1 Osipitan, T and Oyewo, O “Legal and institutional framework for combating corruption in Nigeria” in Akanki, E (ed) Unilag Readings in Law (1999, University of Lagos) 257Google Scholar; T Osipitan, O Oyewo and K Amusa “Structuring measures against corruption for sustainable development” in Proceedings of the 38th Annual Conference of the Nigerian Association of Law Teachers, with the theme “National security, economy and corporate existence of Nigeria”, held at the Faculty of Law, Lagos State University, Ojo, Lagos (23–26 April 2002) 329 at 339; Ibidapo-Obe, A “A legal analysis of the Nigerian Corrupt Practices and Other Related Offences Act, 2000” (2003) 2 University of Ado-Ekiti Law Journal 403Google Scholar; Ali, Y “An overview of the Corrupt Practices and Other Related Offences Act 2000” (2003) 1 Nigerian Bar Journal 37Google Scholar.

2 Okonkwo, COOkonkwo and Naish: Criminal Law in Nigeria (2nd ed, 1992, Spectrum Books Limited)Google Scholar at 355.

3 Akinseye-George, YLegal System, Corruption and Governance in Nigeria (2000, New Century Law Publishers Ltd)Google Scholar at 47.

4 See Bello, A “What is wrong with bribery? A comparative analysis of United Kingdom and Nigerian anti-bribery statutes” (2012) Commonwealth Law Bulletin 81: OI:10.1080/03050718.2012.744439Google Scholar. A summary statement of what is wrong with bribery is presented in the “Bribe and bribery” section of this article.

5 Id at 22–29.

6 Sched to the Criminal Code Act, Laws of the Federation of Nigeria (cap C38) 2010.

7 For extensive analysis of the problems associated with the definition of bribery under the Criminal Code and the ICPC Act and the reasons for recommending the definition of bribery under the UK Act, see id at 30–56.

8 UK Act, sec 1.

9 Id, sec 2.

10 Id, sec 3.

11 Id, sec 4

12 Id, sec 5.

13 Chambers 21st Century Dictionary (1999, Cambridge University Press)Google Scholar at 564.

14 Camenisch, P “Gift and gratitude in ethics” (1981) 9 Journal of Religious Ethics 1Google Scholar.

15 Available at: <www.dictionary.reference.com/browse/gift> (last accessed 7 July 2012).

16 Camenisch “Gift and gratitude”, above at note 14 at 5.

17 Malinoswski, BArgonauts of the Western Pacific (1922, Routledge Kegan Paul Ltd)Google Scholar at 176.

18 The Trobriand Islands (officially known today as the Kiriwina Islands) are a 450 km² archipelago of coral atolls off the eastern coast of New Guinea. They are part of the nation of Papua New Guinea and are situated in Milne Bay Province.

19 Malinoswski Argonauts of the Western Pacific, above at note 17 at 177.

20 Ibid.

21 Ibid.

22 Laidlaw, J “A free gift makes no friend” (2000) 6 The Journal of the Royal Anthropological Institute 617CrossRefGoogle Scholar at 618.

23 Ibid. See also on the notion of free gift: Parry, J “The gift, the Indian gift and the ‘Indian gift’” (1986) 21/3Man 453CrossRefGoogle Scholar; and Venkatesan, S “The social life of a ‘free’ gift” (2011) 38/1American Ethnologist 47CrossRefGoogle Scholar.

24 Malinoswski, BCrime and Custom in Savage Society (1926, Kehan Paul, Trench, Trubner & Co Ltd)Google Scholar at 40.

25 Mauss, MThe Gift: Forms and Functions of Exchange in Archaic Societies (translated by Cunnision, I) (1969, Cohen & West Ltd)Google Scholar.

26 Id at 70.

27 Id at 40.

28 Id at 2.

29 Id at 3–5.

30 See “potlatch” in Wikipedia (the Free Encyclopaedia), available at: <en.wikipedia.org/wiki/Potlatch> (last accessed 7 July 2012).

31 Mauss The Gift, above at note 25 at 3.

32 Id at 8 and 11.

33 Id at 8.

34 Id at 10.

35 Parry “The gift, the Indian gift”, above at note 23 at 455.

36 Panoff, M “Marcel Mauss' The Gift revisited” (1970) 5/1Man 60CrossRefGoogle Scholar at 60.

37 Laidlaw “A free gift makes no friend”, above at note 22 at 626.

38 Sherry, J Jr “Gift giving in anthropological perspectives” (1983) 10/2Journal of Consumer Research 157CrossRefGoogle Scholar at 157.

39 See Smith, M “Historical and cultural conditions of corruption among the Hausa” (1964) 6/2Comparative Studies in Society and History 164CrossRefGoogle Scholar at 171, 176 and 183, where the author drew a link between various accounts of bribery and gift practices in pre-colonial, pre-Fulani Jihad northern Nigeria, and post Fulani Jihad northern Nigeria. See also Brownsberger, W “Development and government corruption: Materialism and political fragmentation in Nigeria” (1983) 21/2Journal of Modern African Studies 215CrossRefGoogle Scholar at 216, where it was noted that: “Too related customs have often been seen as corrupt when they appear in a modern context: gift-giving as an expression of goodwill and respect towards partners and consensual leaders, and tributes”. See also Ekpo, MBureaucratic Corruption in sub-Saharan Africa: Towards a Search for Causes and Consequences (1979, University Press of America)Google Scholar at 164–65, arguing that corruption in Nigeria is in fact a continuation of traditional gift-giving practice and that: “It becomes quite plausible to suggest that corruption in the country derives its ethical legitimation substantially from the ‘recrudescent’ tradition of gift-giving.” See also de Sardan, J Olivier “A moral economy of corruption in Africa” (1999) 37 The Journal of Modern African Studies 25CrossRefGoogle Scholar at 38–40.

40 See Diamond, L “Nigeria's perennial struggle against corruption: Prospect for the Third Republic” (1993) 7 Corruption and Reform 215Google Scholar at 220 where he made the following argument about the problem of corruption: “The fundamental mistake to date has been the assumption that the problem is rooted in political culture. There is an entrenched culture of corruption in Nigeria, but it is not the cause of the problem. Corruption has flourished because of perverse incentives that only structural change can remedy.” See also Akinseye-George Legal System, Corruption and Governance, above at note 3 at 7, arguing that the “abuse, by individuals, of a legitimate cultural practice is by no means indicative of such a practice”.

41 See Fadipe, NThe Sociology of the Yoruba (1970, Ibadan University Press)Google Scholar at 74–75; Johnson, SThe History of the Yorubas (1921, CMS Nigeria Bookshops)Google Scholar at 114; and Talbot, PThe Peoples of Southern Nigeria (1969, Frank Cass & Co Ltd)Google Scholar at 440–45.

42 The New Yam Festival is a religious ceremony that marks the beginning of the harvesting of yams and provides an opportunity to thank the gods for the harvest.

43 The Egungun festival is a ceremony to herald the coming of masquerades which the Yoruba ethnic group believe to be heavenly beings visiting the earth.

44 Amusa, K “An examination of bribe-taking and customary gifts by public officers in Nigeria” (1997) 2 Ogun State University Law Journal 97Google Scholar at 103.

45 July, RPrecolonial Africa: An Economic and Social History, (1975, Charles Scribner's Sons)Google Scholar at 166–67.

46 Austin, G and Huang, L “Metaperception, reciprocity, generosity and anxiety: Consumer ambivalence and gift card use” (2011) 5 Journal of Marketing Development and Competitiveness 11Google Scholar at 11.

47 Gouldner, A “The norm of reciprocity” (1960) 25 American Sociological Review 161CrossRefGoogle Scholar.

48 M Salisu “Corruption in Nigeria” (Lancaster University Management School working paper 2000/006), available at: <http://eprints.lancs.ac.uk/48533/1/Document.pdf> (last accessed 3 August 2012) at 6.

49 Leys, C “What is the problem about corruption” (1965) 3 The Journal of Modern African Studies 215CrossRefGoogle Scholar at 225.

50 Fasiku, G “Yoruba proverbs, names and national consciousness” (2006) 1 The Journal of Pan African Studies 50Google Scholar at 51.

51 Kazeem, F “The logic in Yoruba proverbs” (2010) 2 Itupale Online Journal of African Studies 1Google Scholar at 4.

52 The Igbo ethnic group is found predominantly in the south-eastern part of Nigeria.

53 Babade, TAkojopo Ijinle Owe Yoruba Pelu Itumo at Ilo Won Ni Ede Geessi [A collection of Yoruba proverbs with their translation and usage in English language] (2008, Yoruba Proverbs Research Project Publications)Google Scholar at 226.

54 Id at 20.

55 Onwudufor, FMmanu E Ji Eri Okwu [The oil with which words are eaten] (2007, Snaap Press Ltd)Google Scholar at 20.

56 Babade Akojopo Ijinle, above at note 53 at 187.

57 Id at 415.

58 See Auwal, N “A Hausa vocabulary on corruption and political oppression” (1987) 1 Corruption and ReformGoogle Scholar at 293–96, cited in Akinseye-George Legal System, Corruption and Governance, above at note 3 at 8.

59 E Okpanachi “Building peace in a divided society: The role of civil society in Muslim-Christian relations in Nigeria” at 15, available at: <http://shur.luiss.it/files/2009/06/okpanachi.pdf> (last accessed 19 July 2012). RIJ Hackett “Managing or manipulating religious conflict in the Nigerian media” at 2, available at: <http://web.utk.edu/~rhackett/2edin.book.end.pdf> (last accessed 7 July 2014).

60 The Hadith is composed of the sayings and deeds of Prophet Mohammed that were accepted by believers as the guidelines for being a good Muslim; see Duzbakar, O “Bribery in Islam-Ottoman penal codes and examples from the Bursa Shari'a Court records of 18th century”(2009) 51 Bilig 55Google Scholar at 61.

61 Rosenthal, F “Gifts and bribes: The Muslim view” (1964) 108 American Philosophical Society 135Google Scholar at 135.

62 Ibid.

63 Ibid.

64 See Surah 5:42–46, 62–67 and 63–68.

65 Al-Hilali, M and Khan, MInterpretation of the Meanings of The Noble Quran in the English Language (2009, Darussalam)Google Scholar at 52.

66 S Abu Dawud Hadith No 3573, quoted in Samah, S, Jusoff, K, Nor, M and Suliaman, I “Prophetic best practices in business for human and capital development” (2011) 1(1) Global Journal Al-Thaqafah 1Google Scholar at 12–13, available at: <http://site.gjat.my/clients/gjatmy/Downloads/GJAT3Siti116201293234PM1.pdf> (last accessed 7 July 2014).

67 Ibid.

68 Rosenthal “Gifts and bribes”, above at note 61 at 136.

69 Ibid.

70 Id at 137.

71 Duzbakar “Bribery in Islam-Ottoman penal codes”, above at note 60 at 63.

72 Ibid.

73 Ibid.

74 Ibid.

75 Ibid.

76 Quoted from Rosenthal “Gifts and bribes”, above at note 61 at 136.

77 Ecclesiastes 7:7. All references are to the King James version of the Bible.

78 Proverbs 15:27.

79 Proverbs 17:23.

80 Deuteronomy 16:19, I Samuel 12:3 and Exodus 23:8.

81 Amos 5:12 and I Samuel 8:3.

82 Deuteronomy 10:17–18.

83 Noonan, J “Bribery” (1985–87) 2 Notre Dame Journal of Ethics and Public Policy 741Google Scholar at 743.

84 See Fadipe The Sociology of the Yoruba, above at note 41 at 74–75; Johnson The History of the Yorubas, above at note 41 at 114; and Talbot The Peoples of Southern Nigeria, above at note 41 at 440–45.

85 K Millar “Gift exchange and reciprocity: The burdens and the benefits”, available at: <http://www.societyandself.com/gift-exchange-and-reciprocity---the-burdens-and-the-benefits.html> (last accessed 25 July 2012).

86 Ibid.

87 Levi-Strauss, CThe Elementary Structure of Kinship (1969, Beacon Press)Google Scholar at 56.

88 Millar “Gift exchange and reciprocity”, above at note 85.

89 Ibid.

90 J Bruck “The evolution of gift giving” (18 August 2009) at 6, available at: <http://www.freeebay.net/site/index.php?option=com_content&task=view&id=430&Itemid=99999999> (last accessed 7 July 2014).

91 Moschetti, G “The Christmas potlatch: A refinement on the sociological interpretation of gift exchange” (1979) 12 Sociological Focus 1CrossRefGoogle Scholar at 2.

92 Ibid.

93 Id at 3.

94 Ibid.

95 Millar “Gift exchange and reciprocity”, above at note 85.

96 1999 Constitution, sec 15(5).

97 (2002) 27 WRN 1.

98 1999 Constitution, 5th sched.

99 The Code, para 6(1).

100 Id, para 6(3).

101 “Clintons return White House furniture” (8 February 2001) ABC News, available at: <http://abcnews.go.com/Politics/story?id=121856> (last accessed 7 July 2014).

102 The Code, para 6(3).

103 Chambers 21st Century Dictionary, above at note 13 at 330.

104 (1961) I All NLR 304 at 309.

105 Sec 131 of the Evidence Act 2011 imposes a burden on any person who desires a court to give judgment on the existence of facts which he asserts to prove that those facts exist or that the custom qualifies for judicial notice under sec 122(2)(i) of the act.

106 Akinseye-George Legal System, Corruption and Governance, above at note 3 at 50.

107 Ibid.

108 Amusa “An examination of bribe-taking”, above at note 44 at 103.

109 Igbo, E “Corruption in Nigeria: Patterns and trends” in Alemika, EO and Chukwuma, I (eds) Crime Victimization, Safety and Policing in Nigeria (2011, Malthouse Press Limited)Google Scholar 4 at 104.

110 For a discussion of the evolution of anti-bribery laws in England, see Bello “What is wrong with bribery?”, above at note 4 at 30–38. See also art 11(1) of the African Union Convention on Preventing and Combating Corruption and art 21(a) and (b) the United Nations Convention Against Corruption, which impose obligations on state parties to criminalize bribery involving private sector entities.

111 See Bello, id at 52–57.

112 For a detailed analysis of the provisions of the Criminal Code, Penal Code 1959, Sharia codes and the ICPC Act on the offence of bribery, see id at 44–55.

113 See Criminal Code, secs 98(1), 98A and 98B.

114 ICPC Act, secs 8(1), 9(1) and 10(1).

115 Sec 1(3) of the 1999 Constitution provides: “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”

116 (2002) 27 WRN 1.

117 See id at 176–77.

118 For a detailed discussion of the importance of this decision in the crusade against corruption in Nigeria, see Bello, A “In the anti-corruption case: Constitutional and other matters arising” (2010) 1 The Appellate Review 171Google Scholar.

119 The court however declared the provisions of secs 26(3) and 35 to be unconstitutional, null and void; see the leading judgment delivered by Uwais CJN (as he then was), above at note 116 at 81–82.

120 See the section of this article on “Bribe and bribery”.

121 See the section of this article on “Gift-giving and anti-bribery statutes”.

122 (1968) 3 All ER 304 at 310.

123 AUCC was adopted in Maputo on 11 July 2003 and entered into force on 5 August 2006.

124 The UN General Assembly adopted UNCAC by res 58/4 of 31 October 2003 and it entered into force on 14 December 2005.

125 UNCAC was signed by the Nigerian government on 9 December 2003 and ratified on 14 December 2004; see <http://www.unodc.org/unodc/en/treaties/CAC/signatories.html> (last accessed 10 February 2013). The Nigerian government signed AUCC on 16 December 2003 and ratified it on 29 September 2006; see: <http://www.au.int/en/sites/default/files/Corruption_0.pdf> (last accessed 7 July 2014).

126 UNCAC, art 65(1).

127 Id, art 65(2).

128 AUCC, art 5(1).

129 See generally AUCC, arts 4, 5(1), 6, 8 and 11 and UNCAC, chap III.

130 The precise nature of the relationship between international law and municipal law is a subject of at least two principal theories: dualism advanced by positivists and monism. The positivists posited the doctrine of transformation which requires that, before any rule or principle of international law can have any effect within a domestic jurisdiction, it must be expressly and specifically “transformed” into municipal law. See generally Umozurike, UOIntroduction to International Law (1993, Spectrum Books)Google Scholar at 29 and Shaw, MInternational Law (1997, University Press)Google Scholar at 100.

131 In the UK, a treaty is not part of English law unless and until it been incorporated into the law by legislation; see Lord Oliver's statement in the House of Lords in Maclaine v Department of Trade and Industry [1989] 3 All ER 523 at 531 and Sinclair, I “The principles of treaty interpretation and their application by the English courts” (1963) 12 International & Comparative Law Quarterly 508CrossRefGoogle Scholar.

132 1979 Constitution, sec 12(1).

133 See generally A Oyebode Treaty Making and Treaty Implementation in Nigeria: An Appraisal (PhD thesis) (1988, York University Toronto); Oyebode, A “Nigeria-Niger Joint Commission for Cooperation” in International Law and Policy: An African Perspective (2003, Bolabay Publications) 171Google Scholar at 175; and Umozurike, U “The African Charter and national laws: The issue of supremacy” in Nweze, CC and Nwankwo, O (eds) Current Themes in the Domestication of Human Rights Norms (2003, Fourth Dimension Publishing Co Ltd)Google Scholar 25 at 25 and 37.

134 [2001] 51 WRN (SC) 29.

135 The legislation criminalizing corruption in Nigeria enacted before 2003 is: (i) Criminal Code, sched to the Criminal Code Act 1916, now contained in cap C38 Laws of the Federation of Nigeria 2004, chap 12 and similar provisions contained in the Criminal Code, sched to the Criminal Code Laws of the States in Southern Nigeria; (ii) the Penal Code of the States in Northern Nigeria; (iii) Corrupt Practices and Other Related Offences Act No 5 of 2000, now contained in cap C31 Laws of the Federation of Nigeria 2004; (iv) The Economic and Financial Crimes Commission (Establishment) Act No 5 of 2002; and (iv) the Money Laundering Act, No 3 of 1995 which was repealed and replaced by the Money Laundering (Prohibition) Act No 7 of 2003. The following legislation was enacted after 2003: (i) Economic and Financial Crimes Commission (Establishment) Act 2004; (ii) Money Laundering (Prohibition) Act 2004; (iii) Money Laundering (Prohibition) Act 2011; and (iv) The Criminal Law of Lagos State 2011.

136 AUCC, art 4(1)(a) and (b).

137 Snider, T and Kidane, W “Combating corruption through international law in Africa: A comparative analysis” (2007) 40 Cornell International Law Journal 691Google Scholar at 720.

138 UNCAC, art 15 on “Bribery of national public officials”.

139 AUCC, art 11(1).

140 UNCAC, art 21(a) and (b).

141 AUCC, art 1(1).

142 Bello “What is wrong with bribery?”, above at note 4 at 20.