THE POLITICAL PROHIBITION CLAUSE OF THE WORLD BANK CHARTER AND THE LEGAL IMPLICATIONS FOR THE FIGHT AGAINST CORRUPTION IN AFRICA

Franck Maxime Yankam Lemdjo

INTRODUCTION

Article 4(10) of the World Bank Articles of Agreements (hereafter referred the World Bank Charter) adopted in 1944 prohibits World Bank staff from taking political factors into account in their operations and loans decisions for projects of development. Article 4(10) has been at the heart of a sound debate that is reviewed in this paper in relation to human rights and corruption. The discussion is a step further of the colloquium referred as the “Justice and Development Week” organised in November 2010 by the World Bank Legal Vice Presidency Law held in Washington- USA. The purpose of that international meeting was to examine the political prohibition clause in International Development Finance. One of the issues raised during the seminar was the interpretation of the World Bank Charter particularly its Article 4(10). This article discusses the matter and focuses mainly on major issues of the political clause: First, the historical reasons of the insertion of the political prohibition clause in the World Bank Charter and the arguments in support of as well as in opposition to such a restrictive approach by the Bank to engaging with corruption and human rights issues. Second, an analytical discussion of the Bank’s economic perspective and exclusive definition to corruption followed by the legal discrepancies of such a regime of sanctions in comparison with those set by UN and AU anti-corruption conventions.

Keywords: International Agencies, Articles of Agreement, Political prohibition clause, Fight against Corruption.

DOI: https://dx.doi.org/10.4314/jsdlp.v11i2.5

LL.B, LL.M, PhD Fellow.

CONSTITUTIONAL IMMUNITY CLAUSE AND THE FIGHT AGAINST CORRUPTION IN NIGERIA

Sesan Fabamise*

ABSTRACT

One of the most pressing debates in Nigeria today is on the continued retention, or removal, of the immunity clause enshrined in section 308 of the 1999 Constitution of the Federal Republic of Nigeria. Some scholars canvass for the removal of the immunity clause because its retention, they argue, appears ironic in view of the stance of the government to rid governance of corrupt practices, including misappropriation of public funds. Others have called for its retention while another set of scholars further ask that it be extended to the leadership of the National Assembly and the States Houses of Assembly. This latter group has said that the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker as well as the Speakers of the States Houses of Assembly and their Deputies should be granted immunity under the Constitution. This article discusses the immunity clause and its sphere, extent and limits as it relates to the officers protected, the arguments for and against its retention in the Constitution, as well as state practices in other jurisdictions.It concludes that it is expedient to retain the clause, but the call in some quarters to expand it to cover the leadership of the National Assembly and States Houses of Assembly is not viable.

Keywords: Corruption, immunity, Constitution, sustainable development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.8

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* LL.B (Lagos), LL.M (Lagos) Associate Professor and Head of Department, Public and International Law, College of Law, Afe Babalola University Nigeria.

THAT THIS PROFESSION MAY NOT DIE: THE NEED TO FLUSH OUT MISCREANTS FROM THE NIGERIAN LEGAL PROFESSION

Ibrahim Tanko Muhammad*

ABSTRACT

One of the key hindrances to sustainable development and economic growth in Nigeria is the problem of corruption. For many years, discussions on corruption inevitably focused on political abuse of powers and privileges and wanton disregard of the rule of law. Events of the last decade however sadly reveal that corruption, nepotism, and indiscipline have equally taken prominent places in the Nigerian legal profession, ranging from the bar, bench and the legal academia. Most alarming is the geometric rise in instances of corruption in our higher institutions of learning; ranging from prevalent sharp practices in admissions, examinations, research, teaching, tenure and academic promotions. This paper examines the challenges of endemic and systemic corruption in the Nigerian legal profession. The paper adopts a crosscutting approach to discuss how perennial instances of corruption threaten the nobility and growth of the Nigerian legal profession. It proposes a holistic purging of the bench, practicing bar, and the legal academia to name, shame and expel miscreants, in order to restore the age long discipline and dignity of the Nigerian legal profession.

Keywords: Corruption, legal profession, lawyers, universities, education

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* Hon. Justice of the Supreme Court of Nigeria, Ph.D, JSC, CFR, FCIArb, FNIALS, FCLM. Paper presented at the 48th Annual Conference of the Nigerian Association of Law Teachers (NALT), held at the Afe Babalola University, Ado – Ekiti, Ekiti State (31st May – 5th June, 2015),

WORKABILITY OF THE NORMS OF TRANSPARENCY AND ACCOUNTABILITY AGAINST CORRUPTION IN NIGERIA

Simeon Igbinedion*

ABSTRACT

This paper discusses the workability of the existing norms of transparency and accountability in the battle against corruption in Nigeria. Incontrovertibly, high level corruption pervades every nook and cranny of the country to the detriment of its citizens. Although anti-corruption norms exist in the Nigerian legal order, high profile corruption remains endemic, suggesting that the norms are unworkable. This paper argues that the unworkability of transparency and accountability norms in Nigeria is largely attributable to the contradictions, inconsistencies or deficiencies inherent therein. Consequently, the paper suggests ways of putting the norms to work against corruption in Nigeria.

Keywords: Corruption, Governance, Sustainable Development

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* LL.B, B.L, LL.M, Ph.D: Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Lagos; E-mail: sigbinedion@unilag.edu.ng. I am grateful to the two anonymous referees who reviewed and offered useful comments on the earlier draft of this article.