Monday, March 03, 2003
Enacted by the National Assembly of the Federal
Republic of Nigeria
Short Title
1. This Act may be cited as “Anti-Corruption
Commission Act, 2003
Interpretation
In this Act-
Interpretation
2. “Agent” - means any person employed by or acting
for another and includes an officer of a public body
or an officer serving in or under any public body, or
a corporate body or any political party or
institution, a trustee, an administrator or executor
of the estate of a deceased person, a sub-contractor,
any person employed by or acting for such trustee,
administrator, executor, or sub-contractor;
“Associate,” in relation to a person includes any
person who is an employee, agent, nominee or
representative, trustee, firm or incorporated company
known to act subject to the directive or influence of
such person;
“Bank” means a bank, a finance company, a Commercial
Bank, a Merchant Bank, or a Discount House, licensed
under the Banks and other Financial Institutions
Decree, or any other financial institution established
or licenced under any other written law;
“Banker’s book” includes ledgers, day books, cash
books, account books and all other books and documents
or electronic devices used in the ordinary course of
business of a bank;
“Business” means any activity carried on for the
purpose of gain or profit and includes all property
derived from or used in or for the purpose of carrying
on such activity and all the rights and liabilities
arising from such activity;
“Chairman” means the Chairman of the Commission
appointed under Section 3 (3) of this Act.
“Commission” means the Anti-Corruption Commission
established under Section 3 of this Act;
“Constitution” means Constitution of the Federal
Republic of Nigeria 1999;
“Corporate body” means any legal entity artificial or
otherwise recognised by the Companies and Allied
Matters Act or created under the authority of any law
in Nigeria;
“Corruption” includes bribery, fraud and other related
offences;
“Dealing” includes-
(a) any purchase, sale, loan, charge, mortgage, lien,
pledge, caveat, transfer, delivery, assignment,
subrogation, transmission, gift, donations, trust,
settlement, deposit, withdrawal, transfer between
accounts, or extension of credit;
(b) any agency or grant of power of attorney; and
(c) any act which results in any right, interest,
title or privilege, whether present or future or
whether vested or contingent, in the whole of or in
part, any property being conferred on any person;
“False pretence” means any representation made by
words, writing, or conduct, of a matter of fact,
either past or present, which representation is false
in fact, and which the person making it known to be or
does not believe to be true;
“Financial Institution” means any body or institution
which carries on any banking or financial transactions
whether lawfully or unlawfully as defined in the Banks
and other Financial Institutions decree;
“Gratification” means
a) money, donation, gift, loan, fee, reward, valuable
security, property or interest in property being
property of any description whether movable or
immovable, or any other similar advantage, given or
promised to any person with intent to influence such a
person in the performance or non performance of his
duties;
b) any office, dignity, employment, contract of
empowerment or services and any agreement to give
empowerment or render services in any capacity;
c) any payment, release, discharge or liquidation of
any loans, obligation or other liability, whether in
whole or in part;
d) any valuable consideration of any kind, any
discount, commission, rebate, bonus, deduction or
percentage;
e) any forbearance to demand any money or money’s
worth or valuable thing;
f) any other service or favour of any description,
such as protection from any penalty or disability
incurred or apprehended or from any action or
proceedings of a disciplinary, civil or criminal
nature, whether or not, already instituted, and
including the excessive or the forbearance from the
exercise of any rights or any official power or duty;
and
g) any offer, undertaking or promise, whether
conditional or unconditional, of any gratification
within the meaning of any of the proceeding paragraphs
(a) to (f).
“Judge of Superior Court of Record” means a judge
holding any of the offices defined by section 6(5) of
the Constitution;
“Local Government” has the meaning assigned to it in
the constitution of the Federal Republic of Nigeria;
“Member” means any members of the Commission appointed
in accordance with section 3 of this Act;
“Money Instrument” includes coin or currency of
Nigeria or of any other country, travellers’ cheque,
personal cheque, bank cheque, money order, investment
security or negotiable instrument in bearer form or
otherwise in such form that title hereto passes upon
delivery or upon delivery and endorsement;
:Misappropriation” means the unauthorised, improper,
or unlawful use of funds of other property for
purposes other than that for which intended. it also
includes misapplication of funds or property and it
does not matter whether or not t6he person
misappropriating derives any personal benefit
therefrom.
“An official” means any director, functionary,
officer, agent, servant, privy or employee serving in
any capacity whatsoever in the public body, or in any
private organisation, corporate body, political party,
institution or other empowerment whether under a
contract of services or contract for services or
otherwise and whether in an executive capacity or not;
“Person” includes a natural person, a juristic person
or any body or person corporate or incorporate;
“Political Party” means any body of persons or
association registered by the Independent National
Electoral Commission as a political party, under the
political parities (Registration and Activities)
Decree 1998 or any Act amending or replacing same and
includes Associations granted provisional registration
to contest any particular election.
“President” means the President of the Federation of
Nigeria:
“Principal” includes any employer, any beneficiary
under a trust, any t5rst estate, any person
beneficially interested in the estate of a deceased
person, the estate of a deceased person, and, in the
case of any person serving in or under a public body,
the public body;
“Property” means real or personal property of every
description, including money, whether situated in
Nigeria or elsewhere, whether tangible or intangible,
and includes an interest in any such real or personal
property.
“Public Officer” means a person employed or engaged in
any capacity in the public service of the Federation,
State or Local Government, public corporations or
company wholly on jointly floated by any government or
its agency including the subsidiary of any such
company whether located within or outside Nigeria and
includes Judicial officers serving in
Magistrate/Customary courts of Tribunals;
“Purchaser in good faith valuable consideration” means
any transferee, assignee, charges, mortgaged, pledged,
holder of a lien, or lessee, or any property where the
transfer, assignment, charge, mortgage, pledge, lien,
or lease was obtained by him for adequate
consideration in money or money’s worth, without
notice that the property was obtained in consonance of
the commission of any offence under this Act;
“Relation” includes father, mother, child, brother,
sister, uncle aunt and cousins where applicable and
their spouses;
ESTABLISHMENT OF COMMISSION, APPOINTMENTS AND POWERS
3 (1) There is established a Commission to be known as
the Anti-Corruption Commission (hereinafter in this
Act referred to as “the Commission”)
2. The commission shall be a body corporate with
perpetual succession and a common seal and may sue and
be sued in its corporate name.
3. The commission shall consist of a chairman and
twelve (12) other members, two of whom shall come from
each of the six geo-political zones,
4. The chairman shall be a serving judge of the court
of appeal.
5. Remuneration for members of the Commission shall be
determined by the National Revenue Mobilization,
Allocation and Fiscal Commission.
6 (1) The chairman and members of the commission who
must be persons of proven integrity shall be appointed
by The Chief Justice of the Federation of Nigeria upon
advice of National Judicial Service Commission subject
to the confirmation by the Senate.
(ii) The chairman and members of the Commission shall
not discharge the duties of their offices until they
have declared their assets and liabilities as
prescribed in the Constitution of the Federal Republic
of Nigeria.
(7) In making the appointment in Subsection (6) the
Chief Justice of the Federation shall ensure that the
following categories are represented in the
appointment:
(a) a retired police officer not below the rank of
Commissioner of Police;
(b) a legal practitioner with at least 10 years post
call experience;
(c) a retired judge of a supreme court of record;
(d) a retired public servant not below the rank of a
Director;
(E) a woman;
(f) a youth not being less than 21 years or more than
30 years of age at the time of his or her appointment;
(g) a chartered accountant.
(8) The chairman shall be eligible to the same terms
and condition of service as is applicable to a serving
justice of the court of appeal.
(9) The Members shall hold office for a period of (4)
years and may be reappointed for another four (4)
years btu shall not be eligible for reappointment
thereafter.
Removal from Office
(10) Notwithstanding the provisions of section 3 (9)
of this act, any member fo the commission may at any
time be removed from the office by the Chief Justice
of the Federation upon the advise of the National
Judicial Council subject to approval of the Senate.
(11) The members of the Commission may resign his
appointment by notice in writing under his hand
addressed to the Chief Justice of the Federation and
the or that member shall on the date of the receipt of
the notice of resignation by the Chief Justice of the
federation cease to be a member of the commission.
(12) the Members of the Commission shall hold office
on such terms and condition as may be speciftied in
their insturments of Appoitnemnt, and in the exericse
of their fucktons, they shall nto be subejct to any
otehr authority excepts as rpvoided by this Act,
(13) the tenrue of office and codntitons of serive of
the staff otr the commission shall, subejct to the
provisions of this Act, be detemriend by the
Commisison.
(14) The Commisison shall have power to appoint and
exericse disciplianry control over its staff and for
this purpsoe shall prescirbe its own ruels and
regualtions.
(15) The Commission shall have pwoer to appoint,
designate and deplay such numebr and catoryr of staff
and officer shwich, in the opinion of the commission,
shall be requried to assist it in the discharge of all
or any of its fucntions and shall ahve pwoers to pay
persosn so employed such remuneration (inclduing
allwoacnes) as is in accordance with seciotn 3 (12) of
this Act.
Quorum for Meetings
4 (1) The Chairman and any five (5) memebrs of the
Commisison rerpesneitng at elasdt four (4)
geo-poltcial zones shall cosnttiue a quorum.
(2) Every meemrb fo the Commisoion shall, ebfore
assuming the duities of his office, subscribe to the
oath presceibed in the cosntiton of the Federal
Republci of Nige4ia for publci officers.
(3) ..................................................
Pensions Act.
(4) Every Officer of the commisison, when discharging
the duties of his office, shall, on demand, declare
his offife and prodcue to the perosn agianst whom he
is acitng or from whom he seeks any ifnroamtion,
evidenc eof his identkiy issued by the commsision.
(5) There shall be a Secretayr tot he Commission
appoitend by a 2/3 majority of the memebrs prowesnt
and voting who, shall be resposnibe for keepogn the
records of the commsisiion and the general
admsitnriaon and cotnrol of the staff of the
commsision.
(6) There shall be appoitend such numebr fo
commsisioerns, deputy commsisierons, assitnat
commsisioenrs, superintendents, assisnat
superintendent, senior ivnestiator and investitao5rs
of the commsision as may be necessa5ry fro the purpose
of caryign into effect the prvsions of this act.
(1) Subject to the provisions of this Act, an officer
of the commsision when investiating any matter which
constutes an offence under this Act, shall have all
the pwoers and immuniteis of a polcie officer udner
the Polcie Act and any other laws conferring pwoer on
the poclie, or empwoeintg and protecting law
enforcement agents.
(2) If, in the course of any investiations in respect
of the commsision of an offnece udner th Act by any
perosn, there is disclosed an offence udner any other
wrtten law, not being an offence under thia Ct,
irrepsctive of whether the offenc ewas commtited by
the same peorsn or any other perosn, the officer of
the commsisiion resposble for the ivnestiaon, shall
notify the Direcot of Pubcli Prosudcitons or any other
officer charged with resposnihjlity for the
prosecution of crimianl cases, who may issue driection
as shall meet the jsutice of the case.
6. (1) The Commission shall:-
(a) where reasonable grounds exist for suspecting that
any person has conspirre dto commit or has attmepted
to commit or has committed an offence udne rthis Act
or any other law prohibiting corruptoon, receivge and
ivnestiate any reprot of the conspriacnhy to committe,
attmept to committe or the commsison of such offence;
(b)if, the investiaiton si subseciotn (1) (a) is in
respect of an allegation of misapprorpaition of funds
duly approrpaited in the bduget or is in anyweay
whatsoever relating to Bdugary alclaitions, made
agianst an officer in any govnement deaprmtnt,
minsities, extra misntierial deparitns, parastatals or
an arm of govnement, reprots of any such
investtigaition shall be made to the adminsitraigtve
head of the orgnaision who shall cause an intenral
enquriy into the matter as repro5ted by the
commsision;
(c) if the report of the internal enquiry in
subsection 1 (b) reveals a prima facie case of
conspirancy to commit or an attmept to commit or the
commsison of offence alleged, then the commsison shall
be duly notified and in approrpaite cases, the
commsison may recomemnd prosecution to the office of
the Attorney Generla of the Fed3eiaotn or of the
state.
(d) if the investiation in subsection (1) (a) revelas,
in the opinion of the Commission, the conspriacny to
committ or an atmtpets to commit or the commission of
any toehr ofofenc eudner this Act or any law
prohbiting corruptiion, then the commssion shall
forward such reprot with recomemenaitrns to the
Attorney General of the Federaiton or of the State.
(e) if the investitgaiton in sub-section 1 (a) is in
repsect of an allegaiton of misapprorpaition of funds
duly apporoatied in the bduget or is in anyway
whatsoever relating to Budgary alclaotion amde aginst
the admsitnriaotve head of any govnement departmernt,
ministires, extra misntieral depairtn, parastatlas or
any arm of govnmeent, the commisison shall make its
recomemdniaotn for prosdeiotn or otherwise to the
offife fo the Attorney Generla of the Fedriaqn or of
the state.
(2) examine the practices,f systems and procedures of
publci bdoeis and where, in the opinon of the
commsisoon, such practices, systmes or procfeueres aid
or facitlaite fruad or corrupt, to direct and
supervise a reivew of them;
(3) instruct, advise and assit any officer, agency or
parastatlass on ways by which fruad or corurpt may be
elinaited or minimised by such officer, agency or
parastatal;
(4) advise heads of public bodies of any chnges in
practices, systems or procedures compatible with the
effective discharge of the duties of the public bodies
as the commission thinks fit to reduce the likelihood
or incidence of briebry, corrutpion, and related
offences;
(5) educate the public on and agaisnt bribery,
corruption and related offences;
(6) enlist and foster public support in combating
corruption.
7. (1) The Commission may issue administrative orders
to be called “Standing Orders,” which shall conform
with the provisons of the general control, training,
duties and responsibltiies of officers of the
Commsisioion, and for such other matters as may be
necessary or expedient for the good admisntiriaton of
the Commisison and to ensure the efficient and
effective functioning of the Commisison.
(2) The Commission may establsih one or more branch
offices in each state of the federiaition andt eh
Federal Captial Terrtoty, Abuja to carry out its
fucntions under this Act.
(3) There may be in each state of the Federation and
the Federal Capital Territory, Abuja, a Resident
Anti-Corruption Commissioner.