A Gap Analysis of Nigeria’s Anti-Corruption Legal Framework in Light of UNCAC Obligations

Nigeria ratified the United Nations Convention Against Corruption in 2004 and has undertaken several legislative and institutional reforms, yet academic assessment of the extent to which domestic anti-corruption legislation fully incorporates UNCAC obligations and meets the Convention's criminalisation, prevention, and asset recovery requirements remains incomplete. This study conducts a gap analysis of Nigeria's anti-corruption legal framework against UNCAC obligations across chapters two to five, covering preventive measures, criminalisation, international cooperation, and asset recovery. A systematic doctrinal analysis of all relevant anti-corruption statutes, institutional mandates, and UNCAC Implementation Review Group country reports from 2018 to 2022 was conducted. Structured interviews with 10 EFCC, ICPC, and Ministry of Justice officials supplement the doctrinal work. Results indicate that Nigeria has implemented UNCAC criminal liability requirements for active and passive bribery but falls short on the optional criminalisation of illicit enrichment and trading in influence. Asset recovery international cooperation mechanisms are legally available but underutilised, with only 12 percent of formally requested asset recovery cases resulting in actual repatriation. Prevention chapter implementation is weakest, particularly regarding political party financing transparency. The study fills an analytical gap in the UNCAC compliance literature for Nigeria and concludes that a systematic UNCAC implementation action plan with measurable timelines and institutional accountability is required. Recommendations include illicit enrichment criminalisation and a dedicated asset recovery judicial unit.

Keywords: UNCAC, anti-corruption, asset recovery, criminalisation, Nigeria