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Independent Corrupt Practices and other Related Offences Commission
 
 

Establishment of the  Independent Corrupt  etc Commission,  Composition, tenure  and removal from   office

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(1)   There is hereby established a Commission to be known as the Independent Corrupt Practices and Other Related Offences 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-   (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 superior 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 or more than 30 years of age at the    time of his or her appointment; and   (g) a chartered accountant.  (4).   The Chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria.  (5).   Remuneration for members of the Commission shall be determined by the National Revenue Mobilisation, Allocation and Fiscal Commission.  (6)   The Chairman and members of the Commission who shall be persons of proven integrity shall be appointed by the President, upon confirmation by the Senate and shall not Begin to discharge the duties of their offices untill they have Declared their assets and liabilities as prescribed in the Constitution of the Federal Republic of Nigeria.  (7) The Chairman shall hold office for a period of five (5) years and may be reappointed for another five(5) years but shall not be eligible for reappointment thereafter; and  the other members of the Commission shall hold office for a period of four (4) years and may be reappointed for another term of four (4) years but shall not be eligible for reappointment thereafter.  (8) Notwithstanding the provisions of section 3 (7) of this Act, the Chairman or any member of the Commission may at any time be removed from the office by the President acting on an address supported by two-thirds (2/3) majority of the Senate praying that he be removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.  (9) The Chairman or any member of the Commission may resign his appointment by notice in writing under his hand addressed to the President and the Chairman or that member shall on the date of the receipt of the notice of resignation by the President cease to be a member of the Commission.  (10) The Chairman and members of the Commission shall hold office on such terms and conditions as may be specified in their instruments of appointment, and in the exercise of their functions, they shall not be subject to any other authority excepts as provided by the Act,  (11) The tenure of office and conditions of service of the staff of the Commission shall, subject to the provisions of this Act, be determined by the Commission.  (12) The Commission shall have power to appoint, dismiss and exercise; disciplinary control over its staff and for this  purpose shall prescribe its own rules.  (13) The Commission shall have power to appoint, designate and deploy such number and category of staff and officers which, in the opinion of the Commission, shall be required to assist it in the discharge of all or any of its functions and shall have powers to pay persons so employed such remuneration (including allowances) as is in accordance with section 3 (12) of this Act.  (14) The Commission shall in the discharge of its functions under this Act, not be subject to the direction or control of any other person or authority.

ESTABLISHMENT OF  COMMISSION, APPOINTMENTS AND POWERS

Independent Corrupt Practices and other Related Offences Commission
 
 

Appointment of  Officers of the   Commission,  Oath of Office  etc. Quorum for  meetings,  production of  identity card.	4	(1)      An officer pursuant to this Act shall have such powers as may be conferred upon him under this Act and shall be subject to the direction, control and supervision of the Chairman or any other officer of the Commission superior to him in rank, and shall exercise his powers and discharge his duties in compliance with such directives or instructions as may be given by the Chairman or such other officer as aforesaid.    (2) The Chairman and any four (4) members of the Commission shall constitute a quorum.  (3) Every member of the Commission shall, before assuming the duties of his office, subscribe to the oath prescribed in the Constitution of the Federal Republic of Nigeria for public officers.
Cap346 LFN		(4) Service in the Commission shall be approved service for the purposes of the Pensions Act.
		(5) Every Officer of the Commission, when discharging the duties of his office, shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information, evidence of his identity issued by the Commission.  (6) There shall be a Secretary to the Commission appointed by the President who, under the general direction of the Chairman, shall be responsible for keeping the records of the Commission and the general administration and control of the staff of the Commission.  (7) There shall be appointed such number of Commissioners, Deputy Commissioners, Assistant commissioners,  Superintendents,  Assistant  Superintendent,  Senior Investigator and Investigators of the Commission as may be necessary for the purpose of carrying into effect the provisions of this Act.  (8) An officer appointed under subsection (6) shall have such powers as may be vested in him under this Act and shall be subject to the direction, control and supervision of the Chairman or any other superior officer of the Commission and shall exercise his powers, and discharge his duties in compliance with such directives as may be given orally or in writing by the Chairman or any other superior officer of the Commission.

Independent Corrupt Practices and other Related Offences Commission
 
 

General Duties of  the Commission  to receive,  investigate   complaint  and prosecute   offenders, etc.

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It shall be the duty of the Commission -  (a) where reasonable grounds exist for suspecting that any person has conspired to commit or has attempted to commit or has committed an offence under this Act or any other law prohibiting corruption, to receive and investigate any report of the conspiracy to commit, attempt to commit or the commission of such offence and, in appropriate cases, to prosecute the offenders;  (b) to examine the practices, systems and procedures of public bodies and where, in the opinion of the Commission, such practices, systems or procedures aid or facilitate fraud or corruption, to direct and supervise a review of them;  (c) to instruct, advise and assist any officer, agency or parastatals on ways by which fraud or corruption may be eliminated or minimised by such officer, agency or parastatal;  (d) to advise heads of public bodies of any changes 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 bribery, corruption, and related offences;  (e) to educate the public on and against bribery, corruption and related offences; and  (t) to enlist and foster public support in combating corruption.

ESTABLISHMENT OF  COMMISSION, APPOINTMENTS AND POWERS
 
 

Independent Corrupt Practices and other Related Offences Commission
 
 

Standing Orders

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(1) The Chairman may issue administrative orders to be called   "Standing Orders", which shall conform with the provisions of  on the general control, training, duties and responsibilities of officers of the Commission, and for such other matters as may be necessary or expedient for the good administration of the Commission and to ensure the efficient and effective functioning of the Commission.  (2) The Commission may establish one or more branch offices in each State of the Federation and the Federal Capital Territory, Abuja to carry out its functions under this Act.  (3) There may be in each State of the Federation and the Federal Capital Territory, Abuja, a Resident Anti-Corruption Commissioner appointed by the Commission.

 

Gratification  by an Official

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(1) Any person who corruptly –  (a) ask for, receives or obtains any property or benefit of any kind for himself or for any other person; or   (b) agree or attempts to receive or obtain any property or   benefit of any kind for himself or for any other person,  on account of-  (i) anything already done or omitted to be done, or for any favour or disfavour already shown to any person by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government  department, or corporate body or other organisation or institution in which he is serving as an official; or  (ii) anything to be afterwards done or omitted to be done or favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of an offence of Official corruption and is liable to imprisonment for seven (7) years.  (2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public officer, or by some other person at the instance of a public officer from a person-  (a) holding or seeking to obtain a contract, license, permit, employment or anything whatsoever from a Government department, public body or other organisation or institution in which that public officer is serving as such;  (b) concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public officer or a government department, public body or other organisation or institution in which that public officer is serving as such; and  (c) acting on behalf of or related to such a person; the property, benefit or promise shall, unless the contrary is proved, be presumed to have been received corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1)(a) or(b).  (3) In any proceedings for an offence to which subsection (1)(b) is relevant, it shall not be a defence to show that the accused-  (a) did not subsequently do, make or show the act, omission, favour or disfavour in question; or  (b) never intend to do, make or show the act, omission, favour or disfavour.  (4) Without prejudice to subsection (3), where a Police Officer or other public officer whose duties include the prosecution, detection or punishment of offenders is charged with an offence under this section arising from-  (a) the arrest, detention or prosecution of any person for an alleged offence; or  (b) an omission to arrest, detain or prosecute any person for an alleged offence; or  (c) the investigation of an alleged offence,    it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a) (b) or (c), or any other offence had been committed.

 

Corrupt Offers  to Public  Officers

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(1) Any person who corruptly-  (a) gives, confers or procures any property or benefit of any kind to, on or for a public officer or to, on or for any other person; or  (b) promises or offers to give, confers, procure or attempt to procure any property or benefit of any kind to, on or for a public officer or any other person, on account of any such act, omission, favour or disfavour our to be done or shown by the public officer is guilty of an offence of official corruption and shall on conviction be liable to imprisonment for seven (7) years.  (2) If in any proceedings for an offence under this section it is proved that any Property or benefit of any kind, or any promise thereof, was given to a public officer or some other person at the instance of a public officer, by a person-  (a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a Government department, public body or other organisation or institution in which that public officer is serving as such,or  (b) concerned or likely to be concerned in any proceeding or business transacted, pending or likely to be transacted before or by that public officer or a government department, public body or other organisation or institution in which that public officer is serving as such, or  (c) acting on behalf of or relative to such a person, the property, benefit or promise shall, unless the contrary is proved, be deemed to have been given corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in section 9(1) and (2).

 

Corrupt   demand by  persons

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Any person who -  (a) ask for, receives or obtains property or benefits of any kind for himself or any other person; or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person;  on account of-  (i) anything already done or omitted to be done, or any favour or disfavour already shown to any person, by a public officer in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which the public officer is serving as such; or  (ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public officer in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of an offence of official corruption and shall on conviction be liable to imprisonment for seven (7) years.

Counselling  offences  relating to  corruption

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In any proceedings for an offence under this Act it shall not be necessary to prove that;  (a) any public officer counselled the commission of the offence; or  (b) in the course of committing the offence the accused mentioned any particular public officer; or  (c) (in a case to which sections 8,9, & 10 are relevant) the accused believed that any public officer would do, make or show the act, omission, favour or disfavour in question; or  (d) the accused intended to give the property or benefit in question, or any part thereof, to a public officer

Fraudulent  acquisition  of  property	12	Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than twenty (20) persons, a private interest in any contract, agreement or investment emanating from or connected with the department or office in which he is employed or which is made on account of the public service, is guilty of an offence, and shall on conviction be liable to imprisonment for seven (7) years.
Fraudulent  receipt of  property	13	Any person who receives anything which has been obtained by means of act constituting a felony or misdemeanour, or by means of any act done at a place outside Nigeria, which if it had been done in Nigeria would have constituted a felony or misdemeanour and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a felony.
Penalty for  offences  committed  through  postal  system	14	If the offence by means of which the thing was obtained is a felony, the offender shall on conviction be liable to imprisonment for three (3) years, except the things so obtained was postal matter, or any chattel, money or valuable security contained therein, in which case the offender shall on conviction be liable to imprisonment for seven (7) years.
Deliberate  frustration  of  investigation  by the  commission	15	Any person who, with intent to defraud or conceal a crime or frustrate the Commission in its investigation of any suspected crime of corruption under this Act or under any other law:  (a) destroys, alters, mutilates, or falsifies, any book, documents, valuable security, account, computer system, diskette, computer printout or other electronic device which belongs to or is in the possession of his employer, or has been received by him on account of his employment, or any entry in any such book, document, accounts or electronic device, or is privy to any such act; or  (b) makes, or is privy to making any false entry in any such book, document, account or electronic record; or  (c) omits, or is privy to omitting, any materials particular from any such book, document, account or electronic record; is guilty of a felony, and shall on conviction be liable to seven (7) years imprisonment.
Making false  statement or  return	16	Any person who, being an officer charged with the receipt, custody, use or management of any part of the public revenue or property, knowingly furnishes any false statement or return in respect of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of an offence, and shall on conviction be liable to seven (7) years imprisonment.

Gratification by  and through  agents and  definition of  agents	17	Any person who corruptly –  (a) accepts, obtains or agrees to accept or obtain or attempts to obtain from any person for himself or for any other person, any gift or consideration as an inducement or reward for doing, forbearing to do, or for having done, or forborne to do, any act or thing;   (b) gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done, or forborne to do, any act or thing in relation to his principal's affairs or business;  (c) knowingly gives to any agent, or being an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested and which contains any statement which is false or erroneous or defective in any material particular, and which, to his knowledge, is intended to mislead his principal or any other person, is guilty of an offence and shall on conviction be liable to five (5) years imprisonment.  (2) For the purposes of this section, the expression "consideration" includes valuable consideration of any kind; the expression "agent" includes any person employed by or acting for another; and the expression "principal" includes an employer.
Bribery of  Public  Officer	18	Any person who offers to any public officer, or being a public officer solicits, counsels or accepts any gratification as an inducement or a reward for-  (a) voting or abstaining from voting at any meeting of the public body in favour or against any measure, resolution or question submitted to the public body;  (b) performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of any official act;  (c) aiding in procuring or preventing the passing of any vote or the granting of any contract, award, recognition or advantage in favour of any person; or  (d) showing or forbearing to show any favour or disfavour in his capacity as such officer,  shall, notwithstanding that the officer did not have the power, right or opportunity so to do, or that the inducement or reward was not in relation to the affairs of the public body, be guilty of an offence and shall on conviction be liable to five (5) years imprisonment with hard labour.

Offence of  using Office or  Position for  Gratification	19	Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer shall be guilty of an offence and shall on conviction be liable to imprisonment for five (5) years without option of fine.
Penalty for  Offences under  sections 8-19	20	Without prejudice to any sentence of imprisonment imposed under this Act, a Public Officer or other person found guilty of soliciting, offering or receiving gratification shall forfeit the gratification and pay a fine of not less than five time the sum or value of the gratification which is the subject -matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand Naira, whichever is the higher.
Bribery in  relation to auction	21	(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or reward for or otherwise on account of that other person's refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.  (2)  Any person, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.  (3) Any person guilty of an offence under this section shall on conviction on  indictment to a fine of the current price of the property and imprisonment for  three (3) years.

Bribery for  giving assistance  etc. in regard to  contracts

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(1) Any person who, without lawful authority or reasonable excuse, offers an advantage to a public servant as an inducement to or reward for or otherwise on account of such public servant's giving assistance or using influence in, or having given assistance or used influence in -  (a) the promotion, execution, or procuring of-  (i) any contract with a public body for the performance of any work, the providing of any service, the doing of anything or the supplying of any article, material or substance; or  (ii) any sub-contract to perform any work, provide any article, materials or substance required to be performed, provided, done or supplied under any contract with a public body; or  (b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract or sub-contract as aforesaid, shall be guilty of an offence.  (2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in-  (a) the promotion, execution or procuring, or   (b) the payment of the price, consideration, or   (c) other moneys stipulated or otherwise provided for in,  any contract, or sub-contract as is referred to in sub-section (1) shall be guilty of an offence.  (3) Any public officer who in the course of his official duties, inflates the price of any goods or service above the prevailing market price or professional standards shall be guilty of an offence under this Act and liable on conviction to imprisonment for a term of seven (7) years and a fine of one million naira.  (4) Any public officer who, in the discharge of his official duties awards or signs any contract without budget provision, approval and cash backing, shall be guilty of an offence under this Act and on conviction be liable to three (3) years imprisonment and a fine of one hundred thousand naira.  (5) Any public officer who transfers or spends any sum allocated for a particular project, or service, on another project or service, shall be guilty of an offence under this Act and on conviction be liable to one (1) year imprisonment or a fine of fifty thousand naira.  (6) Any person or public officer who commits an offence under section 23 (1) and (2) shall be liable on conviction to a term of imprisonment for seven(7) years or a one million naira fine.

Duty to report  bribery   Transactions	23	(1) Any Public officer to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the Commission or Police Officer.  (2) Any person from whom any gratification has been solicited or obtained, or from whom an attempt has been made to obtain such gratification, in contravention of any provision of this Act, shall, at the earliest opportunity thereafter, report such soliciting or obtaining, or attempt to obtain the gratification together with the name, if known, or a true and full description of the person who solicited, or obtained, or attempted to obtain the gratification from him, to the nearest officer or officer of the Commission or a Police Officer.  (3) Any person who fails, without reasonable excuse, to comply with subsections (I) and (2) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand naira or to imprisonment for a term not exceeding two years or to both fine and imprisonment.
Dealing with,   using, holding,  receiving or  concealing   gratification	24	Any person who, whether within or outside  Nigeria,  whether  directly  or indirectly, whether on behalf of himself or on behalf of any other person, enters into, or causes to be entered into, any dealing in relation to any property, or otherwise uses or causes to be used, or holds, receives, or conceals any property or any part thereof which was the subject-matter of an offence under sections 10, 11, 13, 14, 15, 16) 17, 18, 19, and 20 shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five (5) years.

Making of  statement  which is false  or intended to  mislead,etc

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(1) Any person who makes or causes any other person to make to an officer of the Commission or to any other Public Officer, in the course of the exercise by such Public Officer of the duties of his office, any statement which to the knowledge of the person making the statement, or causing the statement to be made-  (a) is false, or intended to mislead or is untrue in any material particular; or  (b) is not consistent with any other statement previously made by such person to any other person having authority or power under any law to receive, or require to be made such other statement notwithstanding that the person making the statement is not under any legal or other obligation to tell the truth, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand naira or to imprisonment for a term not exceeding two (2) years or to both such fine and imprisonment.  (2) where any person who has made a statement to an officer of the Commission or to the Attorney-General in the course of such officer or Attorney-General exercising any power conferred by this Act, subsequently thereto makes any other statement to any person having authority or power under any law to receive or require to be made such other statement, regardless of whether or not the person making the statement is under a legal or other obligations to tell the truth, he shall, if such other statement is inconsistent with any statement previously made to an officer of the Commission or such other Public Officer, be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two years or to both.    (3) For the avoidance of any doubt, it is declared that for the purpose of subsections (I) and (2), any statement made in the course of any legal proceedings before the court, whether civil or criminal, or any statement made by any person in the course of any  disciplinary proceedings, whether such legal proceedings or disciplinary proceedings are against the person making the statement or against any other person, shall be deemed to be a statement made to a person having authority or power under the law to receive the statement so made.

Attempts preparations  abetments and  criminal conspiracies  as offence; delegation  of Attorney-General's  Power to prosecute

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(1) Any person who-  (a) attempts to commit any offence under this Act;  (b) does any act preparatory to or in furtherance of the commission of any offence under this Act; or  (c) abets or is engaged in a criminal conspiracy to commit any offence under this Act;  (d) commits any offence under this Act;    shall be guilty of an offence and shall, on conviction, be liable to  the punishment provided for such offence.  (2) Prosecution for an offence under this Act shall be initiated by the Attorney-General of the Federation, or any person or authority to who he shall delegate his authority, in any superior court of record so designated by the Chief Judge of a State or the Chief Judge of the Federal Capital Territory, Abuja under section 60(3) of this Act; and every  prosecution for an offence  under this Act or any other law prohibiting bribery, Corruption, fraud or any other related offence shall be deemed to be initiated by the Attorney-General of the Federation.  (3) A prosecution for an offence shall be concluded and judgement delivered within ninety (90) working days of its commencement save that the jurisdiction of the court to continue to hear and determine the case shall not be affected where good grounds exist for a delay.

42. Bail of offenders and release of property.
 

Power to investigate  reports and enquire  into Information

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(1) Every report relating to the Commission of an offence under this Act may be made orally or in writing to an officer of the Commission, and if made orally shall be reduced into writing and read over to the person making the report; and every such report, shall be signed or thumb-printed by the person making it; and where the person making the report is an illiterate the officer obtaining the report shall endorse that fact on the report together with a statement to the effect that it was read over and interpreted to the maker.  (2) Every report, whether in writing or reduced into writing, shall be entered in a book kept at the office of the Commission arid there shall be appended to such entry the date and hour at which such report was made.  (3) Where an Officer of the Commission has reasons to suspect the commission of an offence under this Act following a report made under sub-section (1) or information otherwise received by him, he shall cause investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Act or any other law.  (4) A report made under subsection (1) of this section shall not be disclosed by any person to any person other than officers of the Commission or the Attorney-General until the accused person has been arrested or charged to court for an offence under this Act or any other written law arising from such report.  (5) Any document, certified by any officer of the Commission under sub-section (2) in respect of a report under sub-section (1) shall be admissible as evidence of the contents of the original arid of the time, place and manner in which the report was recorded.

Power to examine  persons.

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(1) An officer of the Commission investigating an offence under this Act may -  (a) order any person to attend before him for the purpose of being examined in relation to any matter which may, in his opinion, assist in the investigation of the offence;  (b) order any person to produce before him any book, document or any certified copy thereof, or any other article which may, in his opinion, assist in the investigation of the offence; or  (a) by written notice require any person to hirnish a statement in writing made under oath 0 affirmation setting out therein all such information require under the notice, being information which, in such officer's opinion, would be of assistance in the investigation of the offence.  (2) Sub-section (1)(b) shall not apply to banker's books save in accordance with the provisions of the Evidence Act.   (3) A person to whom an order under sub-section (l)(a) has been given shall --  (a) attend in accordance with the terms of the order to be examined, and shall continue to  attend from day to day where so directed until the examination is completed; and  (b) during such examination disclose all information which is within his knowledge.  (4) A person to whom an order has been given under sub-section (1) (b) shall not conceal, destroy, remove from Nigeria, or mutilate, expend or dispose of any book, document, or article specified in the order or relevant to the investigation, or alter or deface any entry in such book or document, or cause such act to be done, or assist or conspire to do such act.  (5) A person to whom a written notice has been given under sub-section (l)(c) shall, in his statement, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him.  (6) A person to whom an order or a notice is given under subsection (1) shall comply with such order or notice and with subsection (3), (4) and (5).  (7) Where any person discloses any information or produces any book, document or article pursuant to subsections (1), (3) and (5), neither the first-mentioned person, nor any other person on whose behalf or direction or as whose agent or employee the first mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution, except a prosecution for an offence relating to the violation of section l or for any offence under or by virtue of any written law, or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement or arrangement, or otherwise.  (8) An officer of the  Commission examining a person under section 26 of this Act, shall record in writing any statement made by the person and the statement so recorded shall be read over to the maker who on being satisfied that it is a true record of his statement shall sign same before a superior officer of the Commission; and where such person refuses to sign the record, the officer shall endorse thereon under his hand the fact of such refusal and the reasons therefore, if any, stated by the person examined; and any person who shall write for a person who is an illiterate shall also write on such document his own name and address as the writer of the document.     (9) The record of an examination under section 26, a written statement on oath or affirmation made pursuant to or any book, document or article produced under section 26, or otherwise in the course of an examination under section 27, or under a written statement on oath or affirmation made pursuant to sections 26 and 27 shall notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court-  (a) for an offence under this Act; or  (b) for the forfeiture of any property pursuant to section 46 or 47 notwithstanding that such proceedings are against the person who was examined, or who produced the book, document or article, or who made the written statement on oath or affirmation, or against any other person.  (10) Any person who contravenes this section shall be guilty of an offence punishable with a term of imprisonment not exceeding 3 months.

Summons against   suspects	29	Subject to the provisions of sections 29 to 34 of this Act the commission may issue a summons directed to a person complained against or any other person to attend before the Commission for the purpose of being examine in relation to the complaint or in relation to any other matter which may aid or facilitate the investigation of the complaint; and a summons so issued shall state the substance of the complaint, and the time and place at which the inquiry is to be held.
Forms and Service  of Summons	30	Every summons issued by the Commission under this Act shall be in duplicate and signed by the Chairman or such other officer as the Chairman may authorise to issue summons.
Cap 407 LFN	31	Every summons under this Act shall be served by an officer of the Commission in the manner prescribed in the Sheriffs and Civil process Act and any other laws relating to the service of process and the person, effecting the service shall have and exercise all the powers conferred by the law and any other law relating to the service of process.
Sustituted Service	32	Where the person summoned by the Commission is in the service of Government, the Commission may deliver the summons in duplicate to the Head of the department in which such person is employed for the purpose of its being served on that person and such officer shall thereupon cause the summons to be served on that person.
Acknowledgement  of service	33	Where a summons has been served upon to whom it is addressed or is delivered to any other person, the person to whom it is addressed or delivered as the case may be, shall sign a receipt therefore on the duplicate; and where service is not effected by handing the summons to an individual  but by some other method approved by this Act, the person effecting service shall endorse on the duplicate particulars of the method by which the service was effected.
Detention of  persons  refusing to  acknowledge  service	34	A person required to sign a receipt on the back of the duplicate summons to the effect that he has received the summons who refuses to do so may be arrested by the person serving the summons and shall be guilty of an offence and upon conviction be liable to one month imprisonment or five thousand naira option of fine.
Failure to appear   after receipt of  summons	35	Where the Commission is satisfied that a summons  directed to a person complained against or any person has been served and that person does not appear at the time and place appointed in the summons, the Commission shall have power to arrest and detain any such person, until the person complies with the summons.

Forceful entry  of premises

36

(1) Whenever it appears to the Chairman upon information, and after such inquiry as he shall think necessary, that there is reasonable cause to suspect that in any place there is any evidence of the commission of any offence under this Act, he may by written order direct an officer of the Commission to obtain a court order to-  (a) enter any premises and there search for, seize and take possession of any book, document or other article evidencing the commission of such offence;  (b) inspect, make copies of; or take extracts from any book, record or document;  (c) search any person who is in or on such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any article found on such person;  (d) break open, examine, and search any article, container or receptacle; or  (e) stop, search; and seize any vehicle or conveyance.  (2) Whenever it is necessary so to do, an officer of the Commission exercising any power under subsection (1) shall obtain a warrant from a judge or magistrate to   (a) break open any outer or inner door or window of any premises and enter thereto, or otherwise forcibly enter the premises and every part thereof;  (b) remove by force any obstruction to such entry search, seizure or removal as he is empowered to effect; or  (c) detain any person found in or on any premises or in any conveyance search under subsection (I), or until such premises or conveyance has been searched.  (3) No person shall be searched under this section or under section 35 except by a person who is of the same gender as the person to be searched.

Seizure of movable  or immovable  property

37

(1) If in the course of an investigation into an offence under this Act any officers of the Commission has reasonable grounds, to suspect that any movable or immovable property is the subject matter of an offence of evidence relating to the offence he shall seize such property.  (2) A list of all movable or immovable property seized pursuant to subsection  (I) and of the places in which they are respectively found shall be prepared by the officer of the Commission effecting the seizure and signed by him.  (3) A copy of the list referred to in sub-section (2) shall be served on the owner of such property or on the person from whom the property was seized as soon as possible.  (4) Where any movable or immovable property liable to seizure under  subsection (2) is in the possession, custody or control of a bank, subsections (1), (2)  and (3) shall not apply thereto and the seizure shall be effected in the manner  provided for in sections 35 and 42.

 

Custody of seized  property,etc.

38

(1) Where any movable property is seized under this Act, the seizure shall be effected by removing the movable property from the custody or control of the person from whom it is seized and placing it under the custody of such person or authority and at such place as an officer of the Commission may determine.  (2) Where it is not practicable, or it is otherwise not desirable, to effect removal of any property under subsection (1), the officer referred to in that subsection may leave it at the premises in which it is seized under the custody of such person as he may detail for the purpose.  (3) Notwithstanding subsection (I), when any movable property, including any movable property referred to in subsection (6), has been seized under this Act, an officer of the Commission other than the officer who effected the seizure, may in his discretion-  (a) temporarily return the movable property to the owner thereof; or to the person from whose possession, custody or control it was seized, or to such person as may be entitled thereto, subject to such terms and conditions as may be imposed, and subject, in any case, to sufficient security being furnished to ensure that the movable property shall be surrendered on demand being made by the officer who authorised the release or any other officer of the Commission and that such terms and conditions, if any shall be complied with; or  (b) return the movable property to the owner thereof; or to the person from whose possession, custody or control it was seized, or to such person as may be entitled thereto, with liberty for the person to whom the movable property is so returned to dispose of the property, such return being subject to security being furnished in an amount not less than an amount which represents the open market value of such property on the date on which it is returned.    (4) Where any person to whom movable property is temporarily returned under sub-section (3) (a) fails to surrender such property on demand or to comply with any term or condition imposed under that sub-section-  (a) the security furnished in respect of such property shall be forfeited; and  (b) that person shall be guilty of an offence and  shall on conviction be liable to a fine of not less than two time the amount of the security furnished by him, and to imprisonment for a term not exceeding two years.  (5)  Where an order of forfeiture is made by the court in respect of property returned  under sub-section (3) (b), such forfeiture shall be effected by forfeiting the security  furnished by the person to whom the property was returned in lieu of the property.    (6)  When any movable property seized under the Act consists of money, shares, securities, stocks, debentures or any chose-in-action, in the possession or under the custody or control of any person other than the person against whom the prosecution is intended to be taken, the seizure shall be effected by an officer of the Commission serving an order on such person-  (a) prohibiting him from using, transferring, or dealing with such property; or  (b) requiring him to surrender the property to an officer of the Commission in the manner and within the time specified in the order.  (7) Where any movable property seized is liable to decay or deterioration, or is property which cannot be maintained without difficulty, or which it is not practicable to maintain, and which cannot be dealt with under subsection (3), an officer of the Commission may sell or cause such property to be sold at the prevailing market value and shall hold the proceeds of the sale, after deducting therefrom the costs and expenses of the maintenance and of the sale of the property, to abide the result of any proceedings under this Act.

Advocates and  Solicitors may be  required to disclose  information.	39	Notwithstanding the provisions of any other written law, a Judge of the High Court may, on application made to him in relation to an investigation into any offence under this Act or any other law prohibiting corruption, order a legal practitioner to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act provided that no court shall require an advocate or solicitor to disclose any privileged information   or communication which came to his knowledge for the purpose of prosecuting any pending proceeding.
Legal Obligation to  give information	40	Subject to such limitation as is provided under this Act, every person required by an officer of the Commission to give any information on any subject which it is the duty of such officer to inquire into under this Act and which it is in that person's statutory power to give, shall be legally bound to give information, failing which he shall be guilty of an offence on conviction liable to imprisonment for six (6) months or a fine of (N 10,000.00) ten thousand naira.

Obstruction of  inspection and  search

41

Any person who-  (a) refuses any officer of the Commission access to any premises, or fails to submit to a search by a person authorised to search him under this Act;  (b) assaults, or obstructs any officer of the Commission or any person authorised by the Commission in the execution of his duty under this Act;  (c) fails to comply with any lawful demand notice, order or requirements of an officer of the Commission in the execution of his duty under this Act;  (d) fails to produce to or conceals or attempts to conceal from, an officer of the Commission any book, document, or article, in relation to which such officer has reasonable grounds for suspecting or believing that an offence under this Act or any other law prohibiting Corruption has been or is being committed, or which is liable to seizure under this Act;  (e) rescues or endeavours to rescue or causes to be rescued any person who has been duly arrested or anything which has been duly seized; or  (f) destroys anything to prevent the seizure thereof or the securing of the thing, shall be guilty of an offence punishable with imprisonment for one(1) year without option of fine.

Offence under Act  to be Seizable   offences and  bail etc.

42

(1) Every offence under this Act shall be bailable offence for the purpose of the Criminal Procedure Act or Code.  (2) Every person arrested under subsection (1) may be released from custody on his executing a bond. with sureties, as an officer of the Commission may require.  (3) Any person who has been released from custody under subsection (2) may be re-arrested without warrant by any officer of the Commission--  (a) if such officer has reasonable grounds for believing that any condition on or subject to which such person was released or otherwise admitted to bail has been; or  (b) on being notified in writing by the surety or sureties of such person that such person has broken or is likely to break any condition on or subject to which such person was released and that the surety wishes to be relieved of his obligation as surety.  (4) Any person arrested under subsection (3) who is not released on bail shall, without unreasonable delay, and in any case within twenty-four hours (excluding the time for any necessary journey) be produced before the Court and if it appears to the Court that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken, the court may -  (a) remand such person in custody; or  (b) admit such person to bail on the same conditions or on such other conditions as it thinks fit.  (5) Where a person who is arrested for an offence under this Act is serving a sentence of imprisonment or is in detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, Upon an order in writing by an officer of the Commission be produced before such officer or before any other officer of the Commission for the Purpose of investigation and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.  (6) A person who is detained in lawful custody under subsection (5) or otherwise under any other written law may, at any time, be made available to an officer of the Commission for the purpose of investigation, or may be taken to any other place for the purpose of searching the place, or seizing any property, or identifying any person or for any other purpose related to the investigation.  (7) The period during which a person is under lawful custody under sub-section (6) shall count towards the period of his imprisonment, detention or other custody.

52. Independent Counsel to investigate the President, Vice-President, etc.
 

Investigation of  share Account,   etc.

43

(1) Notwithstanding the provisions of any other written law or any rule of law, the Chairman of the Commission, shall upon a court order direct in writing, for the purpose of any investigation into an offence under this Act or any other law prohibiting corruption, and upon a court order authorise any officer of the Commission to exercise, in relation to any bank or financial institution specified in the authorisation, all the powers of investigation set out in subsection (2).  (2) An officer of the Commission authorised under subsection (1) may, in relation to the bank or financial institution in respect of which he is so authorised-  (a) inspect and take copies of any banker's book, bank accounts or any documents belonging to or in the possession, custody or control of the bank or financial institution including computer data, disks, diskettes, printouts and any other electronic medium by which information or data is stored;  (b) inspect and take copies of any share accounts, purchase account,  expenses accounts or any other accounts of any person kept in the bank;  (c) inspect the contents of any safe deposit box in the bank; or  (d) request for any other information related to any documents, accounts or articles referred to in paragraphs (a), (b) and (c).  (3) Notwithstanding anything in subsection (2), an officer of the Commission authorised under subsection (1) may take possession of any books, documents, accounts, titles, securities or cash to which he has access under that subsection where in his opinion -  (a) the inspection, the copying or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them;  (b) they may be interfered with or destroyed unless he takes possession of them; or  (c) they may be needed as evidence in any prosecution for an offence under this Act or any other written law.  (4) Any person who willfully fails or refuses to disclose any information or produce any account, document or article referred to in subsection (2) to any officer of the Commission authorised under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two years or to both.  (5) Any person who discloses any information or produces any account or document or article to an authorised officer of the Commission whether by himself or through any agent shall not, on account of such disclosure or production, be liable to any prosecution, except for an offence under section 41 (1) of this Act, or for any offence under or by virtue of any Law, or to any proceeding or claim by any person under or by virtue of any law, contract, agreement or arrangement, or otherwise.

Chairman's  powers to   obtain  information

44

(1) Notwithstanding any written law or rule of law to the contrary, the Chairman of the Commission, if he has reasonable grounds to believe, arising from investigation carried out by an officer of the Commission, that any offence under this Act has been committed, may by written notice-  (a) require any person suspected of having committed such offence to furnish a statement in writing, on oath or affirmation and-  (i) identity every property, whether movable  or immovable, whether within or outside Nigeria, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way  of any dealing, bequest, devise, inheritance, or any other manner;  (ii) identify every property sent out of Nigeria by him during such period as may be specified in the notice;  (iii) set out the estimated value  and location of each of the properties identified under sub-paragraphs (i) and (ii), and if any of such properties cannot be located, the reason therefore;  (iv) state in respect of each of the properties identified under sub-paragraphs (i) and (ii) whether the property is held by him or by any other person on his  behalf or  whether it has diminished in value since its acquisition by him or and whether it has been commingled with other property which cannot be separated or divided without difficulty;  (v) set out all other information relating to his properties,  business, travel or other activities as may be specified in the notice; and  (vi) set out all his sources of income, including earnings and gifts or other assets for such period; and  (b) require any relative or associate of the person referred to in sub-section (1) (a), or any other person whom the Chairman of the Commission has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation and;  (i) identify every property, whether movable or immovable, whether within or outside Nigeria, belonging to him or in his possession, or in which such person has any interest, whether legal or equitable, and specifying the date on which each of the properties identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;  (ii) identify every property sent out of Nigeria by him during such period as may be specified in the notice;  (iii) set out the estimated value and location of each of the properties identified under sub-paragraphs (I) and (ii) and if any of such properties cannot be located, the reason therefore;    (iv) state in respect of each of the properties identified under sub-paragraphs (i) and (ii) whether the property is held by him or by any other person on his behalf or whether it has been transferred, sold, or kept with any person or whether it has diminished in value since its acquisition by him or whether it has been commingled with other property which cannot be separated or divided without difficulty;  (v) set out all other information relating to each of the properties identified under sub-paragraphs (i) and (ii), and the business, travel or other activities of such person; and  (vi) set out all the sources of income, earnings, gifts or other assets for such period; and  (c) require any officer of any bank or financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any bank or any financial institution to furnish copies of any or all accounts, documents and records relating to any person to whom a notice may be issued under paragraphs (a) or (b).  (2) Where the Chairman of the Commission has reasonable grounds to believe that any Public Officer who has been served with the written notice referred to in sub-section (1) owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present or past emoluments and all other relevant circumstances, the Chairman may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he shall be presumed to have used his office to corruptly enrich or gratify himself and charged accordingly.  (3) Every  person  to whom a notice or direction is sent by the Chairman under this section shall state the truth and disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.    (4) Where any person discloses any information or produces  any accounts, documents or records, in response to a notice under sub-section (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production,  be liable to prosecution for any offence or civil claim under or by virtue of any law, Contract, agreement or arrangement, or otherwise.  PROVIDED THAT Sub-section (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence provided by this section or for giving false evidence in relation to any statement on oath or affirmation furnished to the Chairman of the Commission pursuant to this section; or as provided for in section 27 (1) of this Act.

 

Presumption in  certain offences  etc.	53	(1) Where in any proceedings against any person for an offence under sections 3 to 19 it is proved that any gratification has been accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be solicited or given, promised or offered, by or to the accused, the gratification shall be presumed to have been corruptly accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be solicited or given, promised or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, until the contrary is proved.  (2) where in any proceedings against any person for an offence under this Act or any other law prohibiting corruption it is proved that such person has accepted or agreed to accept, obtained or attempted to obtain any gratification, such person shall be presumed to have done so as a motive or reward for the matters set out in the particulars of the offence, until the contrary is proved.    (3) Where   in any proceedings against any person for an offence under this Act or any other law prohibiting corruption it is proved that such person has accepted or attempted to obtain any valuable thing without consideration or for a consideration which he knows to be inadequate, such person shall be presumed to have done so with such knowledge as to the  circumstances set out in the particulars of the offence, until the contrary is proved.
Cap. 84 LFN		(4) Where in any proceedings against any person for an offence under the Custom and Excise Act, it is proved that any officer of customs or other person duly employed for the prevention of smuggling has accepted, agreed to accept or attempted to obtain any bribe, gratuity, re-compence, or reward, such officer or person shall be presumed to have done so for such neglect or non-performance of his duty as set out in the particulars of the offence, until the contrary is proved..

64. Protection of informers and information.
 
 
 
 

Prosecution  of offences	61	(1) Every prosecution for an offence under this Act or any other law prohibiting bribery, corruption and other related offences shall be deemed to be done with the consent of the Attorney-General  (2) Without prejudice to any other laws prohibiting bribery, Corruption, fraud or any other related offences by Public Officers or other persons, a public officer or any other person may be prosecuted by the appropriate authority for an offence of bribery, corruption, fraud or any other related offences committed by such public officer or other person contrary to any laws in force before or after the coming into effect of this Act and nothing in this Act shall be construed to derogate from or undermine the right or authority of any person or authority to prosecute offenders under any other laws.  (3) The Chief Judge of a State or the Federal Capital Territory, Abuja shall, by order under his hand, designate a court or judge or such number of courts or judges as he shall deem appropriate to hear and determine all cases of bribery, Corruption, fraud or other related offences arising under this Act or any other laws prohibiting fraud, bribery or Corruption; a court or judge so designated shall not, while being so designated, hear or determine any other cases provided that all cases of fraud, bribery, or corruption pending in any court before the coming into effect of this Act shall continue to be heard and determined by that court.
Joinder of  offences	62	Notwithstanding the provisions of any other Act or law where a person is accused of more than one offence under this Act, he may be charged with and tried at one trial for any number of such offences committed within the Space of any length of time.

Examination  of offences	63	(1) Every person required to give evidence under this Act who, in the Opinion of the court, makes a true and full disclosure of all things to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the seal of the court stating that he has made a true and frill disclosure of all things on which he was examined, and such certificate shall be a bar to any legal proceedings against him in respect of any such things.  (2) An application by the Chairman under subsection (1) may be presented to the court by the officer conducting the prosecution.
Protection of  informers and  information	64	(1)  Subject to subsection (2), where any complaint made by any officer of the Commission states that the complaint is made in consequence of information received by the officer making the complaint, the information referred to in the compliant and the identity of the person from whom such information is received shall be secret between the officer who made the complaint and the person who gave the information, and everything contained in such information, identity of the person who gave the information and all other circumstances relating to the information, including the place where it was given, shall not be disclosed or be ordered or required to be disclosed in public but only to the trial judge and the defence lawyer in attendance in any civil, criminal or other proceedings in any court or tribunal.  (2) If any book, paper or other document, or any visual or sound recording, or other matter or material which is given in evidence or liable to inspection in any civil, criminal or other proceedings in any court, or other authority as are referred to in subsection (1) contains any entry other matter in which any person who gave the information is named or described or shown, or which might lead to his discovery, the court before which the proceedings are held shall cause all such parts thereof or passages therein to be concealed from view or to be obliterated or otherwise removed so far as is necessary to protect such person from discovery-  (3) Any person who gives the information referred to in subsection (I) knowing the information to be false shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years, and shall also be liable to a fine not exceeding one hundred thousand naira;    PROVIDED THAT sub-sections (1) and (2) shall not apply to any investigation or prosecution for any offence arising from any breach of the provisions of this sub-section.