An Assessment of Corruption-Related Legal Provisions and Corporate Compliance Obligations in Nigeria

Corruption remains one of the most significant legal and ethical challenges facing Nigerian businesses, and the enforcement of anti-corruption statutes including the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Act, and the Money Laundering Act against corporate entities raises important questions about criminal corporate liability and compliance obligations. This study assesses how these anti-corruption statutes apply to corporate actors, examining corporate criminal liability doctrines, mandatory compliance programme requirements, and whistleblower protections. A doctrinal analysis was combined with interviews of 20 compliance officers and legal practitioners in Lagos, Abuja, and Kano. Review of EFCC and ICPC enforcement actions involving corporate defendants from 2019 to 2023 was conducted. Results indicate that corporate criminal liability for corruption is rarely prosecuted due to evidential challenges and prosecutorial resource constraints. Compliance programme requirements are absent from most anti-corruption statutes, making voluntary corporate compliance entirely discretionary. Whistleblower protections are legally weak, deterring internal reporting. The study concludes that anti-corruption reform in Nigeria requires mandatory corporate compliance programme legislation, deferred prosecution agreement frameworks, and effective whistleblower incentive schemes. Recommendations include a Corporate Anti-Corruption Compliance Act, EFCC deferred prosecution agreements pilot programme, and amendment of the EFCC Act to provide financial rewards for information leading to corruption conviction.

Keywords: anti-corruption law, corporate compliance, EFCC, ICPC, whistleblower protection