements of the Act and any law for the time being in force. c) to take and retain custody of such assets and declarations, and d) to receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaint to the 7) The Criminal/Penal Code Act. The Criminal and Penal Code contain provisions which deal with the offence of corruption. These provisions came into existence when corruption was not a more serious offence in its incidence and effects than other code offences. They deal mainly with the straightforward cases of demanding, receiving, and offering gratification for some favour and cannot encompass modern and sophisticated methods corruption. The criminal code provisions are very technical and compartmentalized resulting in so many loopholes that often, persons who are obviously guilty of the offence charged are set free on technical grounds; for instance that the charge was brought under wrong section. 108 The problem became 107 Section 7 ibid. 108 See, R v Anyaleme (1943) 9 WACA, 23;R v Mercellus (1953) 29 NLR, 155. so pronounced that in Amaeechi V. COP, 109 the court observed thus: We would only add, and repeat what has been said in the past that the law relating to official corruption and kindred offences is not easy and that the advice of the law officers should be sought whenever possible before proceedings are taken. 110 The provisions in the two codes focus on public officers. The private sector is unaffected. There is also lack of special institutional framework for dealing with the code offences.  Offences and punishment of same are provided for in Sections 8 to 26. Some of these sections are apparently similar in context to the provisions of the Criminal Code Act; for instance, Section 8 which deals with the offence of accepting gratification. If there is any remarkable difference between these sections and those of the Criminal Code Act, it would be the amount of fines 118 and provisions of section 23. Section 23 makes it mandatory for a public officer to report gratification given, promised or offered to him and provide the name of the person who gave, promised or offered such gratification, to the commission or police. 119 Again, any person from whom gratification has been solicited or obtained or attempts have been made to obtain gratification shall report such action together with the name and full description of the person to the commission 117 S 3(4). 118 For instance, S 22(6) or Corrupt Practices and Other Related Offences Act provides that any person or public officer who commits an offence under subsection (1) and (2) of the Section is liable on conviction to a term of imprisonment for seven (7) years or one million naira fine. 119 S 23(1) of the Act. or police. 120 The punishment for the contravention of subsections (1) and (2) of this section on conviction shall be liable to a fine not exceeding one hundred thousand naira or for a term not exceeding two (2) years imprisonment or both. 121 The Act is a comprehensive legislation with Seventy-one (71) sections. Sections 27 and 42 provides for power to investigate crimes, searches on premises for persons and property, seizure of movable and immovable property, arrest and detention of persons and property of suspects. It is instructive to note that under this Act, "every offence under this Act shall be a bailable offence for the purpose of the Criminal Procedure Act or Code." 122 The Act is self-executing as it has provisions relating to evidence and procedure adoptable during trial in court. 123 It should be noted that nothing contained in the Act derogates from the powers of a Police Officer to investigate any offence under the Act or to prosecute any person in respect of such offence provided that the Police shall bring to the attention of the Commission every case of bribery, corruption or fraud being investigated or prosecuted by them after the coming into force of the Act. 124 It is important to evaluate section 53 of the Act which presumes an accused guilty of the offence of gratification or any other offence under sections 8 to 19 of the Act, until the contrary is proved in Court. This patently is contrary and inconsistent with section 36(5) of the 1999 Constitution (As Amended). 125 It is a fundamental right that a person is presumed innocent until found guilty by a court of competent jurisdiction and otherwise. 2) The Advance Fee Fraud and Other Related Offences Act, 1995; 3) The Failed Banks (Recovery of Debt and Financial Malpractices in Banks) Acts (As Amended); 4) The Banks and Other Financial Institutions Act, 1991 (As Amended); 5) The Miscellaneous Offences Act; and 6) Any Other law or regulation relating to economic and financial crimes, including the Criminal Code and Penal Code.
Significantly, the Act empowers the Commission to arrest anyone suspected of economic crimes, investigate the crimes and subject the suspect to declaration of his assets while the investigation is going on. 127 Also, the commission is empowered to apply ex parte to the High Court for any interim seizure and forfeiture of the assets of the suspect and the court if satisfied that a prima facie evidence has been laid out, make an interim order forfeiting the property to the "What pains some lawyers most is that they cannot frustrate the effectiveness of the EFCC by seeking an order to stay proceedings in the High Court while interlocutory appeals are filed with the sole purpose of delaying justice in matter pending before that High Court against the person accused of economic crimes." 130 EFCC as an institution has made remarkable successes and has been bedeviled with daunting challenges which include among others delayed cases in court as a result of unnecessary adjournments sought by defence counsel and long adjournment acceded by the courts. These delay tactics engaged by defence counsel has affected the number of convictions recorded by the commission. Again, sections 35(2) and 36(11) of the Constitution of the Federal Republic of Nigeria provide defence to the accused. These Sections provide for the right to remain silent and the freedom from self-incrimination respectively. 127 Sections 13 and 27 of the Act.

Establishment of Independent and Special Courts for the Trial of Corruption Cases in Nigeria
The necessity for an independent and special court was identified by the National Committee on Corruption and Other Economic Crimes in Nigeria headed by Honourable Justice KayodeEso. This committee was set up by the Ibrahim Ba-damosiBabangida regime. The terms of reference of this committee were: 1) to identify the causes and possible extent of corruption in Nigeria; 2) to examine the deficiencies in the existing legislation on corruption in Nigeria: and; 3) to suggest remedies which would lead to the curbing of the incidences of corruption including suggested improvements to the existing legislation.
In carrying out these terms of reference and in the bid to give the country the best of its endeavour, this committee engaged in comparative study of other ju- ments for the purpose of stalling proceedings. The experience is that looters of the nation's treasury facing prosecution in regular courts with the connivance of their lawyers and warped judges employed a mixed bag of deception-interlocutory applications, ex parte motions and perpetual injunctions, among others, to stifle corruption proceedings. This explains why the prosecution of the former Governors that left office in 2007 has remained at rudimentary stages for over ten (10) years. Economic and Financial Crimes Commission has about 43 high profile corruption cases in court since 2007 which include 16 former governors that are still pending in court. Other cases relate to the Oil Subsidy Scandal, Money laundering and Violation of the Public Procurement Act. 133 These cases are on hold as a result of preliminary objections, trial within trial, interlocutory appeals at the Supreme Court, assigning of trial judges of election petition tribunals, abuse of court processes, illness of defendants or counsel, filing of fresh charges among others.

The Judicial Organ and Creation of Courts in Nigeria
On Monday, 18 th September, 2017, the Chief Justice of Nigeria (CJN), Hon. Justice Walter Nkanu Samuel Onnoghen, at a special session organized to usher in the 2017/2018 legal year and to swear in 29 new Senior Advocates of Nigeria, ordered the Chief Judges of Courts in Nigeria to designate at least one Court in their jurisdictions as a special court solely for the purpose of adjudicating on corruption and economic crimes cases. The CJN directive has thrown open flood-gate of legal analysis and argument as to the constitutionality of such special courts envisaged by this directive.
It must be stated that all courts of superior record in Nigeria are established by section 6(3) of the 1999 constitution of Nigeria (As Amended). Section 6(4)(a) of the Constitution empowers the National Assembly and State Houses of Assembly to establish or create courts other than the ones specifically denominated and created by subsection (5). From the foregoing, it is crystal clear that legally, it is only the National and State Assemblies that can establish or create a court, the CJN or State Chief Judges lack the legal capacity and jurisdiction to do so.
Similarly, Section 36(1) of the same constitution provides thus: In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal establishment by law and constituted in such manner as to secure its independence and impartiality. Again, Section 46(1) of the 1999 Constitution provides thus: Any person who alleges that any of the provisions of this chapter has been, is being or likely to be contravened in any state in relation to him may apply to a High Court in that state for redress.
These Constitutional provisions are sacrosanct and non-derogable in character. It will be unconstitutional for any High Court to be singled out particularly to try only corruption cases. This would amount to illegal amendment of the constitution especially Section 272(1) which provides for the jurisdiction of the High Court of a state. 134 The provision in Section 46(3) that: The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this Section… This cannot be construed to inure power to the CJN or any Judge for that matter to create or establish courts which such power is conferred only on the Legislative organ. It will be usurpation of power by the judicial organ in doing this. The contemplation of Section 46(3) is the issuing of Rules of Practice which orders are made by the CJN for the purposes of regulating the practice and procedures in court which must be complied with by members of the bar and others.
Whilst passion and drive of the CJN is to safeguard the nation and lead judicial weight to the fight against corruption, it is unlikely that CJN or Chief Judges of States can create special courts by fiat as their legality would be called to question since the constitution does not confer such powers on them.

Special Court for Prosecution of Corruption
Special Courts are not judicial anomalies. They are Courts within the judicial branch which generally address only one area of law or have specifically defined powers. Special Courts differ from general jurisdiction courts in several other respects besides having a more limited jurisdiction. Under this arrangement cases will be disposed off expeditiously. This is because special courts do not follow the same procedural rules that general jurisdiction courts adopt.
For the establishment or creation of Special Courts in Nigeria judicial system, a new bill for the enactment of an Act for a Special Court for Corruption and the further amendment of the Constitution are needed. This legal framework will provide procedural regulation for the special circumstances that warranted the courts in the first place. Their peculiarity may necessitate a situation whereby they would require the jury system because of the integrity and independence of the people involved. It is only the promulgation of this law and the amendment of the Constitution that can guarantee effectiveness and effectuality of the functioning of these courts. 135 Again, it is hoped that the new act and the further 134 See also Section 257(1) of the Constitution for the jurisdiction of the High Court of the Federal-CapitalTerritory. amendment of the constitution shall provide for life imprisonment for any person convicted for corruption and kindred crimes.
The establishment of special courts for prosecution of corruption in Nigeria should form integral part of Nigeria's legal response to corruption. Malaysia and Singapore are among countries that have used the strategy to deepen their anti-graft war. Malaysia has 14 of such Special Courts which have revolutionized corruption trials there. The country also has "name-and-shame" database where it uploads names of those that have been convicted of corruption which the United States has adopted as a global model. 136 An effective judiciary is a powerful weapon against corruption. Special Court system must be complemented with broader judicial reform. There must be put in place fair judicial salaries and pensions to make court personnel less vulnerable to bribery. These should reflect experience, performance and an honest track record.

Conclusion and Recommendations
In Nigeria, corruption has posed serious developmental challenges. It has undermined democratic dividend and good governance by flouting or even subverting formal accountability processes. As a result infrastructural amenities such as water, electricity, roads, education, Health-care and other good things of life which ought to be provided for the average Nigerian cannot be provided. Rather those in government have been in government before, build edifices in their villages and major cities, and buy choices cars. More generally, corruption erodes the institutional capacity of government as procedures are disregarded, resources are siphoned off and public offices are bought and sold. In the final analysis, corruption undermines the legitimacy of government and such democratic values as trust and tolerance. 137 Tied to this point is the fact that corruption makes the polity highly susceptible to poverty, unemployment, illiteracy and disease. These lead to vicious cycle of armed conflict, violence and civil unrest. Enthronement of bad leaders in this country has resulted into harvesting monumental corrupt government and the crises that trail upon the country. The uncanny display of affluence by treasury looters in Nigeria has exposed the nation to a possible regrettable implosion. The youths are seriously asking questions about why they cannot be guaranteed a job after completing their compulsory One Year Youth Service Programme and many more. The resources that would have been used to build factories or industrialize the country were siphoned by a plunderous cabal who became leaders in Nigeria. The resultant effect of this realization is grief and frustration which generates civil unrest, then graduates to violence and ultimately armed conflict as we have in the Niger-Delta, Independent People of Biafra and the Northeast Nigeria.
To fight corruption, legal and institutional framework must be polished and sued by the heads of the respective courts should be put to use as they are designed to give priority to the trial and appeals arising from cases of corruption, money laundering, terrorism, rape, kidnapping and human trafficking.
To obviate undue delay in the determination of corruption cases, the Practice Directions have made special provision for the service of processes on parties by electronic mail addresses, facsimile numbers, GSM telephone numbers and others. Also, the Supreme Court has upheld the constitutionality of section 306 of the Administration of Criminal Justice Act with respect to the abolition of stay of proceedings in criminal trials in all federal courts. Again, defence counsel who conspired with their clients to frustrate the prosecution of corruption cases should be made to pay punitive cost while not more than two (2) lawyers, should appear in court for any of the parties in corruption cases. 139 As stated earlier, the legal establishment and creation of independent and special courts for the prosecution of corruption is the impetus and national response required at this time. The present writer is aware that as part of an anti-corruption policy, President Mohammed Buhari sent an executive bill for the establishment of a special court clothed with exclusive jurisdiction to try corruption cases, to the National Assembly. Although it was submitted over a year ago, the National Assembly has yet to pass the bill. To curb inordinate delays in our courts, which are congested with many other cases, it is imperative to pass the bill and establish the special court for corruption cases. Again, the second and final stanza of this project will be crucial action of the further amendment of the 1999 Constitution to raise the special court legal status to a court of superior record.
We recommend that the new Act establishing the Special courts should provide life imprisonment as punishment for the offence of corruption. The provision should be accentuated by injecting same provisions in the Constitution after the further amendment as proposed by this work.
Another recommendation is that government should ensure responsible and responsive management and application of resources for sustainable development. This will involve the collaboration of local governments, private sector, government. This collaboration will ensure that: 1) participation of the people at the local level where service delivery is essential. This is because projects and programmes must have local content and local population preference; 2) resources meant for the people at the lower level are not embezzled or siphoned to unapproved ventures in other places to detriment of the local people; 3) that there is transparency in the allocation and application of resources to agreed objectives and goals.
The end result of the above would be job creation, provision of education and good health-care, infrastructural development and decent environment.
On the issue of Fulani Herdsmen, we recommend a national programme/policy or legal framework for ranching across Nigeria. Cattle-breeding and rearing is an agricultural business which individuals engaged in it must be ready to make financial input into it. The present situation where cattle breeders and rearers add little or nothing into the trade and reap bountifully should be discouraged.
They should be ready to feed their cattle with their money just as poultry, fishery and other animal farmers buy land, build, confine and feed their animals in that closet. This is one sure way of curbing and deflating the tension and acrimony generated by herdsmen and farmers conflicts. More importantly, the security agencies must rise up to the occasion by arresting and prosecuting herdsmen that slaughter farmers and destroy their crops.