Anti-corruption agencies form just one component of a government‘s anti-corruption strategy. As discussed previously, an effective strategy should undertake a holistic approach aimed at strengthening all pillars of a national integrity system.
Accordingly, it is difficult to isolate whether a reduction in corruption can be attributed to an anti-corruption commission or to other factors. Nevertheless, the literature has advanced a number of factors that contribute to the effective functioning of anti-corruption agencies. These include:190
i. Broad political support
ii. Manageable (medium) levels of corruption
iii. Clear mission, sufficient powers and performance measurement systems iv. Support from complementary branches of government
v. Economic stability (which reduces the incentives and opportunities for corruption)
vi. Adequate financial resources vii. Trained staff
viii. High standards of integrity on the part of leaders and staff ix. Independence and freedom from political interference
x. Public awareness and confidence
According to Khemani,191 it is worth singling out more specific factors related to those advanced in the literature. These include:
i. Adequate technological support
ii. A widely-respected and prolific head of the anti-corruption commission iii. Early success in cases and convictions
71 iv. Support from civil society organisations
In connection with adequate financial resources, the effectiveness of anti-corruption agencies also depends on adequate technological support; corruption investigations often require sophisticated interception of communications and surveillance devices, as well as financial intelligence software for the tracing of assets and the prevention and detection of advance fee fraud. In connection with high levels of integrity of staff and gaining public confidence, it is also worth noting the impact a widely respected and prolific head of an anti-corruption agency can have on its effectiveness and success.
The general public awareness and positive reputation of the former head of the Nigeria‘s EFCC, Nuhu Ribadu, played a significant role in the agency‘s relative successes.
Furthermore, an anti-corruption agency will be able to operate more effectively if it proves successful in securing convictions at an early stage; this will not only assist in gaining public confidence and greater political support, but will also strengthen its deterrent effect. Finally, it is crucial that anti-corruption agencies have strong partnerships with civil society organisations; this raises public awareness and creates a sense of ownership and empowerment that combating corruption is a society-wide endeavour. A strong relationship with civil society not only facilitates the detection and reporting of corruption, but also may importantly serve as a check to prevent political interference in the operations of an anti-corruption agency.
Another method of assessing whether anti-corruption agencies are effective is by looking at whether they suffer from one or more of what has been termed the
―Seven Deadly Sins:‖192 i. Political Sins:
a. A lack of genuine political commitment;
b. Weak anti-corruption efforts undertaken to feign compliance with international obligations and/or to simply placate donors and investors.
ii. Economic Sins:
a. Instability caused by a macro- or micro-economic factors that lead to instability;
b. A lack of funding and adequate resources of the anti-corruption commission.
iii. Governance Sins:
a. A lack of effective coordination with other branches of government;
b. A generally weak institutional environment.
iv. Legal Sins:
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a. Operation of the anti-corruption commission under a weak legal framework;
b. A weak system of Rule of Law, criminal justice system and judiciary.
v. Organisational Sins:
a. A weak organisational structure;
b. Neglect of certain functions and excessive focus on others.
vi. Performance Sins:
a. Unskilled and inexperienced staff;
b. Unrealistic benchmarks and objectives, creating unattainable public expectations.
v. Public Confidence Sins:
a. Weak public awareness and education campaigns;
b. Unestablished or weak relationships with civil society and the media.
What is to be reiterated here is that agencies dedicated to anti-corruption are likely to be established where corruption is perceived to be widespread, or where existing institutions cannot be adapted to develop and implement the necessary reforms, or where the existing institutions are themselves considered corrupt.193 However, not all countries have opted for specialised anti-corruption agencies or commissions. South Africa is one example that has opted for incremental improvements to existing structures for combating corruption. It has established an Anti-Corruption Co-ordination Committee to co-ordinate the work of the different agencies. The anti-corruption mandate has thus been divided between the police, the Auditor-General, the South Africa Revenue Services, the Public Service Commission and the key role lies with the National Prosecuting Agency.194
From the reviewed literature, it is a settled issue that corruption is now being viewed to have adverse effects on socio-political and economic well-being of any nation. There is an avalanche of research on the global dimension of corruption and agreement to curb it with the emergence of the UNCAC has been underscored. As matter of fact, various analytical and empirical frameworks have also been used to capture different dimensions of corruption. Corruption causes and effects and the need to strategise to overcome its menace through the establishment of anti-corruption agencies is non controversial in the related literature. However, there has been a dearth of research in the area of comparison of the UNCAC‘s corruption prevention prescription in the context of establishing anti-corruption agencies in sub-Saharan African countries since its emergence 2003 and coming into force in 2005. The extent to which the Convention has shaped the anti-corruption strategies of Kenya and
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Nigeria‘s agencies has not been fully explored. That is, there is paucity of comparative studies devoted to the evaluation of the nexus between the Convention and the strategies being used by the Kenya and Nigeria‘s anti-corruption agencies. The need to fill this observed gap duly motivated this research.