Several sources have confirmed the reason why the Senate whittled the power of the Chairman of the Independent Corrupt Practices and other related offences Commission in the amended ICPC Act.
The Senate had last week passed the ICPC amendment Act, with some sections seen as cutting the Chairman’s power.
Among the amended sections regarded as cutting the powers of the Chairman and said to be inimical to the operations of the anti-graft agency are Sections 3(5), 3(6), 3(7), 3(8), 3(9) and 3(10) of the Principal Act amended the Act by substituting the word “Board members” with “Commissioners”.
The Senate amended Section 3 of the Principal Act further by inserting a new subsection 3(11) creating offices for the Commissioners of the Commission.
The new subsection 3(11) states: “The Commissioners of the Commission shall have the following offices:
i. Commissioner (Investigative Matters)
ii. Commissioner (Legal Matters)
iii Commissioner (Prevention, Systems Review and Financial Intelligence)
iv Commissioner (Asset Recovery and Management)
v Commissioner (Anti-Corruption Education and Mobilization)
vi Commissioner, (Forensics and Emerging Technologies)
vi Zonal Commissioner, North East
viii Zonal Commissioner, North Central
ix Zonal Commissioner, North West
x. Zonal Commissioner, South East
xi. Zonal Commissioner, South South
xii. Zonal Commissioner, South West
“Provided always that in assigning responsibilities to the Commissioners, the President shall have regard to their geo-political zones and respective disciplines.”
According to impeccable sources, the implication of the amendment of Section 3 of the Principal Act and the new subsection 3(11) is the whittling down of the powers of the Chairman of the Commission unlike other law enforcement agencies such as the Economic and Financial Crimes Commission, National Drug Law Enforcement Agency and Nigeria Customs Service, adding that the powers of law enforcement agencies cannot be subject to the decisions of Committees and political considerations.
All Commissioners and Board Member positions are occupied by political appointees, which many regard as “job for the boys” or for settlement for supporting the political party in power.
Such positions are also seen by the occupants as opportunity to enrich themselves order to be able to support the party in power for future elections or to build a war chest to contest elections.
The Senate also amended Section 4(2) of the Principal Act, with the new subsection (2) stating that the quorum for meetings shall be “any five board members” and the five members in attendance shall appoint a Chairman to preside over the meetings.
The import of this amendment is that “any five members” of the board can meet and take far reaching decisions.
Section 4(2) of the original ICPC Act states that the Chairman and any four board members of the Commission shall constitute a quorum for meetings.
The Senate also amended Section 7 of the Principal Act on the issuance of administrative orders by the Chairman of the Commission called “standing orders”.
Section 7 (1) of the Principal Act states: “The Chairman may issue administrative orders to be called ‘standing orders’, which shall conform with the provisions of 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.
The Senate amended Section 7(1) of the Principal Act further by substituting the word “Chairman” for “Commission”.
The legislators also whittled down the punishment of seven years for offering and accepting gratifications in Sections 8, 9 and 10 of the Principal Act.
Those who have been following developments in the ICPC said the amendment was carried out as a result of the non-compromising position of the Chairman of the ICPC, Prof. Bolaji Owasanoye, over constituency projects.
According to available information, lawmakers, especially those at the federal level, see constituency projects as their own cash cow.
But since the appointment of Owasanoye as as the Chairman of ICPC after serving as the Executive Secretary of the Presidential Advisory Committee Against Corruption, to which he was appointed in August 2015, the Commission has forced over 500 contractors to return to project sites to complete abandoned projects valued at over N45 billion.
Under the constituency and executive projects tracking initiative, which is in its fifth stage, the ICPC has tracked over 3,000 projects valued at about N400 billion.
For some Board Members, they see Owasanoye as a stumbling block to their ambition to use the commission to “cash Out” the sources said.
They are this trying to get more powers to decide investigations, prosecutions and others rather than what the law says.
They thus set out to influence some members of the Senate Committee on Anti-Corruption and Financial Crimes so as to get more powers for themselves.
According to the sources who spoke in confidence, there are several imports to the amendment of the ICPC Act once it gets the concurrence of the House of Representatives.
One of the sources said the amendment of the ICPC Act by whittling down the powers of the ICPC Chairman conflicts with the globally recognised standard for law enforcement agencies, where responsibility is not shared, but actually vested in the Head of the Agency, adding that the amendment of fines by the Senate may be counter-productive to prosecution, stretch trial or lead to judicial pushback.
They also said by substituting members of the board with commissioners will be misleading to the general public.
Section 5 of the Principal Act provides that ICPC officers have the powers and immunities of a police officer under the Police Act and any other law conferring power on the Police or empowering and protecting law enforcement agents, adding that an attempt to transmit the titles of commissioners to board members, who are political appointees on a law enforcement agency, would create an absurdity unknown within law enforcement circles.
The boards of Police Service Commission, Code of Conduct Bureau and Tribunal, EFCC and NDLEA do not refer to their board members as commissioners.
The provisions of the Senate vesting Committees of the Board with such powers or functions is tantamount to empowering the Board to carry out the functions of staff of the Commission
On meetings of the board, it is the accounting officer of the Commission, which is the Chairman that can only preside at all meetings of the Board or whoever he so designates.
A random appointment of any of the members to preside at a board meeting as passed by the Senate will go against his responsibility as the accounting officer.
On divesting the powers of the ICPC Chairman, it has grave implication.
As the accounting officer of the Commission, the Chairman was given certain administrative and operational powers in Sections 7 and 70 of the Principal Act.
It stands to reason that with responsibility as the accounting officer comes certain powers on which basis the Chairman can be held accountable, therefore the amendments to Sections 7 and 70 by the Senate to vest those powers in board members of the commission are antithetical to the Chairman’s position as accounting officer of the commission.
The Senate’s deletion of “oral directives” in Paragraph 4(8) of the Principal Act will cause a clog in the operations of the Commission.
Oral directives are as valid as written directives in law enforcement circles.
Limiting action to written directives alone will slow down the Commission’s effectiveness and efficiency.
The also said the amendments by the Senate if not expunged have the potential to hinder the Commission from being an effective law enforcement agency in the critical task of investigation and prosecution of crime, recovery of stolen or diverted public assets, assessment of corruption risk in Ministries, Departments and Agencies and ability to prevent same and stability in the management of the agency.
REPORT OF A BILL FOR AN ACT TO AMEND THE CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT, 2000 TO STRENGTHEN THE ROLE OF THE INDEPENDENT CORRUPT PRACTICES AND OTHER RELATED OFFENCES COMMISSION, AND ALLOW IT PROSECUTE CASES BEFORE THE FEDERAL HIGH COURT, ALIGN ITS PROVISIONS WITH THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, CLEAR AMBIGUITIES AND ENHANCE ITS PREVENTIVE ROLE BY PROVIDING FOR SHARED RESPONSIBILITY TO QUICKEN AND DEEPEN THE EXECUTION OF THE COMMISSION’S MANDATE, 2023 (SB. 1115).
ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:—
| PROVISION OF THE PRINCIPAL ACT | PROVISION OF THE BILL | COMMITTEE’S RECOMMENDATION | ACTION TAKEN |
| 2. Interpretation 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, nominee or representative, trustee, firm or incorporated company known to act subject to the directives or influence of such person: “Bank” means a bank, a finance company, a commercial bank, a merchant bank, or a discount house, licensed under the Banks and Other Financial Institutions Decree, or any other financial institution established or 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 gain or profit and includes all property derived from or used in or for the purpose 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 Independent Corrupt Practices and other Related Offences Commission established under section 3 of this Act; “Constitution” means the constitution of the Federal Republic of Nigeria 1999; “Corporate body” means any legal entity artificial or otherwise recognized by the companies and Allied Matters Act or created under the authority of law in Nigeria; “Corruption” includes bribery, fraud and other related offences; “Dealing” includes- Any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation trust, settle deposit withdrawal, transfer between accounts, or extension of credit;Any agency or grant of power of attorney, andAny 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 anybody or institution which carries on any banking business or financial transactions whether lawfully or unlawfully as defined in the Bank and other financial institutions Decree; “Gratification” means Money, donation, gift, loan, fee, reward, valuable security, 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;Any office, dignity, employment, contract of empowerment or service and any agreement to give employment or render services in any capacity;Any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;Any valuable consideration of any kind, any discount, commission, rebate, bonus deduction or percentage;Any forbearance to demand any money or money’s worth or valuable thing;Any other service or favour of any description, such as protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the proceedings of a disciplinary, civil or criminal 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; andAny offer, undertaking or promises, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f); “Judge of Superior Court of Record” means a judge holding any of the offices defined by section 6 (5) of the constitution; “Local Government” has the meaning assigned to it in the Constitution of the Federal Republic of Nigeria; “Member” means any of the member of the Commission appointed in accordance with section 3 of this Act; “Money instrument” includes coin or currency of Nigeria or of any country, travelers’ cheque, personal cheque, bank cheque order, investment security or negotiable instrument in bearer form or otherwise in such form that title hereto passes upon delivery or delivery endorsement; “An official” means any director, functionary, offer, agent, servant, privy or employee serving in any capacity whatsoever in the public service or other public body, or in any private organization, cooperate 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; “Political Party” means anybody of person 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 of the 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 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, charge, mortgagee, pledge, holder of a 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, other child, brother, sister, uncle, aunt and cousins where applicable and their spouses. | 1. Amendment of section 2 of the Principal Act a. Section 2 of the Principal Act is amended by substituting the word ‘Member’ for the word ‘Commissioner’ b. The definition of the word “Associate” in the interpretation section of the Act should be expanded to include friend, subordinate, superior, etc., and companies in which they have interest(s). c. Definition of corruption to include abuse of office, the abuse of procedure, process or power by a person in position of authority, embezzlement and misappropriation of public funds, breach of trust, obtaining by false pretense and other related offences; d. Section 2 of the Principal Act is amended by deleting the definition of “public officer” and substituting it with new definition after the words ‘‘public officer’’ for the words ‘‘has the same meaning as defined in Part II Fifth Schedule of the Constitution of the Federal Republic of Nigeria” e. Interpretation of “Relation” should include husband and wife. | The definition under the Act should be retained and the proposed amendment discarded. The word “member” should be retained. Proposed amendment to be retained Proposed amendment to be retained Proposed amendment should be retained | Passed but other sections changing “members” to “Commissioners” retained Rejected on the ground that the proposed amendment is too wide Rejected on the ground that expanding the definition of corruption is a usurpation of the functions of other agencies Passed Rejected on the ground that a corrupt official can empower his family and that the family should not be touched |
| Establishment of the independent Corrupt Practices, etc. Commission, Composition, Tenure and Removal from office. 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”) Commission composition, tenure and removal from Office. The commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. 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;Retired police officer not below the rank of commissioner of police;A legal practitioner with at least 10 years post- call experience;A retired judge of a superior court of record;A retired public servant not below the rank of a Director;A woman;A youth not being less than 21 or more than 30 years of age at the time of his or her appointment andA chartered accountant. 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. Remuneration for members of the Commission shall be determined by the National Revenue Mobilization, Allocation and Fiscal commission. The Chairman and members of the Commission who shall be person 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 until they have declared their assets and liabilities as prescribed in the Commission of the Federal Republic of Nigeria. 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 re- appointed for another term of four (4) years but shall not be eligible for re-appointment thereafter.Notwithstanding the provisions of the section 3 (7) of this Act, the Chairman or any member of the Commission may at any time be removed from the office of 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 the office (whether arising from the infirmity of mind or body or any other cause) or for misconduct.The Chairman or any member of the Commission may resign his appointment by notice in writing under his hand addressed to the President and Chairman or that notice of resignation by the president cease to be a member of the Commission.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 except as provided by the Act.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.The Commission shall have power to appoint, dismiss and exercise disciplinary control over its staff and for this purpose shall prescribe its own rules.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.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. | 2. Amendment of section 3 of the Principal Act a. Section 3(5) of the Principal Act is amended by substituting the word ‘members’ for the word ‘commissioners. b. Section 3(6) of the Principal Act is amended by substituting the word ‘members’ for the word ‘commissioners. c. Section 3(7) of the Principal Act is amended by substituting the word ‘members’ with the word ‘commissioners. d. Section 3(8) of the Principal Act is amended by substituting the word ‘member’ for the word ‘commissioner’. e. Section 3(9) of the Principal Act is amended by substituting the word ‘member’ for the word ‘commissioner’. f. Section 3(10) of the Principal Act is amended by substituting the word ‘members’ for the word ‘commissioners. | g. Section 3 of the Principal Act amended by inserting a new sub-section 3 (11) as follows “The Commissioners of the Commission shall have the following offices: i. Commissioner (Investigative Matters) ii. Commissioner (Legal Matters) iii Commissioner (Prevention, Systems Review and Financial Intelligence) iv Commissioner (Asset Recovery and Management) v Commissioner (Anti-Corruption Education and Mobilization) vi Commissioner, (Forensics and Emerging Technologies) vii. Zonal Commissioner, North Eastviii. Zonal Commissioner, North Centralix. Zonal Commissioner, North Westx. Zonal Commissioner, South Eastxi.Zonal Commissioner, South Southxii. Zonal Commissioner, South West Provided always that in assigning responsibilities to the Commissioners the President shall have regard to their geo-political zones and respective disciplines.” | Passed Passed Passed Passed Passed PASSED |
| 4. Appointment of Officers of the Commission, Oath of office etc., Quorum for Meetings, production of identification card. 1. An officer pursuant to this Act shall have such power 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 discharged 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 this office, subscribe to oath prescribed in the Constitution of the Federal Republic of Nigeria for the public officers. 4. Service in the Commission shall be approved service for the purpose 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 investigators 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 sub-section (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. | 3. Amendment of section 4 of the Principal Act a. Section 4.-(2) of the Principal Act is amended by substituting the word ‘members’ for the word ‘commissioners’. b. Section 4.-(2) of the Principal Act is amended by substituting the existing subsection (2) for a new subsection (2)- ‘‘4.-(2A) The proceedings of the meeting of the Commission shall be as provided in the schedule to this Act.’’ c. Section 4(3) of the Principal Act is amended by substituting the word ‘member’ for the word ‘commissioner’. d. Section 4 (7) of the Principal Act is substituted by deleting the words ‘Commissioners’, ‘Deputy Commissioners’ and ‘Assistant Commissioners’ and respectively substituting them with the words ‘Director’, ‘Deputy Director’ and ‘Assistant Director’. e. Section 4.-(8) of the Principal Act is amended by substituting the words ‘‘subsection (6)’’ in subsection 4 (8) for the word ‘‘subsection (7)’’ and by deleting the words “or orally”. f. Section 4. (7) should be redrafted to read “There shall be appointed such number of Commissioners, Deputy Commissioners, Assistant Commissioners, Superintendents, Assistant Superintendent, senior investigators, investigators and such other ranks the commission may deem fit to create for the Commission as may be necessary for the purpose of carrying into effect the provisions of this Act” | Retained. Retained | PASSED Passed PASSED PASSED |
| 5. Powers and Immunities of officers of the Commission Cap. 359 LFN. 5 1. Subject to the provision of this Act, an officer of the Commission when investigating or prosecuting a case of corruption shall have all the powers and immunities of the 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. | 4. Amendment of section 5 of the Principal Act Section 5 (1) of the Act to be amended to insert after “conferring power on the police““including the power to bear arms” Section 5 (2) of the Principal Act is repealed. | Proposed amendment to be retained | REJECTED PASSED |
| 7. Standing orders. i. The Chairman may issue administrative orders to be called “standing Orders”, which shall conform with the provisions of 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. ii. 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 Acts. iii. There may be in each state of the federation and the federal capital territory, Abuja a Resident Anti- corruption Commissioner appointed by the OFFENCES AND PENALTIES Offences of accepting gratification Offence of giving or accepting gratification through agent.Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal’s affairs or businessCounseling offences relating to corruptionFraudulent acquisition of propertyFraudulent receipt of propertyPenalty for offences committed through postal systemDeliberate frustration of investigation by the commissionMaking false statements or returnsGratification by and through agents and definition of agent (19) Bribery of public officerUsing office or position for gratificationForfeiture of gratification and other penalties (22) Bribery in relation to auctionsBribery for giving assistance, etc. in regard to contractsDuty to report bribery transactionsDealing with property acquire through gratificationMaking false or misleading statements to the commission (27) Attempt, conspiracy punishable as offencesGratification by an official. | 5. Amendment of section 7 of the Principal Act a. Section 7 (1) of the Principal Act is amended by substituting the word ‘Chairman’ for the word ‘Commission’ b. Section 7(2) of the Principal Act is amended by substituting the word ‘Commissioner’ for the words ‘Director.’ c. Section 7(3) of the Principal Act is amended by substituting the word ‘Commissioner’ for the word ‘Officer’. | Retained. | PASSED PASSED PASSED PASSED |
| 8. (1) Any person who corruptly – ask for, receives or obtains any property or benefit of any kind for himself or for any other person; or agree or attempts to receive or obtain any property or benefit of any kind for himself or for any other person, on account of- anything already done or omitted to be done, or for any favour or disfavor 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 organization or institution in which he is serving as an official; or anything to be afterwards done or omitted to be done or favor or disfavor 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. 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- 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; 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 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). In any proceedings for an offence to which subsection (1)(b) is relevant, it shall not be a defence to show that the accused- did not subsequently do, make or show the act, omission, favour or disfavour in question; or never intend to do, make or show the act, omission, favour or disfavour. 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- the arrest, detention or prosecution of any person for an alleged offence; or an omission to arrest, detain or prosecute any person for an alleged offence; or 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. | 6. Section 8 should be amended to include a new section 8 (1) (c) which shall read thus “Any person who commits an offence under section 8 (1) (a) or (b) is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years”. Thereafter the words “is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years” should be expunged from section 8 (1) (b) (ii) | Proposed amendment to be retained | Passed but had no idea what they passed. Attempted to reduce punishment, but relied on the part we said should be expunged to mean the whole section was expunged. |
| 9 (1) Any person who (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 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 disfavor out 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. 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- 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 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 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). | 7. Section 9 should be amended to include a new section 9 (1) (c) which shall read thus “Any person who commits an offence under section 9 (1) (a) or (b) is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years”. Thereafter the words “is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years” should be expunged from section 9(1) (b) | Proposed amendment to be retained | Same as Section 8 |
| 10 Any person who – 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- 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 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. | 8. Section 10 should be amended to include a new section 10 (a) (iii) which shall read thus “Any person who commits an offence under section 10 (a) (i) or (ii) is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years”. Thereafter the words “is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years” should be expunged from section 10 (a) (ii) | Proposed amendment to be retained | Passed. Same as Section 8. |
| 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. | 9. Expanding the persons who can be caught by Section 12 to now read ‘any public officer who 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’ | Proposed amendment to be retained | Passed |
| 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: 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 makes, or is privy to making any false entry in any such book, document, account or electronic record; or 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. | 10. Section 15 should be amended to include a new section 15 (d) which shall read thus “Any person who commits an offence under section 15 (a), (b) or (c) is guilty of a felony and shall on conviction be liable to imprisonment for seven (7) years”. Thereafter the words “is guilty of a felony and shall on conviction be liable to imprisonment for seven (7) years” should be expunged from section 15 (c) | Proposed amendment to be retained | Passed |
| 17 (1) Any person who corruptly – 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; 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; 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. | 11. Section 17 should be amended to include a new section 17 (1) (d) which shall read thus “Any person who commits an offence under sub-section 1 (a), (b) or (c) is guilty of an offence and shall on conviction be liable to imprisonment for five (5) years”. Thereafter the words “is guilty of an offence and shall on conviction be liable to imprisonment for five (5) years” should be expunged from section 17 (1) (c) | Proposed amendment to be retained | Passed |
| 20. Penalty for Offences under sections 8-19. 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 times the sum of the 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 higher | 12. Amendment of section 20 of the Principal Act Section 20 of the Principal Act is amended by substituting the words ‘ten thousand’ for the words ‘one million’ | Proposed amendment to be retained | Passed |
| 22. Bribery for giving assistance, etc., in regard to contracts. (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 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, having 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 sib-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 22 (1) and (2) shall be liable on conviction to a term of imprisonment for seven (7) years or one million naira fine. | 13. Amendment of section 22 of the Principal Act a. Section 22 (3) of the Principal Act is amended by substituting the words ‘one million’ for the words ‘five hundred thousand’ b. Section 22 (4) of the Principal Act is amended by a redraft and inserting “or” after budget provision, approval and cash backing to separate the elements. To now read “Any Public Officer who, in discharge of his official duties, awards or signs any contract without budget provision or approval or cash backing…….” substituting the words ‘one hundred thousand’ for the words ‘five hundred thousand’ c. Section 22 (5) of the Principal Act is amended by substituting the words ‘ fifty thousand’ for the words ‘five hundred thousand’ d. Section 22 (6) of the Principal Act is amended by substituting the words ‘one million’ for the words ‘five million’ | Proposed amendment to be retained | Passed Rejected on the ground that it is provided for in the Public Procurement Act 2007. Passed Passed |
| 25. Making of statement which is false or intended to mislead, etc. (25)-(1)Any person who makes or cause 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 in true 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 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 sub-sections (1) 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. | 14. Amendment of section 25 of the Principal Act a. Section 25 (1) (b) of the Principal Act is amended by substituting the words ‘one hundred thousand’ for the words ‘five hundred thousand’ b. Section 25 (2) of the Principal Act is amended by substituting the words ‘ten thousand’ for the words ‘five hundred thousand’ | Proposed amendment to be retained | Passed and punishment increased to 2 years imprisonment. This was passed without recourse to section 64 (3) Passed |
| 26. Attempts, preparations, abetments and criminal conspiracies punishable as offence, delegation of Attorney- General’s power to prosecute. (26)- (1) any person who- a. Attempt 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 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 pr authority to whom he shall delegate his authority, in any superior court of record sp delegated by the Chief judge of a state or the chief judge of the Federal Capital Territory, Abuja under section 61 (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 judgment 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 exists for a delay. | 15. Amendment of section 26 (2) of the Principal Act Section 26.-(2) is amended by inserting after the words ‘of the Federal Capital Territory, Abuja’ the words ‘or the Federal High Court’. 10. Repeal of section 26(3) of the Principal Act Section 26.-(3) of the Principal Act is repealed. | Proposed amendment to be retained | Passed Rejected. Chairman of the Committee could not explain reason for amendment that the Supreme Court had struck down the case in AG Ondo Vs AG Federation |
| 34. Detention of person refusing to acknowledge service. 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. | 16. Amendment of section 34 of the Principal Act Section 34 of the Principal Act is amended by substituting the words ‘five thousand’ for the words ‘fifty thousand’ | Proposed amendment to be retained | Passed |
| 35. Failure to appear after receipt of summons. 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. | 17. Repeal of section 35 of the Principal Act Section 35 of the Principal Act is repealed. | Proposed amendment to be retained | Rejected. Same as Section 26(3) |
| 40. Legal obligation to give information. 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; falling which he shall be guilty of an offence and shall on conviction, liable to imprisonment for six (6) month or fine of ten thousand naira. | 18. Amendment of section 40 of the Principal Act Section 40 of the Principal Act is amended by substituting the words ‘ten thousand’ for the words ‘one hundred thousand’ | Proposed amendment to be retained | Passed |
| 43. Investigation of share Accounts, 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 authorize any officer of the Commission to exercise, in relation to any bank or financial institution specified in the authorization, all the powers of investigation set out in sub-section (2) (2) An officer of the Commission authorized under sub-section (1) may, in relation to the bank or financial institution in respect of which he is so authorized- 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 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 sub-section (2), an officer of the commission authorized under sub-section (1) may take possession of any books, documents, accounts, titles, securities or cash to which he has access under that sub-section 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 sub-section (2) to any officer of the Commission authorized under sub-section (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 authorized 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, otherwise. | 19. Amendment of section 43 (4) of the Principal Act Section 43 (4) of the Principal Act is amended by substituting the words ‘ten thousand’ for the words ‘five hundred thousand’ | Proposed amendment to be retained | Passed |
| 45. Seizure of Movable property in bank. 45.-(1) where the chairman of the commission is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto which is the subject- matter of any investigation under this subject- matter of any investigation under this Act or evidence in relation to the Commission of such offence is in the possession, custody or control of a bank or financial institution, he may, notwithstanding any other written law or rule of law to the contrary by order direct the bank or financial institution not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied. (2) No bank, agent or employee of a bank shall on account of such compliance, be liable to any prosecution or to any civil proceedings or claim by any person under or by virtue of any law, contract, agreement, or arrangement, or otherwise. (3) Any person who fails to comply with an order of the Chairman of the Commission under sub-section (1) shall be guilty of an offence and shall on conviction be liable to a 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) years. (4) The subject-matter of an offence under this Act or evidence of the commission of such offence shall be liable to seizure and the seizure shall be affected- a. by the issuance of a notice of seizure signed by the chairman of the Commission or any other person authorized by him setting out there in the particulars of the immovable property which is to be seized in so far as such particulars 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 in Nigeria which shall be in the English Language; and c. By serving a copy of such Notice on the officer of the Ministry of Lands of the Area in which the immovable property is situate. (5) The officer responsible for land matter referred to sub-section (4)(c) shall immediately upon being served with a Notice of Seizure under sub-section (1) endorse the terms of the notice of seizure on the document of title in respect of the immovable property in the Register at his office. | 20. Amendment of section 45 (3) of the Principal Act Section 45(3) of the Principal Act is amended by substituting the words ‘fifty thousand’ for the words ‘one million’ | Proposed amendment to be retained | Passed |
| 61. Prosecution of offences. 61.- (1) Every prosecution for an offence under this Act or any other law prohibiting bribery, corruption and other related offence 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 Acts 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 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. | 21. Amendment of section 61 (3) of the Principal Act Section 61.-(3) of the Principal Act is amended by inserting after the words ‘the Chief Judge of the Federal Capital Territory, Abuja’ the words ‘or the Chief Judge of the Federal High Court’ | Proposed amendment to be retained | Passed |
| 64. Protection of informers and information. 64.-(1)Subject to sub-section (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 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 sub-section (1) contains any entry or 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. (3) Any person who gives the information referred to in sub-section (1) 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-section (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. | 22. Amendment of section 64 (3) of the Principal Act Section 64 (3) of the Principal Act is amended by substituting the words ‘one hundred thousand’ for the words ‘five million’ | Proposed amendment to be retained | Passed |
| 68. General penalty for other offences. 68. Any person convicted for an offence under this Act for which no penalty is specifically provided shall be liable to a fine not exceeding ten thousand naira or to imprisonment for a term not exceeding two years or both. | 23. Amendment of section 68 of the Principal Act Section 68 of the Principal Act is amended by substituting the words ‘ten thousand’ for the words ‘two hundred and fifty thousand’ | Proposed amendment to be retained | Passed |
| 70. Commission’s Powers to make rules. 70. The chairman of the Commission may make rules for giving effect to the provisions of this Act and without prejudice to the generality of this provisions may make rules- (a) providing for the form of nay 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 things to be done under this Act. | 24. Amendment of section 70 of the Principal Act Section 70 of the Principal Act is amended by substituting the word ‘Chairman’ for the word ‘Commission’ | Retained. | Passed |
| 1. Short Title This Act may be cited as Corrupt practices and other Related offences Act 2000 and shall come into force on the ………………… day of 2000. | 25. Citation This Bill is cited as Corrupt Practices and Other Related Offences (Amendment) Bill, 2023. | Passed | |
| Schedule (Section 4(2) Supplementary provision relating to the Proceedings of the Commission i. The Commission shall meet for the conduct of its business at such times, places and on such days as the Chairman may appoint. ii. The Commission shall meet for the conduct of its business in line with the meeting procedure made by it. iii. The Chairman shall preside at all meetings of the Commission, but if he is absent, the Commissioners present shall elect one of their member to preside at the meeting. iv. The quorum at any meeting of the Commission shall be five. v. The Commission shall appoint one or more committees to carry out any of its functions under this Act. vi. The committee so appointed shall consist of such number of Commissioners as may be determined by the Commission. vii. The Commission shall have power to function notwithstanding any vacancy in its membership or the absence of any Commissioner, or that a person not entitled to do so took part in its proceedings. viii. Resolution shall be arrived at by consensus and, where this is not possible, by a majority of the votes of the Commissioners present and voting. ix. The Chairman, shall, in the case of an equality of votes, have a casting vote in addition to his deliberative vote. x. Where the Commission desires to obtain the advice or service of any person on a particular matter, the Commission may co-opt him at the meeting for such period as it thinks fit; but a person who is in attendance shall not be entitled to vote at any meeting of the Commission’s and shall not count towards a quorum | Retained | Passed | |
| EXPLANATORY MEMORANDUM This Bill seeks to amend the Corrupt Practices and Other Related Offences Act, 2000 to strengthen the role of the Independent Corrupt Practices and Other Related Offences Commission, and allow it prosecute cases before the Federal High Court, align its provisions with the Constitution of the Federal Republic of Nigeria, clear ambiguities and enhance its preventive role by providing for shared responsibility to quicken and deepen execution of the Commission’s mandate. |
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