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Friday 27th November 2020,
Hope for Nigeria

LEARN THE LAW: STEALING AND CORRUPTION ARE NOT THE SAME.. – Barrister Emeka Ugwuonye, USA.

Emeka Learn the Law

 

DPA is an opportunity to share information, to learn from one another. In DPA, I expect members to quickly identify potentials and resources within the group. If in the group, you are a person interested in the movies industry, we expect you to identify people within the group who have made it in the industry and are willing to help you and you could learn from them.

If you are person interested in the law, we expect you to identify great lawyers in the group. If you are young entrepreneur in the group, we expect you to identify successful entrepreneurs in the group.

 

 

Emeka Learn the Law

There is one thing we really did not expect you to do, just because it would be foolish to do it. You are not expected to argue medicine with a medical doctor when you are not even a nurse. You are not expected to argue law with a lawyer when you lack even the basic training in the law.

Here, with 25 years in the law, I think I am in a position to explain to you the difference between stealing and corruption, especially if you are not a lawyer. Of course, you are not expected to be silent and take whatever I give you. But maybe you should ask questions, rather than try to teach a lawyer the meaning of any particular aspect of the law.

 

Again, I take the opportunity share with you the differences in the meanings of the terms “Stealing” and “Corruption”. If you are not trained in law, you may learn if you are wise. But also, you may teach me the law, I mean, your law.

 

LEGAL DEFINITION OF STEALING:

The act of taking something away from a lawful owner without that owner’s consent and with the taker having no legal right or justification for taking the thing.

 

In the history of the common law, the act of stealing was first known as larceny and robbery.

Gradually, the term was replaced, in most jurisdictions, by the term theft or, more rarely, the term ‘stealing’.

The 1816 edition of the law dictionary which has the stellar name of A Compendious and Comprehensive Law Dictionary Elucidating The Terms and General Principles of Law and Equity defines stealing in a circular fashion as follows:

“In the fraudulent taking away of another man’s goods, with an intent to steal them, against or without the will of him whose goods they are.”

 

LEGAL DEFINITION OF CORRUPTION:

CORRUPTION. An act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but is more comprehensive; because an act may be corruptly done, though the advantage to be derived from it be not offered by another.

 

What is CORRUPTION?

Illegality; a vicious and fraudulent intention to evade the prohibitions of the law. The act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself or for another person, contrary to duty and the rights of others. U. S. v. Johnson (C. C.) 20 Fed. 082; State v. Ragsdale. 59 Mo. App. 003; Wight v. Rindskopf, 43 Wis. 351; Worsham v. Murchison, 00 Ga. 719; U. S. v. Edwards (C. C.) 43 Fed. 07.

 

Law Dictionary: What is CORRUPTION? definition of CORRUPTION (Black’s Law Dictionary)

In their 1910 law dictionary, authors Shumaker and Longsdorf described corruption as:

“… an act done with intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery but is more comprehensive because an act may be corruptly done, though the advantage to be derived from it may be offered by another.”

 

In her 2011 article on corruption published in the Canadian law journal, The Advocate, Karen Katz writes;

“Corruption is understood to be the exploitation of a position of trust, typically in the public sector, in order to receive a private gain, which may or may not be financial.

“Corruption is not a simple issue of right and wrong, and conditions that encourage public officials to seek out or accept corruption include (a) the expected gains from undertaking a corrupt act exceed the expected costs and (b) little weight is placed on the costs that corruption imposes on others.

“The most common form of corruption is bribery….”

 

In their 2000 article, Huther and Shahl suggest:

“… three broad varieties of corruption … (a) bureaucratic or petty corruption – vast number of public officials (bureaucrats and politicians) abusing public office often extracting small bribes or favors; (b) grand corruption – theft or misuse of vast amount of public funds by a relatively small number of officials; and (c) state capture or regulatory capture – collusion among public and private agents for private benefit.

 

“(C)orruption will only take place when officials expect to derive net positive benefit from the transaction.”

In Nixon v Shrink Missouri Gove, Justice Souter of the United States Supreme Court used these words:

“Corruption is a subversion of the political process. Elected officials are influenced to act contrary to their obligations of office by the prospect of financial gain to themselves or infusions of money into their campaigns.”

 

 

 

 

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