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A63
CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT,2000
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ARRANGEMENT OF SECTIONS
SECTION:
I. Short Title and Commencement 2. Interpretation. 3. Establishment of the Independent
Corrupt Practices, etc. Commission, Composition, Tenure and removal from office.
4. Appointment of Officers of the Commission, Oath of Office, etc., quorum for meetings, production of identification card.
5. Powers and Immunities of Officers of the Commission; Cap. 359 LFN.
6. General duties ofthe Commission to receive, investigate complaint and prosecute offenders, etc.
7. Standing Orders. 8. Gratification by an official 9. Corrupt offers to public officers 10. Corrupt demand by persons II. Counselling Offences relating to
corruption 12. Fraudulent acquisiting of property 13. Fraudulent receipt of property 14. Penalty for offences committed through
postal system 15. Deliberate frustration of investigation by
the Commission 16. Making false statement or return 17. Gratification by and through agents,
and definition of agent 18. Bribery of public officer 19. Offence of using office or position for
gratification 20. Penalty for offences under sections 8-19 21. Bribery in relation to auctions
22. Bribery for giving assistance etc., in regard to contracts
23. Duty to report bribery transactions. 24. Dealing with, using, holding, receiving
or concealing gratification. 25. Making of statement which is false or
intended to mislead, etc. 26. Attempts, preparations,
abetments and criminal conspiracies punishable as offence, delegation of Attorney- General's power to prosecute
27. Power to investigate reports and enquire into information
28. Power to examine persons 29. Summons against suspects 30. Forms and service of summons. 31. Cap.407 LFN. 32. Sustituted service. 33. Acknowledgement of service. 34. Detention of person refusing to
acknowledge service 35. Failure to appear after receipt
of summons. 36. Forceful entry of premises. 37. Seizure of movable or immovable property. 38. Custody of seized Property, etc. 39. Advocates and solicitors may be required
to disclose information. 40. Legal obligations to give
information. 41. Obstruction of inspection and
search. 42. Offence under Act to be
seizable offences and bail, etc. 43. Investigation of share Accounts, etc.
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A 64, 2000 No.5 The Corrupt Practices and other related Offences Act
44. Chairman's Powers to obtain information. 45. Seizure of movable property in bank ;
and notice of seizure. 46. Prohibition of dealing with property
outside Nigeria. 47. Forfeiture of property upon prosecution
for an offence. 48. Other grounds for forfeiture of
property. 49. Dealing with property after seizure to be
null and void. SO. Surrender of travel documents; Cap. 343
LFN. 51. Chairman's powers to amend or revoke
any Order of Notice under this Act. 52. Independent counsel to investigate
President, etc. 53. Presumption in certain offences, etc. 54. Public evidence of corroboration. 55. Evidence of Accomplice and agent
Provocateur. 56. Admissibility of statements by accused
persons. 57. Admissibility of statements and
documents of persons who are dead or cannot be traced, etc.
58. Presumption in favour of admissibility of certificate issued by principal or employer, etc.
59. Admissibility of translation of documents.
60. Evidence of custom inadmissible as a defence.
61. Prosecution of offences. 62. Joinder of offences. 63. Examination of offences. 64. Protection of informers and
information. 65. Protection of officers of the
Commission, etc. 66. Liability for offences outside Nigeria 67. Application of provisions of this Act to
any prescribed offence 68. General Penalty for other offences 69. Powers of Police officers under this Act;
Cap. 359LFN. 70. Commission's power to make rules 71. Rights of Appeal.
THE CORRUYf PRACOCES AND OTHER RELATED . OFFENCES ACft2000
2000 Act No.5
AN ACT TO PROHIBIT AND PRESCRIBE PUNISHMENT FOR CORRUPT PRAcnCES AND OTHER
RELATED oFfENcEs
PRELIMINARY
[ 13th June, 2000 ]
1. This Act may be cited as Corrupt Practices and Other Related Offences Act, 2000 and shall come into force on the day of .2000.
2. In this Act, unless the context otherwise requires -
"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, nom inee or representative, trustee, firm or incorporated company known to act subject.to the directives or influence of such person'
"Bank" means a bank, a financecompany, a Commercial Bank, a "rchant bank, or a discount house, licensed under the Banks and Other Financial c,wtions Decree, or any other financial institution established or licensed 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 Indeper rt Corrupt Practices an,jther Related Offences 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;
Commence- ment .. Short title and
Interpretation.
A 66 2000 No.5 The Corrupt Practices and other related Offences Act
"Dealing" includes=-
(a) any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, 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 knows to be or does not believe to be true;
"Financial Institution" means any body or institution which carries on any banking business or fmancial 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 employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan, 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 crimina! nature, whether or not, already instituted, and including the exercise 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 (j) ;
"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 member of the Commission appointed in accordance
with section 3 of this Act;
The Corrupt Practices and other related Offences Act 2000 No. S A 67
"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 endorsement;
"An official" means any director, functionary, officer, agent, servant, privy or employee serving in any capacity whatsoever in the public service or other public body, or in any private organisation, corporate body, political party, institution or other employment 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 of persons 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 Parties (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 ofthe Federal Republic of Nigeria ; "Principal" includes. any employer, any beneficiary under a trust, any trust
estate, any person beneficially interested in 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 private company wholly or 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, Area or Customary Courts or Tribunals;
"Purchaser in good faith for valuable consideration" means any transferee, assignee, chargee, mortgagee, pledgee, holder ofa lien, or leasee, of 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 consequence of the commission of any offence under this Act; and
"Relation" includes father, mother, child, brother, sister, uncle, aunt and cousins where applicable and their spouses.
ESTABUSHMENT OF COMMISSION, ApPOINTMENTS AND POWERS
3. Establishment of the Independent Corrupt Practices and other Related Offences Commission and appointment of Chairman and members of the Commission.
4. Appointment of other officers of the Commission.
S. Powers and immunities of Officers of the Commission.
A'" 'UOO',No. 5· -The Corrupt Practices and other related Offences Act
Establishment of the Independent Corrupt Practices, etc. Commission, Composition, tenure and . removal from office,
6. Duties of Officers of the Commission,
7. Standing Orders
INDEPENDENT CORRUPT PRACTICES AND OTHER Rl;LATTED OFFENCES COMMISSION
3.-(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) Th~ 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 ofhis
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 ofa 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 Comrnissk. who shall be person of proven intergrity shall be appointed by the President, upon confirmation by the Senate and shall not begin to discharge the duties of their offices until they have declared their assests and liabilities as prescribed in the Constitution of the Federal Republic of Nigeria.
(7) iThe 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 reapointment 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 miscondeet.
TheComlpt Practices and other related0Jfe~ Act . .,:.,~5tjf._ (9) The Chainnan or any memberoftheCOi'iihissioomaymignhiS.~ .c..~ .'. j " •
by notice in writing under his hand addressed to the President and the tIWnn_ 01' that member shall on the date of the rece~~t of the notice' of fesign&tiOnby 'die President cease to be a member of the Commission. " .
(10) The Chairman' and members of the Commission shall hold office OIl sudI terms and conditions as may be specified in their instruments of appoin1:ment, and in the exercise of their functions, they shan not be subject to any other authority excepts as provided by the Act.
(II) The tenure of office and conditions of service of the staff of the Co4Junission shall, subject to the provisions of this Act, be determined by the Commission.
(12) The Commission shall have pow-er 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.
4.--{ I) 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.
Appointment of otrK:C1S of the Commission, Oath of Office, etc" Quorum fOL meetings. production of identitiGation card.
(2) The Chairman and any four (4) members of the Commission shall C9nstitute 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 R.epuf>lkof Nigeria for public officers.
(4) Service in the Commission shall be approved service for the purposes of Clip. 346 the Pensions Act. . LfN.
(5) Every Offic'tr of the Commission~~en discharging the duties orhis O~I shall, on demand, declare his office and produce to the person against whom ,be is, acting or from whom he seeks any informati9n, e~idence ()fhiSidentity.~~; Commission. ' . .' '; ( . -.'',: •""~~'.-. " .. ' ". .
(6) There shall be a Secretary to the Commission appointed by .tbe .~ictent who, under the general direction of the Chairman, shall be responsiblefor k~~ the records ofthe Commission and the general administration and control oftbestaff of the Commission. ' ,
A 70 2000 No. S The Corrupt Practices and other related Offences Act
Powers and Immunities of officers of the Commission Cap. 359 LFN.
General Duties of the Commission to receive. investigate complaint and prosecute offenders. etc.
(7) There shall be appointed such number of Commissioners, Deputy Commissioners, Assistant Commissioners Superintendents, Assistant Superintendents, Senior Investigators and Investigators of the Commisson 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.
5.--(1) Subject to the provisions of this Act, an officer of the Commission when investigating or prosecuting a case of corruption, shall have all the powers and immunities of a police officer under the Police Act and any other laws conferring power on the Police, or empowering and protecting law enforcement agents.
(2) If, in the course of any investigations or proceedings in court in respect of the Commission of an offence under this Act by any person there is disclosed an offence under any other written law, not being an offence under this Act, irrespective of whether the offence was committed by the same person or any other person, the officer of the Commission responsible for the investigation or proceedings, as the case may be, shall notify the Director of Public Prosecutions or any other officer charged with responsibility for the prosecution of criminal cases, who may issue such directions as shall meet the justice of the case.
6. It shall be the duty of the Commission--
(a) where reasonable grounds exist for suspecting that any person has conspired to comm it or has attempted to comm it or has committed an offence under this Act or any other law prohibiting corruption, to receive and investigate any report of the consipracy 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
(j) to enlist and foster public support in combating corruption.
The Corrupt Practices and other related Offences Act 2000 No. 5 ~ 'I - ~., I
7.-{ I) The Chaignanmay issue administrative orders'to be called "Standing Standi". Orders", wh ich shall conform with the provisions of the general control, training, Orders. 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.
OFFENCES AND PENALTIES
8. Offence of accepting gratification
9. Offence of giving or accepting gratification through agent.
10. Acceptor of giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal's affairs or business.
II. Counselling offences relating to corruption.
12. Fraudulent acquisition of property.
13. Fraudulent receipt of property.
14. Penalty for offences committed through postal system.
15. Deliberate frustration of investigation by the Commission.
16. Making false statements or return.
17. Gratification by and through Agents and Definition of Agent.
18. Bribery of Public Officer.
19. Using office or position for gratification.
20. Forfeiture of gratification and other penalties.
21. Bribery in relatioii to auctions.
22. Bribery for giving assistance, etc, in regard to contracts.
23. Duty to report bribery transactions.
24. Dealing with property acquired through gratification.
25. Making false or misleading statements to the Commission. .. . ' ':_,.': . . ,',' '. ", "." J.,
property or any part thereofuntil the order is revoked or varied. .
(2) No bank, agent or employeeofa bank shall on account of such compliance; be Iiab Ie to any prosecution or to any civi I proceedings or claim by any person under or by virtue of any law, contract, agreement, or arrange~ent, or otherwise. , .
(3) Any person who fails to comply with an order of the Chairman' of the Commission under subsectionr I) shall be guilty of an offence andshallon convictMA be liable toa fine not exceeding two times the amount which-was paid out 'in contravention of the Chairman's order or fifty thousand naira.whichever is the higher, and to imprisonment for a term not exceeding two(2) yea~s.
(4) the subject-matter of an offence under this Actor evidence of the commission of such offence shall be liable to seizure and the seizure shall be effected.
(a)by the issuance of a Notice of' seizuresigned by the Chaitman of the Comm ission or any other person authorised by him setting out therein theparticiJlars of the immovable property which is to be seized in so far as suchpartkulars are within his knowledge, and prohibiting all dealings in such immovable property ; and
(b) by publishing a copy of'such'notice in two newspapers circulating i~ Nigeria which shall be in the English Language; and
'(c) by serving a copy of such-Notice on the officer of the' Ministryof Lands of the Area in which the immovable property is situate.' '.' .
(5) The officer responsible for land matter referred to in substction (4) {c) shall. immediately upon being served with a Notice of Seizure uridersubsec€iQrl (1) endorse the terms ofthe notice of seizure on the document o'ftitle in r~spect orthe immovable property in the Register at his office.
460 Where the Chairman ofthe Commission is satisfied that anyproperty'is the subject-matter of an offence under this Act or was used in thecomniission'of the, offence, and such property is held or deposited outside Nigeria,hemaymake!an application by way of an affidavit to a Judge of the Higli Court for ari'order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property. .' ,
Seizure of movable Property in bank and Notice of seizure.
Prohibition '. of -dealing , with property outside NIgeria.
A 90 2000 No.5 The Corrupt Practices and other related Offences Act
Fofefciture of property upon Prosecution for an offenee.
Other' grounds' for forfeiture of property.
Dealing with property after seizufC to be null and void.
47.-{ I) In any prosecution for an offence under this Act, the court shall make an order for the forfeiture of any property which is proved to be the subject-matter of the offence or to have been used in the commission of the offence where-
(a) the offence is proved against the accused; or (b) the offence is not proved against the accused but the court is satisfied :
(I) that the accused is not the true and lawful owner of such property ; and
(it) that no other person is entitled to the property as a purchaser in good faith for valuable consideration.
(2) Where the offence is proved against the accused or the property referred to in subsection (I) has been disposed of, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to the amount of the gratification or is, in the opinion ofthe court, the value of the gratification received by the accused, and any such penalty shall be recoverable as a fine.
48.-{ I) Where in respect of any property seized under this Act there is no . prosecution or conviction for an offence under this Act, the Chairman of the Commission may, before the expiration of twelve months from the date of the seizure, apply to a Judge of the High Court for an order offorfeiture of that property ifhe is satisfied that such property had been obtained as a result of or in connection with an offence under sections 8 to 19.
(2) The Judge to whom an application is made under subsection (I) shall direct to be published a notice in the Gazette and in at least two newspapers circulating in Nigeria, which shall be in English Language calling upon any person who claims to have an interest in the property to attend before that court on a date specified in the notice, to show cause why the property should not be forfeited to the Government.
(3)Where 'the Judge to whom an application is made under subsection (I) is satisfied-
(a) that the property is the subject-matter of or used in the commission of an offence under this Act; and
(b) there is no purchaser in good faith for valuable consideration of the property, he shall make an order for the forfeiture of the property.
(4) Any property in respect of which no application is made under subsection (I) shall, after the expiration of twelve months from the date of its seizure. be released ,to the person from whom it was seized.
49. Where any property has been seized under this Act, and so long as such seizure remains in force, any dealing effected by any person or between any persons in respect of such property, except any dealing effected under this Act or by virtue of this Act by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Nigeria, or the Government of a State, or a Local
, Government or other statutory authority, shall be null and void. and shall not be"- registered or otherwise given effect to by any person or authority.
The Corrupt Practices and other related Offences Act 2000 No. 5 A 91
50.-( I) Notwithstanding any written law to the contrary, the Chairman of the Commission may upon a court order where he has reasonable grounds to believe that any person who is the subject of investigation in respect of any offence under this Act is likely to leave Nigeria, by written notice require such person to surrender his passport or exit permit or any other travel documents in his possession.
(2) A notice under subsection (I) shall be served personally on the person to whom it is addressed.
51.-( I) The Chairman of the Commission may at any time amend or revoke any order or notice which has been made or given by him in exercise of any power conferred on him under this Act. PROVIDEDTHAT the revocation of any such notice or order shall not debar the Chairman of the Comm iss ion from issuing any fresh orders or notices, against any person or thing affected by the earlier order or notice.
(2) The revocation or amendment of an order or notice under subsection (I) may contain consequential, ancillary or incidental mattersrelevant to such revocation or amendment.
52.-( I) When an allegation of corruption or anything purporting to contravene any provision of this Act is made against the President or the Vice President of Nigeria or against any State Governor or Deputy Governor, the Chief Justice of the Federation shall, if satisfied that sufficient cause has been shown upon an application on notice supported by an affidavit setting out the facts on which the allegation is based, authorise an independent counsel (who shall be a legal practitioner of not less than fifteen years standing) to investigate the allegation and make a report of his findings to the National Assembly in the case of the President or Vice President and to the relevant State House of Assembly in the case of the State Governor or Dep,!lty Governor.
(2)The Commission shall be enjoined to fully co-operate with such independent counsel and provide all facilities necessary for such independent counsel to carry out his functions.
EVIDENCE
53. Presumption in certain offences. 54. Evidence of corroboration. 55. Evidence of accomplice and agent provocateur. 56. Admissibility of statements by accused persons. 57. Admissibility of statements and documents of persons who are dead or cannot be traced etc. 58. Presumption in favour of certificate issued byprincipal or employer. 59. Admissibility of translation of documents 60. Evidence of custom or convention inadmissible.
53.-( I) Where in any proceedings against any person for an offence under sections 8 to 19 it is proved that any gratification has been accpeted 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
Surrender of travel documents. Cap. 343 LFN.
Chairman'S Powers to amend or revoke any order or Notice under this Act.
Independent Counsel to Investigate President, etc.
Presumption in certain offences, etc.
A 92 2000 No.5 The Corrupt Practices and other related Offences Act
Cap X4 LFN.
Public cv idcnce of C< .rroborat ion.
r vuk-ucc of .u.corupl icc ;111(1 ;tt!Cllt
provocateur.
pressumed 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 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.
(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-cornpence, 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.
54. In any proceedings against any person for an offence under sections 8 to 19 of this Act, it may be proved that at or about the time of the alleged offence, or at any time thereafter the accused, or any relative or associate of his-
(u) held any property for which he, or his relative or associate, as the case may be, is unable to give a satisfactory account as to how he.came into its ownership, possession, custody or control; or
(h) had entered into any dealing for the acquisition of any property and he is unable to satisfactorily account for the consideration for which it was or is agreed to be acquired, and the evidence in relation thereto shall be presumed to corroborate any evidence relating to the Commission of the offence.
55. Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act-
(a) no witness shall'be regarded as an accomplice by reason only of such witness having:
(i) accepted, received, obtained, solicited, agreed to accept or receive, or attempted to obtain any gratification from any person;
(ii) given, prom ised, offered or agreed to give any gratification; or
(iii) been in any manner concerned in the Commission of such offence, or having knowledge of the Commission ofthe offence,
if before the completion of the act or acts constituting the offence, knowledge of the witness participation has been reported to the Commission by the witness;
The Corru,pt Practices and other, related OifencesAp(;. ~.
(b)no agent provocateur, whether he isaq,pffi:cer of the Commissi()~9I"not, shall be presumed to be unworthy of credit by reason only\ofhi~having ~mP,ted to comm it, or abet or having abetted or engaged in a crimtnatc':)I~spiracy to commit such offence, if the main purpose of sucf attempt; abetment or engagement was to secure evidence against such person; and ' ... '
(c) any statement whether oral or written, made to an agent provocateur by such person shall be admissible as evidence at his trial.
.. '
56.--{ I) In any trial or inquiry by a court into any offence under this Act, any statement, whether the statement amounts to a confession. or not whether oral or written, made at any time, whether before or after the person is charged and whether .. or not in the course of an investigation, and whether wholly or partly in answer to question, by the accused person to or in the hearing of any officer of the Commission, whether or not interpreted to him by any officers of t~~.Cornmission or any other person concerned" or not in the arrest Of that person, shall"notwithstanding any written law or rule of law to the contrary, be admissible in evidence at the trial;
PROVIDED THAT the officer who procured such statement shall make himself available at the trial for the purpose of cross-examination.
(2)No statement made under subseetiont l) shall be admissible or used as provided for in that subsection if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in authority and sufficient in the opinion of the court to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil ofa temporal nature in reference to the proceedings against him.
(3) Where ~Y;~~~>r1'is~o, is infQrmed that he may be pro5ec~ for any off~rn;~iu~~tbi~A~t,he ~fJ'eserv.ed.with a noticein writing, ",hicb shall be explained to.him, to the following~fteCt"":" ..
~' .. .
.d~'Xpu~al(~ ~'! arrest¢Y.~Y" \V \f(r~te~ay be used inany court ofIaw hereafter".
g;. Notwithstanding any writt~'" law to the contrary, in any proceodings.apinst any person for an offence AAder,this Act- ..
(a) any statement made by any person to an officer of the Commission or any other person in the course of an investigation under this Act or any Jaw prohibiting fraud, bribery or corruption; and ..
(b)any document, or copy of anydocurnent or photographic or electronic ~vJq~oce ..()rthin~sei~d from an~ person or however obtained by an offi~r of the CQ.wmi~~i~~or ~y· ..other ~~ in exercise of his powers under or by virme of this Act, or any other relevant law;
shall ~eadmissible in evidence in any proceedings under this Act 'before any court, where the perSon who gave the thing, made the statement, docunieht or the copy' of such dOcument is dead, or cannot be traced or found, or has become
A~i~ of~ by acalSCict· persons,
AdMi'tiibilitY of statements- and documents of persons who are dead or cannot be traced, etc.
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bcAmptioD',~~iIity o(,GeI1Uicate....by jrinc:~or "ployer, . etc.
Admissibility of translation of documents.
Evidence of Custom Inadmissible as a defence.
.Prosecution of offences.
iilcapable of giving evidence, or whose attendance cannot be procured without an amOODt of delay or expense which appears to the court unreasonable.
(c)without prejudice to the foregoing provisions or the provisions of any other role of law or evidence all photographic or electronic evidence however, obtained, shall be admissible in evidence.
58.-(1) A certificate issued by a principal or an officer on behalf of his principal shall be admissible in evidence in any proceedings against any person for any offence under this Act as prima facie proof that the person named in such certificate-
(a)held the position, office or capacity specified in such certificate and for such periQd so specified ; and
(b)received the emoluments specified in such certificate.
(2) A certificate issued under subsection (I) shall be prima facie proof that it was issued by the person purporting to issue it as principal or on behalf of the .principal without proof of the signature of the person who issued such certificate and without proof of the authority of such person to issue it in the absence of any reasonable proof to the contrary.
59.~ I) Where any document which is to be used in any proceedings against any person for an offence under this Act is in a language other than the English Language, a translation of such document into the English Language shall be admissible where the translation is accompanied by a certificate ofthe person who translated the document setting out that it is a true and faithful translation and the translation had been done by such person at the instance of the Chairman or an officer of the Commission.
(2)Subsection (I) shall apply to a document which is translated, regardless whether the document was made within or outside Nigeria, or whether the translation was done within or outside Nigeria, or whether possession of such document was obtained by the prosecution within or outside Nigeria.
60. In any proceedings under this Act, evidence shall not be admissible to show that any such gratification mentioned in this Act is customary in any profession, trade, vocation or calling or on a social occasion.
PROSECUTION AND TRIAL OF OFFENCES
61. Prosecution of Offences. 62. joinder of Offence. 63. Certificate of indemnity in favour offull disclosure. 64. Protection of informers and information.
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
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other person may be prosecuted by the approptiate authority for an offence of bribery, corruption, fraud or any other related offences committed bysuch 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 persons or authority to prosecute offenders under any other laws.
(3) The Chief Judge ofa 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 shatt 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. '
62. Noth withstanding 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.
63.-{ I) 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 full 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 (I) maybe presented to the court by the officer conducting the prosecution.
64.-( I) 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 complaint and the identity of the person from. whom information is received shall be secret between the officer who made the complaint 3Ddthe person who gave the information, and everything contained in such information, identity of the person who gave the information and all other circumst8ntes 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 ip evidence or liable to inspection in any civil, criminal or other proceedings in any court, or other authority as are refferred to in subsection (I) contains any entry other matters 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.
Joinder of offences.
Examination of offences.
Protection of infonners and information.
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Protectionof officers of the Commission. etc. Liability for offences outside Nigeria.
Appl ication of provision of this Act to any prescribed offence.
General Penalty for other offences.
(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 Oil 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 subsections (1) and (2) shan not reply to any investigation or prosecution for any offence arising from any breach of the provisions of this subsection.
GENERAL
65. Protection of Officers' oft he Commission. 66. Liability for offence committed outside Nigeria. 67. General application.toany other offence. 68. General penalty section (or any other offence. 69. Notice of any prosecution under the Act to be served on the Comrn ission. 70. Powers of the Chairman to make rules.
65. No legal proceedings, civil or criminal, shall be instituted against any officer of the Commission or any otherperson.assisting suchofficer for any act which is done in good faith or for any omission i'1good faith by such officer or other person.
66.-( 1) The provision of this Act Shall, in relation to citizens and persons granted permanent residence in Nigeria, have effect-outside as well as within Nigeria, andwhen an offence under this Act is committed in any placeoutsideNigeria by any citizen or persons granted permanent residence in Nigeria, he may be dealt with in respect of such offence as ifit was committed at any place within Nigeria.
(2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Nigeria shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence, outside Nigeria.
(3) The Commission shall have the power to engage the service of INTERPOl. or such local or international institution, body or persons possessing special knowledge or skill on the tracing of prop~rtiesor detention of cross border crimes.'
67. Notwithstanding any other.written law to. the contrary, the provisions of this Act shall apply to: a prescribed offence regardless of whether the prosecution or any other proceedings in respect of suchoffence are instituted or taken b'y an officer of the Commission, ora police officer or customs officer or any other officer having powers to.investigate, prosecute, or take any proceedings in respect of such offence,
68. Any person convicted for an offence under this Act for whidh no penalty is specifically provided shall be a liable to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two years er both.
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69. Nothing contained in this Act shall derogate from the powers of a police officer to investigate any offence under this Act or to prosecute any person in respect of any such offence provided that the Police shall bring to the attention of the Commission every case of bribery, corruption or fraud being investigated or prosecuted by them after the coming into force of this Act.
70. The Chairman of the Commission may make rules for giving effect to the provisions of this Act and, without prejudice to the generality ofthis provisions, may make rules-
(0) providing for the form of any notice, order, declaration or any other matter under this Act; and
(b) for the service or delivery of any notice, order, direction, instruction, or other thing to be done under this Act.
71. A person convicted for an offence under this Act or any other law prohibiting Bribery or Corruption shall have and exercise any or all such rights of appeal as conferred by the Constitution of the Federal Republic of Nigeria in such case.
EXPLANATORY MEMORANDUM
The Act seeks to prohibit and prescribe punishment for Corrupt Practices and other related offences.
It establishes an Independent Corrupt Practices and Other Related Offences Commission vesting it with the responsibility for investigation and prosecution of offenders thereof.
Provision has also been made for the protection of anybody who gives information to the Commission in respect of an offence committed or likely to be committed by any other person.
Powers of Police Ofticers under this Act. eap. 359 LFN.
Commission's Powers to make rules.
Right of Appeal.
SCHEDULE TO THE CORRUPT PRACTICES AND OTHER RELATED OFFENCE AC1, 2000
(I) (2\ (3) (4) (5) Date Date Passed
Short Title of Long Title of the Act Summary of Contents of the Act Passed by by House of the Act Senate Representatives
The Corrupt Practices An Act to Prohibit and Prescribe Punishment for The Act. among other things. seeks to prohibit 31-5-2000 1-6-2000 and other Related Corrupt Practices and Other Related Offences and prescribe punishment for corrupt practices Offences Act, 2000 and other related offences.
It establishes the Independent Corrupt Practices and Other Related Offences commission vesting it with the responsibility for investigation and and prosecution of offenders. It further seeks to provide that in case of the President. Vice President. Governor. or Deputy Governor. any allegation of corrupt practices or anything purporting to contravene any of the provoisions of this Act, made against him, the the Chief Justice of the Federation may authorise an independent investigator to carry out investigation thereof and make available his rer ort of findings to the National Assembly or the relavant State House of Assembly. as the case may be. lt also provides that any offence committed. outside Nigeria by a Nigerian citizen would be punished as if it were committed in Nigeria. Provision has also been made for the protection of a person who gives information to the Commission in respect of an offence committed or likely to be comrnittted b, any other person.
.. . . I certify that thit Act has been carefully compared by me WIth the decision reached by the National Assembly and lound by me to be true and correct decision of the Houses aDd is in accordance with the provisions of the Acts Authentication Act of 1961.
IBRAHIM SALIM, CON Clerk to the National Assembly
6th June. 2000
IASSENT.
CHIEF OLUSEGUN OBASANJO, CoCFR
President of the Federal Republic oj Nigeria 13th June. 2000