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LOCAL GOVERNMENT AND THE LAW IN SOUTHERN NIGERIA

NCJ Number
63815
Journal
JOURNAL OF ASIAN AND AFRICAN STUDIES Volume: 2 Issue: 1-2 Dated: (JANUARY-APRIL 1967) Pages: 26-43
Author(s)
S OTTENBERG
Date Published
1967
Length
18 pages
Annotation
THE CORRUPTIVE ASPECTS OF LOCAL GOVERNMENT IN SOUTHERN NIGERIA ARE PRESENTED TO ILLUSTRATE FAILURE IN APPLYING NEW LAW TO A DEVELOPING AREA AND AN INABILITY TO CREATE EFFECTIVE CONTROL AND SELF-REGULATION.
Abstract
A HYPOTHETICAL MODEL OF LOCAL GOVERNMENT WAS TRANSPLANTED FROM ENGLAND TO SOUTHERN NIGERIA DESPITE THE COUNTRY'S RADICALLY DIFFERENT CULTURAL MILIEU AND HISTORICAL BACKGROUND. THIS SYSTEM OF COUNCILS (MUNICIPAL, URBAN COUNTY, COUNTY, AND LOCAL) MADE NO CONCESSIONS TO TRADITIONAL CULTURAL PRACTICES. INEFFECTIVENESS, INEFFICIENCY, AND MISMANAGEMENT OF FUNDS, PROJECTS, AND CONTRACTS HAVE LED THE COUNCILS TO BE VIEWED WITH CYNICISM BY THE LOCAL PUBLIC AS ORGANIZATIONS WHERE INDIVIDUALS CAN MAKE USE OF PUBLIC OFFICE AND AUTHORITY FOR THEIR PRIVATE ADVANTAGE AND GAIN. A POSSIBLE EXPLANATION OF SOUTHERN NIGERIA GOVERNMENT CORRUPTION IS TO VIEW IT AS A CONSEQUENCE OF THE INTERACTION OF TWO SYSTEMS OF SOCIAL RELATIONSHIPS THAT ARE MARKEDLY DIFFERENT--THE IMPORTED LEGAL SYSTEM AND TRADITIONAL NIGERIAN CULTURE. THE S.F. NADEL APPROACH STUDIES THE WAYS SOCIETY PATTERNS INDIVIDUAL BEHAVIOR, PARTICULARLY THROUGH FORMS OF SELF-REGULATION. TWO POINTS IMPORTANT TO SELF-REGULATION ARE VALUES AND INSTRUMENTAL NEXUS--A TENDENCY IN PRIMITIVE SOCIETIES FOR SOME OF A PERSON'S ROLES TO BE LINKED IN TERMS OF PRESTIGE AND STATUS SO THAT AN INDIVIDUAL'S DEVIATION FROM THE NORM IN ONE OF THESE ROLES INFLUENCES HIS STATUS IN OTHERS. SANCTIFICATION THEN ALLOWS SUPERNATURAL VALUES TO ACT AS CONSTRAINTS FOR DEVIANT BEHAVIOR. WHEN SPECIFIC FORMAL SANCTIONS ARE INVOLVED, THE AIM IS TO REHABILITATE RATHER THAN TO SEVERELY PUNISH OFFENDERS. SO-CALLED 'CORRUPTION' ARISES WHEN THE IMPORTED GOVERNMENT DISTURBS THE TRADITIONAL SOCIETY'S SELF-REGULATION. FOR EXAMPLE, THE NEW GOVERNMENT SAW THE PATTERN OF GIVING GIFTS IN EXCHANGE FOR SPECIAL SERVICE, EXPLICIT AND HIGHLY VALUED IN TRADITIONAL SOUTHERN NIGERIAN SOCIETY, CARRIED OVER INTO THE MODERN LOCAL POLITICAL SPHERE WERE IT IS NOW LARGELY ILLEGAL, EVEN IF ONLY TECHNICALLY SO. FROM ANOTHER PERSPECTIVE, MEMBERS OF THE SUBORDINATE POLITICAL TRADITION MAY CONSIDER THEIR FELLOW MEMBERS' ACTIONS AS CORRUPTION INSOFAR AS THEY USE MODERN STYLES OF POLITICAL BEHAVIOR AND DEVIATE FROM TRADITIONAL ONES. THUS CONFLICTS OVER POLITICAL BEHAVIOR ARE UNAVOIDABLE AS INDIVIDUALS INTERPRET LAW IN TERMS OF THEIR OWN POLITICAL AND CULTURAL EXPERIENCE. SUCH TENDENCIES SHOULD BE APPARENT TO LAWMAKERS IN DEVELOPING AREAS. (MHP)

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