Money laundering
has become a thoughtful problematic challenge troubling the economic,
political, and also the social causes of Nigeria. In fact, this is
even further precise when it is stimulated by the context of corruption, which
is considered as a predominant syndrome in the country. The Nigerian government
has created a number of efforts in combating this devastating hostile. The
money laundering impact in exasperating banking institutions, and also within
corrupting the fiscal along with the socio-political scheme must not be taken
for granted.
Nigeria has
been facing many difficulties with a lot
of weaknesses impeding its democratic development. The economic,
as well as political concerns of criminal institutions as
well as money laundering, worsen its social values,
moral principles and the autonomous groundwork of the persons
as well. These illegal activities
concerns are destined to decline the easy movement to
an autonomous scheme. Furthermost crucially, money laundering is tangled to the main illegal activity that strains it. Laundering provides a
space designed for the illegal movement to display in
that way shaking
Nigeria’s public appearance commencing constructive switch to destructive.
However, throughout
the government’s acquiescence also advancement in a number of anti-money
laundering
rule in dynamism, a view at the falling
actions in the nationwide environment concentrates the apparent hard work
of the Nigerian government, in order to fight the money laundering. This
paper purposes of exposing the background of money laundering in Nigeria, the
development of money laundering policies in Nigeria, the impact of Nigerian
money laundering regime on the banking institutions along with the
effectiveness of regime in fighting the money laundering in the country.
Introduction of Nigerian Anti
Money Laundering Regime and Its Impact on the Banking Institutions and Its
Effectiveness in Combating Money Laundering
The Concept and Nature of Money
Laundering of Nigerian Anti Money Laundering Regime
Litrature Review of Nigerian
Anti Money Laundering Regime and Its Impact on the Banking Institutions and Its
Effectiveness in Combating Money Laundering
The Problem Statement of
Nigerian Anti Money Laundering Regime
The Impacts of Nigerian Money
Laundering Regime on the Banking Institutions
Expansion of Anti Money
Laundering Laws in Nigeria
- The exchange or handover of assets or property
resulting straight from illegitimate and illegal business activity;
- Producing otherwise receiving cash payments of
quantities more than the legal necessities;
- Partnership in obscuring or concealing the
sincere nature, source, effort or possession of the assets, property or privileges
derivative commencing the acts above;
- Recollecting the profits of illegal action; and
also
- Contriving to obligate or the assisting and
supporting of any crime underneath the Money Laundering Act.
The Effectiveness of Money
Laundering Regime in Nigeria Money laundering
is considered as the cover-up of the asset, nature, presence, position as well
as the disposition of money and/or material goods which attained illegitimately
or commencing any illegal activities like fraud, drug transferring,
prostitution, corruption and further big size of the crime. It defines as a
route in which the “dirty” money produced by illegal activities is transformed
over and done with the authentic business into numbers of assets that unable to
be simply hunted back to their illegitimate roots. In current eras, money
laundering had increase extraordinary gratitude and considered as one of the global
trends.
Research by Ogbodo and Mieseigha (2013) purposes
that, money laundering is supposed to be a thing it is due to it presents how
along with
money are placed
from side to side of a transactions cycle and washed so that it would give a
result as fresh or legal money. In simple words, it defines that the resource
of this type of reserve; which is unlawful money, hidden throughout a sequence
of transfers and transactions which make those similar funds is able to ultimately
be generated to look as decent money (Ogbodo & Mieseigha, 2013). The word “money
laundering” was mentions to by way of a practice in which money is attained illegitimately
either throughout stealing, drug dealing etc., and it is washed, and the result
will give the impression that the money comes commencing a valid resource. The foundation
of this money laundering is unable to be determined by any person. On the other
hand, there are quite a lot of thoughts mentioned that it began in the previous
thousand years by the Chinese traders (Chatain, Herndez-Coss, Borowik,
& Zerzan, 2008).
Another research
also suggested that, the expansion of money laundering was intended for line of
work and that Nigeria is considered as a state which has become the focus of
money laundering in the Africa region. Nigeria’s ancient record of corruption drives
far back when the persons were utilized as slaves to serve the British colony,
and as an autonomous. Nigeria is also known as a self-governing country which experiencing
the evolution as of a military autocracy to a autonomous structure of its government
subsequently more than
years of the military
statute. At this moment, along with the democratic structure of administration
in the country, money laundering is remained to be increased. With this amount
of images in Nigeria fiscal division, the law administration made a decision to
establish a governmental act named with The Money Laundering (Prohibition) Act 2004.
This act was trailed by dint of The
Central Bank of Nigeria (CBN) Anti-money laundering agreement manual procedures
commencing the Economic and Financial Crimes Commission (EFCC, 2003), and Independent
Corrupt Practices Commission (ICPC, 2000). The entire agencies were transformed
with the obligation of combating against the money laundering and putting into
practice of the entire rules which deal with the monetary and financial movements
in Nigeria (Idowu & Obasan, 2012).
According to Bartram Onyebuchi Agu, Ugwuomu Nike Enugu, and
O. Onwuka (2016), the impact of money laundering taking place on economic
development are problematic to be counted. On the other hand, it is clear that
this kind of activity is able to; make damage on the economic sector
institution which are vital toward the economic development, decreases the
productivity within economy’s actual segment by distracting the assets, and
also inspiring the criminal movements as well as corruption, which indeed, not
only slow the economic development, but also falsify the external economic
segment. The case of money laundering in Nigeria had degenerated in current
times, casing the appearance of innocent and diligent persons which still exist
in the country. Moreover, those money launderers pass through the bank in numbers
of countries along with their self-assurance that the rules and regulations in
that country would shelter them along with their illegal cash to the drawback
of those persons in scarcity by money launderers in which they are exasperating
the authentic business in Nigeria (Agu, Enugu, & Onwuka, 2016).
Sunday Alewo
Omale
(2016) purposed in his journal that, by tradition, the informal economy
structure was pronounced to entail the survivalist business activities.
Intrinsically, diverse negative characteristics were applied to represent the
form of the informal economy, which varying as of implicit labor, tax dodging,
free economic along with financial projects, illegitimate and criminal actions.
Conversely, significant
actions
provide legally formed products and services. Conversely,
activities are not essentially passed out with a
sensible reason to avoid tax payments as well as interfere with legislatures
and rules. Yet, the business activities can be composed of restricted illegitimate
and legal processes or lawful and asymmetrical operators. Nonetheless, there
are no criminal operatives. For example, in the West African district, the
is practically
in cash and product-focused.
For this reason,
the form of cash payment is considered to be the most standard system of buying
products, and also most frequently services as well. Based on the report from
the World Bank, across Africa, there are mentioned more than
of families
do not use the form of banking. In addition to this, in Nigeria, the Central
Bank of the state confirmed that only an appraised
of the people
there have their bank accounts. This, debatably, is accredited to a number of
factors mentioned as the religion and cultural blockades which have created a deficiency
of belief stuck between the banks and their native clients (Omale, 2016).
What's more, Omale
also said that the real activity in the country that are standards in the
segment reverse
the plain principles intended for banks on limpidity of economic activities as
well as the accounting practices. As a result, customary prospective clients
tend not to use fixed bank services. Slightly, some clients switch to a regionalized
economic structure as another alternative. Through this financial structure,
the shareholders within the informal segment activate savings and profit commencing
minor assets that tolerate them to produce prosperity in their local financial
prudence. With the expansion of this monetary linkage, an extensive quantity of
money gain access into the worldwide financial structure, and in that way, divulging
the informal segment along with its projects to money laundering adventures (Omale, 2016).
Egobueze, Anthony, and
Callistus U. Ojirika (2018) suggested that the victory of money laundering achievements has
extremely reached out its influence on the entire economic structures of
several emerging states across the world. Laundered money in due course streams
into the global economic structure in addition to the sequence of this route;
the states that participate in the worldwide economic structures are
unprotected to the occurrence of money laundering. Explaining on this
statistic, the former chairman of the Economic and Financial Crimes Commission
or EFCC Nigeria, Nuhu Ridadu, declared that, the quantity tangled within a
number of practices within worldwide economic and fiscal criminalities
exclusively corruption, are every so often so huge that it is even able to
impact both the veracity of domestic financial prudence as well as the
worldwide economic systems. As an instance, an appraised number of
was immorally
transferred commencing Nigeria in the middle of 1980s and 1999 (Egobueze
& Ojirika, 2018).
According
to Mungar
Divya Luxmi Devi (2017), the challenge that Nigeria has to
face is further in developing countries in which aimed at lack of accommodations
money laundering is unable to be easily identified by the law enforcement
organizations, and thus they rest on the collaboration of the banks. The
knowledge of the application along with the genuineness of government and the
readiness of the concern performers within the industry to adopt the economic
growth in whole, direct to the construction of a number of rule and policies
which intended at affecting in contradiction of such wicked criminal activities
without endangering the main importance of numerous shareholders within the
system. Therefore, the formation of the EFCC is to lead the combat against
money laundering and further associated criminal activities in Nigeria. In the
similar manner, Nigerian Banks need to trail the worldwide arrangement by
detect and report any business dealings of a disbelieving background to the economic
intellect division in the particular state along with educate their employees
in anti-money laundering, and educate to report the criminal actions which they
considered to be disbelieving (Devi, 2017).
Akin Olawale Oluwadayisi
and Moruf Oluwakayode Mimiko (2016) proposed that, the rules that
prevailing money laundering in Nigeria are mentioned such as; the
Money Laundering (Prohibition) Act, the Money Laundering
(Prohibition) (Amendment) Act (together, the Money Laundering Act), the
Economic and Financial Crimes Commission Act as well as the
Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of
Terrorism in Banks and Other Financial Institutions in Nigeria) Regulations.
The core features of these laws forbid some things, as mentioned below (Oluwadayisi & Mimiko, 2016):
Peter
Reuter
(2017) described that, in
the worldwide point, the Organization for Economic Co-operation and
Development or also known as OECD countries assisted the
formation of Financial Action Task Force (FATF) to provoke the threat of
money laundering spectacle. Ever since its formation, FATF has prospered in
initiating active events in fighting the money laundering threat. In addition
to this, the organization has also obstinately created concrete recommendations
on how nationwide legislatures allocating with the money laundering threat
should be made. Intrinsically, a number of countries, in reaction, have passed
their national laws accurately created to address the money laundering
criminality within their authorities (Reuter, 2017).
Mohammed O. Amali
(2016) mentioned in his journal that, the initial substantial
governmental extent in Nigeria was engaged in the year of 1989, with the
establishment of
, which transported Nigeria into the same line with
the
. On the other hand, in the year of 1995, at the
same time as under the military regulation, Nigeria passed the
. At that moment, the purposes of the Money
Laundering Decree were; to create convinced which is a textual track is left in
the entire money laundering transactions, over and done with banks, and also to
create nearer linkage amongst banks and the
through the purpose
of avoiding and tracking those money launderers. Until this scope, the verdict,
restricted the number of money dealings, in Nigeria, up to
in the
circumstance of a person and
in the context
of a business form (Amali, 2016).
Conversely, Selina
Keesoony
(2016) proposed in her journal that no matter the decree was
planned to solve the money laundering threat performs, there were obvious
excuses that influenced in contradiction of its effective application. In the
case of Nigeria, this is considered as not unpredicted, due to the
characteristic form of the legislature in the country barely takes the opinion
of the entire circumstances formerly before a decree is passed in the country.
This issue was further ostensible throughout the military regulation where
verdicts were passing out afterwards the meetings of the military-controlled
governing the congresses deprived of the governmental discussion. The vanity of
the verdict in fighting money laundering as well as a supposed idea of the state’s
party-political management’s reluctance or incapability to deal with the threat
directed to Nigeria presence located on the note of National Center
for Competency Testing or NCCT in
. In reply, the following democratic regime
significantly developed a readiness to address
absences within
the state, and also collaborate more with the Financial Action Task Force
(FATF). As a consequence, in 2002, December 14, Nigeria passed the
. In principle, the verdict developed the range of
the
with increasing
base violations intended aimed at money laundering commencing drugs toward some
type of criminality or illegitimate activity. The verdict is likewise extended specific
responsibilities to non-bank economic organizations and stretched the customer documentation
requests to take in persistent business dealings of
or further (Keesoony,
2016).
Moreover,
according to Otu
Offiong Duke, and Dickson David Agbaji (2017), Nigeria passed
over the
Economic and Financial Crime Commission (EFCC) (Establishment) Act on
December 2002. The EFCC was appointed in April 2003 and was responsible for
exploring the money laundering cases as of some establish crimes further than
drug trafficking and as well as carry out the money laundering regulation of
1995 (as adjusted in the year of 2002). The EFCC could be described as a
Nigerian law prosecution organization that explores economic crime activities
such as fee fraud as well as money laundering (Duke & Agbaji, 2017).
Petrus C. van Duyne,
Jackie H. Harvey, and Liliya Y. Gelemerova (2018) described that the EFCC was recognized in
the year 2003, to some extent in reply to the burden commencing the Financial
Action Task Force on Money Laundering (FATF), which entitled Nigeria on
the list of 23
states in the
global society’s exertions to combat money laundering. Up till now, the
Commission has achieved also still creating some successes in a number of parts
of its obligation. Amid others, it has documented numerous verdicts on money
laundering, corruption, oil pipeline damage and associated crimes. Resources and
money value more than
have been
recuperated commencing corrupt officers along with their associates. The
Commission is persistent with more than
cases at
progressive stages of action in numerous court of law in Nigeria and above
further cases
in court, plus, it has also protected above
verdicts. The
Commission effectively take legal action for one of the world’s largest fraud
cases comprising around
ascending commencing
a bank scam located in Brazil. It has enlarged the profits shape of the country
because of its partnership with the Federal Inland Revenue Service and the
Seaports and has recuperated profits exceeding
, (in excess of
) aimed at government (Duyne,
Harvey, & Gelemerova, 2019).
Ethelbert Okey Lawrence
(2016) mentioned in his journal that, there is no doubt that the
enactment of
in Nigeria
presents the hard work of government in fighting the money laundering cases that
exist in the country. On the other hand, these huge steps might be considered
to be less effective if the obstacle of law implementation is not handled with.
One thing to be noted that, the Act creates several supplies refers
to the revelation of evidence on economic dealings conducted by economic organizations along
with the drawbacks succeeding any break. Conversely,
it is quite unsure to which scope are the different guiding organizations could drive to implement these supplies,
plus, Nigerians have the
habit of decline regulations and rested on
the laws. Even in the case when they fail to
fulfil, the supervisory institutions have been acknowledged to act like
they do not notice that to the non-compliance.
This carries to power the nation of corruption bedeviling the country.
In this condition, there is weird teamwork among the
officers of non-obeying banks as well as the supervisory organizations (Lawrence,
2016).
Ahmed Isah Yanga, Garba
Ibrahim, and Iliya Bawa (2019) purposed in their journal that, another
essential Nigerian organization in the combat against money laundering
mentioned as the Independent Corrupt Practices Commission (ICPC), which
recognized in the year of 2000. Its core responsibilities are to inspect the
reports of some corrupt performs, to eliminate the corruption in the public
organizations, and also to educate the public in combating the corruption. The Independent
Corrupt Practices Commission (ICPC) also notes between its
responsibilities around the avoidance of corruption over and done with
revisions of systems, performs and process. At the same time as the EFCC is an
examination and tribunal organization which focused on the economic crime
activities, the Independent Corrupt Practices Commission (ICPC) has a bigger
obligation to grab corruption in every single form both by examination and
education. The amendments created to the legislature in the year of 2002
provided a better obligation to the Central Bank of Nigeria (CBN) in
handling the case of money laundering in the country. In specific, they permit
the governor bigger authority to interfere in the banking segment with a
purpose to defense assurance in the economic system completely. The Central
Bank of Nigeria (CBN) has also been specified a bigger function in
economic sector investigation, recognizing trends and corruption forms in banks
and further financial institutions. The Central Bank of Nigeria (CBN) has
engaged the entire commercial banks which located in Nigeria to make a report
of any transaction of an amount in excess of half a million naira or
. Then, the Central Bank of Nigeria (CBN) will
hand over all those reports to the National Economic Intelligence Committee
(NEIC) (Yanga, Ibrahim,
& Bawa, 2019).
References of
Nigerian Anti Money Laundering Regime and Its Impact on the Banking
Institutions and Its Effectiveness in Combating Money Laundering
Agu, B. O., Enugu, U. N., & Onwuka, O. (2016).
Combating money laundering and terrorist financing—The Nigerian experience. International
Journal of Business and Law Research.
Amali, M. O. (2016). Curbing
money laundering: global reception and implementation of international anti
money laundering standards-a case study on Nigeria.
Chatain, P.-L., Herndez-Coss,
R., Borowik, K., & Zerzan, A. (2008). Integrity in mobile phone
financial services: Measures for mitigating the risks from money laundering and
terrorist financing. The World Bank.
Devi, M. D. (2017). An
assessment of Anti-Money laundering mechanisms for politically exposed persons
in Mauritius.
Duke, O. O., &
Agbaji, D. D. (2017). The pursuit of good governance and the anti-financial
corruption blitz in Nigeria: A study of the Economic and Financial Crimes
Commission (EFCC)(2003-2016). Asian Research Journal of Arts & Social
Sciences.
Duyne, P. C., Harvey, J.
H., & Gelemerova, L. Y. (2019). The Critical Handbook of Money
Laundering: Policy, Analysis and Myths. Palgrave Macmillan UK.
Egobueze, A., &
Ojirika, C. U. (2018). Corruption and fiscal federalism in Nigeria: Analysis of
the federal budgetary process, 1999–2016.
Idowu, A., & Obasan,
K. A. (2012). Anti-money laundering policy and its effects on bank performance
in Nigeria. Business Intelligence Journal, 367-373.
Keesoony, S. (2016).
International anti-money laundering laws: the problems with enforcement. Journal
of Money Laundering Control , 130-147.
Lawrence, E. O. (2016).
The missing links: Towards the effective management and control of corruption
in Nigeria, Africa and the global South. International Journal of
Criminology and Sociology, 25-40.
Ogbodo, U. K., &
Mieseigha, E. G. (2013). The Economic Implications of Money Laundering in
Nigeria. International Journal of Academic Research in Accounting, Finance
and Management Sciences, 170-184.
Oluwadayisi, A. O.,
& Mimiko, M. O. (2016). Effects of money laundering on the economy of
Nigeria.
Omale, S. A. (2016). The
Effect of Cultural Norms and Values on Virtual Organizations’ Performance in
Nigerian Banking Sector. International Business and Management, 18-28.
Reuter, P. (2017).
Illicit financial flows and governance: The importance of disaggregation.
Yanga, A. I., Ibrahim,
G., & Bawa, I. (2019). Review of Democracy Values and Anti-Corruption
Campaign in Nigeria: An Issue for Electoral Integrity and National Development.
Pacific International Journal, 36-43.