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General Information
GDP USD521.80bn (World ranking 25, World Bank 2013)
Population 173.8362 million (World ranking 7, World Bank 2013)
Form of state Federal Republic
Head of government Muhammadu Buhari
Next elections 2019, presidential and legislative

 

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Corrupt Practices and Other Related Offences Act

(Adopted on:1 June 2000)

1. Short Title and Commencement

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.

In this Act, unless the context otherwise requires-

2. “Agent” – means any person employed by or acting for another and includes an officer of a public body or an officer serving in or under any public body, or a corporate body or any political party or institution, a trustee, an administrator or executor of the estate of a deceased person, a sub-contractor, any person employed by or acting for such trustee, administrator, executor, or sub-contractor;

“Associate”, in relation to a person includes any person who is an employee, agent, nominee or representative, trustee, firm or incorporated company known to act subject to the 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 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 Independent Corrupt Practices and Other 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;
“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 financial transactions whether lawfully or unlawfully as defined in the Banks and other Financial Institutions Decree;

“Gratification” means
a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, or any other similar advantage, given or promised to any person with intent to influence such a person in the performance or non performance of his duties;
b) any office, dignity, employment, contract of empowerment or services and any agreement to give 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 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; and
g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the proceeding paragraphs (a) to (f);

“Judge of Superior Court of Record” means a Judge holding any of the offices defined by section 6(5) of the Constitution;

“Local Government” has the meaning assigned to it in the Constitution of the Federal Republic of Nigeria;

“Member” means any member of the Commission appointed in accordance with section 3 of this Act;

“Money Instrument” includes coin or currency of Nigeria or of any other country, travelers’ Cheque, personal cheque, bank cheque, money order, investment security or negotiable instrument in bearer form or otherwise in such form that title hereto passes upon delivery or upon delivery and endorsement;

“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 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, 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 on jointly floated by any government or its agency including the subsidiary of any such company whether located within or outside Nigeria and includes Judicial officers serving in Magistrate, Area or Customary courts or Tribunals;

“Purchaser in good faith for valuable consideration” means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, 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.

ESTABLISHMENT 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.

(1) There is hereby established a Commission to be known as the Independent Corrupt Practices and Other Related Offences Commission (hereinafter in this Act referred to as “the Commission”)

(2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The Commission shall consist of a chairman and twelve (12) other members, two of whom shall come from each of the six geo-political zones-

(a) a retired Police Officer not below the rank of Commissioner of Police;
(b) a legal practitioner with at least 10 years post-call experience;
(c) a retired Judge of a superior court of record;

(d) a retired Public Servant not below the rank of a Director;

(e) a woman;
(f) a youth not being less than 21 or more than 30 years of age at the time of his or her appointment; and
(g) a chartered accountant.

(4). The Chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria.

(5). Remuneration for members of the Commission shall be determined by the National Revenue Mobilisation, Allocation and Fiscal Commission.

(6) The Chairman and members of the Commission who shall be persons of proven integrity shall be appointed by the President, upon confirmation by the Senate and shall not Begin to discharge the duties of their offices untill they have Declared their assets and liabilities as prescribed in the Constitution of the Federal Republic of Nigeria.

(7)The Chairman shall hold office for a period of five (5) years and may be reappointed for another five(5) years but shall not be eligible for reappointment thereafter; and the other members of the Commission shall hold office for a period of four (4) years and may be reappointed for another term of four (4) years but shall not be eligible for reappointment thereafter.

(8) Notwithstanding the provisions of section 3(7) of this Act, the Chairman or any member of the Commission may at any time be removed from the office by the President acting on an address supported by two-thirds (2/3) majority of the Senate praying that he be removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(9) The Chairman or any member of the Commission may resign his appointment by notice in writing under his hand addressed to the President and the Chairman or that member shall on the date of the receipt of the notice of resignation by the President cease to be a member of the Commission.

(10) The Chairman and members of the Commission shall hold office on such terms and conditions as may be specified in their instruments of appointment, and in the exercise of their functions, they shall not be subject to any other authority excepts as provided by the Act,

(11) The tenure of office and conditions of service of the staff of the Commission shall, subject to the provisions of this Act, be determined by the Commission.

(12) The Commission shall have power to appoint, dismiss and exercise; disciplinary control over its staff and for this purpose shall prescribe its own rules.

(13) The Commission shall have power to appoint, designate and deploy such number and category of staff and officers which, in the opinion of the Commission, shall be required to assist it in the discharge of all or any of its functions and shall have powers to pay persons so employed such remuneration (including allowances) as is in accordance with section 3 (12) of this Act.

(14) The Commission shall in the discharge of its functions under this Act, not be subject to the direction or control of any other person or authority.

4. Appointment of other Officers of the Commission.

(1) An officer pursuant to this Act shall have such powers as may be conferred upon him under this Act and shall be subject to the direction, control and supervision of the Chairman or any other officer of the Commission superior to him in rank, and shall exercise his powers and discharge his duties in compliance with such directives or instructions as may be given by the Chairman or such other officer as aforesaid.
(2) The Chairman and any four (4) members of the Commission shall constitute a quorum.

(3) Every member of the Commission shall, before assuming the duties of his office, subscribe to the oath prescribed in the Constitution of the Federal Republic of Nigeria for public officers.

(4) Service in the Commission shall be approved service for the purposes of the Pensions Act.

(5) Every Officer of the Commission, when discharging the duties of his office, shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information, evidence of his identity issued by the Commission.

(6) There shall be a Secretary to the Commission appointed by the President who, under the general direction of the Chairman, shall be responsible for keeping the records of the Commission and the general administration and control of the staff of the Commission.

(7) There shall be appointed such number of Commissioners, Deputy Commissioners, Assistant commissioners, Superintendents, Assistant Superintendent, Senior Investigator and Investigators of the Commission as may be necessary for the purpose of carrying into effect the provisions of this Act.

(8) An officer appointed under subsection (6) shall have such powers as may be vested in him under this Act and shall be subject to the direction, control and supervision of the Chairman or any other superior officer of the Commission and shall exercise his powers, and discharge his duties in compliance with such directives as may be given orally or in writing by the Chairman or any other superior officer of the Commission.

5. Powers and immunities of Officers of the Commission.

(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 direction as shall meet the justice of the case.

6. Duties of Officers of the Commission.

It shall be the duty of the Commission –
(a) where reasonable grounds exist for suspecting that any person has conspired to commit or has attempted to commit or has committed an offence under this Act or any other law prohibiting corruption, to receive and investigate any report of the conspiracy to commit, attempt to commit or the commission of such offence and, in appropriate cases, to prosecute the offenders;

(b) to examine the practices, systems and procedures of public bodies and where, in the opinion of the Commission, such practices, systems or procedures aid or facilitate fraud or corruption, to direct and supervise a review of them;

(c) to instruct, advise and assist any officer, agency or parastatals on ways by which fraud or corruption may be eliminated or minimised by such officer, agency or parastatal;

(d) to advise heads of public bodies of any changes in practices, systems or procedures compatible with the effective discharge of the duties of the public bodies as the Commission thinks fit to reduce the likelihood or incidence of bribery, corruption, and related offences;

(e) to educate the public on and against bribery, corruption and related offences; and

(t) to enlist and foster public support in combating corruption.

7. Standing Orders.

(1) The Chairman may issue administrative orders to be called “Standing Orders”, which shall conform with the provisions of on the general control, training, duties and responsibilities of officers of the Commission, and for such other matters as may be necessary or expedient for the good administration of the Commission and to ensure the efficient and effective functioning of the Commission.

(2) The Commission may establish one or more branch offices in each State of the Federation and the Federal Capital Territory, Abuja to carry out its functions under this Act.

(3) There may be in each State of the Federation and the Federal Capital Territory, Abuja, a Resident Anti-Corruption Commissioner appointed by the Commission.

OFFENCES AND PENALTIES

8. Offence of accepting gratification

(1) Any person who corruptly –

(a) ask for, receives or obtains any property or benefit of any kind for himself or for any other person; or
(b) agree or attempts to receive or obtain any property or benefit of any kind for himself or for any other person, on account of-
(i) anything already done or omitted to be done, or for any favour or disfavour already shown to any person by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government

department, or corporate body or other organisation or institution in which he is serving as an official; or

(ii) anything to be afterwards done or omitted to be done or favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of an offence of Official corruption and is liable to imprisonment for seven (7) years.

(2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public officer, or by some other person at the instance of a public officer from a person-

(a) holding or seeking to obtain a contract, license, permit, employment or anything whatsoever from a Government department, public body or other organisation or institution in which that public officer is serving as such;

(b) concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public officer or a government department, public body or other organisation or institution in which that public officer is serving as such; and

(c) acting on behalf of or related to such a person; the property, benefit or promise shall, unless the contrary is proved, be presumed to have been received corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1)(a) or(b).

(3) In any proceedings for an offence to which subsection (1)(b) is relevant, it shall not be a defence to show that the accused-

(a) did not subsequently do, make or show the act, omission, favour or disfavour in question; or
(b) never intend to do, make or show the act, omission, favour or disfavour.

(4) Without prejudice to subsection (3), where a Police Officer or other public officer whose duties include the prosecution, detection or punishment of offenders is charged with an offence under this section arising from-

(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged offence; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a) (b) or (c), or any other offence had been committed.

9. Offence of giving or accepting gratification through agent

(1) Any person who corruptly-

(a) gives, confers or procures any property or benefit of any kind to, on or for a public officer or to, on or for any other person; or

(b) promises or offers to give, confers, procure or attempt to procure any property or benefit of any kind to, on or for a public officer or any other person, on account of any such act, omission, favour or disfavour our to be done or shown by the public officer is guilty of an offence of official corruption and shall on conviction be liable to imprisonment for seven (7) years.

(2) If in any proceedings for an offence under this section it is proved that any Property or benefit of any kind, or any promise thereof, was given to a public officer or some other person at the instance of a public officer, by a person-

(a) holding or seeking to obtain a contract, licence, permit, employment or anything whatsoever from a Government department, public body or other organisation or institution in which that public officer is serving as such,or

(b) concerned or likely to be concerned in any proceeding or business transacted, pending or likely to be transacted before or by that public officer or a government department, public body or other organisation or institution in which that public officer is serving as such, or

(c) acting on behalf of or relative to such a person, the property, benefit or promise shall, unless the contrary is proved, be deemed to have been given corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in section 9(1) and (2).

10. 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 business.

Any person who –
(a) ask for, receives or obtains property or benefits of any kind for himself or any other person; or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person;

on account of-

(i) anything already done or omitted to be done, or any favour or disfavour already shown to any person, by a public officer in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which the public officer is serving as such; or

(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public officer in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of an offence of official corruption and shall on conviction be liable to imprisonment for seven (7) years.

11. Counselling offences relating to corruption.

In any proceedings for an offence under this Act it shall not be necessary to prove that;

(a) any public officer counselled the commission of the offence; or

(b) in the course of committing the offence the accused mentioned any particular public officer; or

(c) (in a case to which sections 8,9, & 10 are relevant) the accused believed that any public officer would do, make or show the act, omission, favour or disfavour in question; or

(d) the accused intended to give the property or benefit in question, or any part thereof, to a public officer

12. Fraudulent acquisition of property.

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.

13. Fraudulent receipt of property.

Any person who receives anything which has been obtained by means of act constituting a felony or misdemeanour, or by means of any act done at a place outside Nigeria, which if it had been done in Nigeria would have constituted a felony or misdemeanour and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a felony.

14. Penalty for offences committed through postal system.

If the offence by means of which the thing was obtained is a felony, the offender shall on conviction be liable to imprisonment for three (3) years, except the things so obtained was postal matter, or any chattel, money or valuable security contained therein, in which case the offender shall on conviction be liable to imprisonment for seven (7) years.

15. Deliberate frustration of investigation by the Commission.

Any person who, with intent to defraud or conceal a crime or frustrate the Commission in its investigation of any suspected crime of corruption under this Act or under any other law:
(a) destroys, alters, mutilates, or falsifies, any book, documents, valuable security, account, computer system, diskette, computer printout or other electronic device which belongs to or is in the possession of his employer, or has been received by him on account of his employment, or any entry in any such book, document, accounts or electronic device, or is privy to any such act; or
(b) makes, or is privy to making any false entry in any such book, document, account or electronic record; or
(c) omits, or is privy to omitting, any materials particular from any such book, document, account or electronic record; is guilty of a felony, and shall on conviction be liable to seven (7) years imprisonment.

16. Making false statements or return.

Any person who, being an officer charged with the receipt, custody, use or management of any part of the public revenue or property, knowingly furnishes any false statement or return in respect of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of an offence, and shall on conviction be liable to seven (7) years imprisonment.

17. Gratification by and through Agents and Definition of Agent.

Any person who corruptly –

(a) accepts, obtains or agrees to accept or obtain or attempts to obtain from any person for himself or for any other person, any gift or consideration as an inducement or reward for doing, forbearing to do, or for having done, or forborne to do, any act or thing;
(b) gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done, or forborne to do, any act or thing in relation to his principal’s affairs or business;
(c) knowingly gives to any agent, or being an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested and which contains any statement which is false or erroneous or defective in any material particular, and which, to his knowledge, is intended to mislead his principal or any other person, is guilty of an offence and shall on conviction be liable to five (5) years imprisonment.

(2) For the purposes of this section, the expression “consideration” includes valuable consideration of any kind; the expression “agent” includes any person employed by or acting for another; and the expression “principal” includes an employer.

18. Bribery of Public Officer.

Any person who offers to any public officer, or being a public officer solicits, counsels or accepts any gratification as an inducement or a reward for-
(a) voting or abstaining from voting at any meeting of the public body in favour or against any measure, resolution or question submitted to the public body;
(b) performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of any official act;
(c) aiding in procuring or preventing the passing of any vote or the granting of any contract, award, recognition or advantage in favour of any person; or
(d) showing or forbearing to show any favour or disfavour in his capacity as such officer, shall, notwithstanding that the officer did not have the power, right or opportunity so to do, or that the inducement or reward was not in relation to the affairs of the public body, be guilty of an offence and shall on conviction be liable to five (5) years imprisonment with hard labour.

19. Using office or position for gratification.

Any public officer who uses his office or position to gratify or confer any corrupt or unfair advantage upon himself or any relation or associate of the public officer or any other public officer shall be guilty of an offence and shall on conviction be liable to imprisonment for five (5) years without option of fine.

20. Forfeiture of gratification and other penalties.

Without prejudice to any sentence of imprisonment imposed under this Act, a Public Officer or other person found guilty of soliciting, offering or receiving gratification shall forfeit the gratification and pay a fine of not less than five time the sum or value of the gratification which is the subject -matter of the offence where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand Naira, whichever is the higher.

21. Bribery in relation to auctions.

(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or reward for or otherwise on account of that other person’s refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.

(2) Any person, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.

(3) Any person guilty of an offence under this section shall on conviction on indictment to a fine of the current price of the property and imprisonment for three (3) years.

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 influence in –

(a) the promotion, execution, or procuring of-

(i) any contract with a public body for the performance of any work, the providing of any service, the doing of anything or the supplying of any article, material or substance; or

(ii) any sub-contract to perform any work, provide any article, materials or substance required to be performed, provided, done or supplied under any contract with a public body; or

(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract or sub-contract as aforesaid, shall be guilty of an offence.

(2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in-
(a) the promotion, execution or procuring, or
(b) the payment of the price, consideration, or
(c) other moneys stipulated or otherwise provided for in,

any contract, or sub-contract as is referred to in sub-section (1) shall be guilty of an offence.

(3) Any public officer who in the course of his official duties, inflates the price of any goods or service above the prevailing market price or professional standards shall be guilty of an offence under this Act and liable on conviction to imprisonment for a term of seven (7) years and a fine of one million naira.

(4) Any public officer who, in the discharge of his official duties awards or signs any contract without budget provision, approval and cash backing, shall be guilty of an offence under this Act and on conviction be liable to three (3) years imprisonment and a fine of one hundred thousand naira.

(5) Any public officer who transfers or spends any sum allocated for a particular project, or service, on another project or service, shall be guilty of an o

ARRANGEMENT OF SECTIONS

1. Establishment of the Economic and Financial Crimes Commission.

2. Composition of the Commission.

3. Tenure of office.

4. Vacancy in Membership

5. Standing Orders

6. Functions of the Commission.

7. Special powers of the Commission.

8. Appointment of the Secretary and other staff of the Commission.

9. Staff Regulations.

10. Pensions Act Cap 346 Laws of the Federation.

11. Training Programme.

12. Establishment of special units, etc.

13. Special duties of the Units.

14. Offences relating to financial malpractices.

15. Offences in relation to terrorism.

16. Offences relating to false information

17. Retention of proceeds of a criminal conduct.

18. Offences in relation to economic and financial crimes and penalties.

19. Jurisdiction and Special Powers of the Court.

20. Forfeiture after conviction in certain cases.

21. Forfeited property.

22. Foreign Assets.

23. Forfeiture of Passport.

24. Property subject to forfeiture.

25. Further provisions as to forfeiture of property.

26. Seizure of property.

27. Disclosure of assets and properties by an arrested person, etc.

28. Investigation of Assets and Property Of A Person Arrested of an offence under this act

29. Interim forfeiture order.

30. Final order.

31. Final disposal of forfeited property.

32. Offences in relation to forfeiture orders.

33. Consequences of an acquittal in respect of assets and properties.

34. Freezing order on bank or other financial institutions

35. Funds of the Commission.

36. Accounts and Audits.

37. Annual Report.

38. Power to receive information without hindrance etc

39. Protecting informants and information, etc and penalty for false information

40. Appeals against interlocutory rulings

41. Immunities

42. General Savings

43. Regulations

44. Repeal of Act No. 5 2002

45. Savings

46. Interpretation

47. Short Title.

PART I – ESTABLISHMENT OF THE ECONOMIC AND FINANCIAL CRIMES COMMISSION, ETC

1: (1) There is established a body to be known as the Economic and Financial Crimes Commission (in this Act referred to as “the Commission”) which shall be constituted in accordance with and shall have such functions as are conferred on it by this Act.

(2) The Commission –

a. shall be a body with perpetual succession and a common seal

b. may sue or be sued in its corporate name and may, for the purpose of its function

Commission acquire, hold or dispose of property (whether movable or immovable);

c. is the designated Financial Intelligence Unit (FIU) in Nigeria, which is charged with the responsibility of co-ordinating the various institutions involved in the fight against money laundering and enforcement of all laws dealing with economic and financial crimes in Nigeria.

2: (1) The Commission shall consist of the following members –

(a) a chairman, who shall –

(i) be the Chief Executive and Accounting Officer of the Commission.

(ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; and

(iii) Possess not less than 15 years cognate experience

(b) the Governor of the Central Bank or his representative; and

(c) a representative each of the following Federal Ministries

(i) foreign Affairs,

(ii) Finance,

(iii) Justice,

(d) the Chairman National Drug Law Enforcement Agency or his representative;

(e)the Director General of –

(i) the National Intelligence Agency,

(ii)the Department of State Security Services or his representative;

(f) the Registrar-General of the Corporate Affairs Commission or his Representative;

(g) the Director-General, Securities and Exchange Commission or his representative;

(h) the Managing- Director, Nigeria- Deposit Insurance Corporation or his representative

(i) the Commissioner for Insurance or his representative;

(j) the Postmaster-General of the Nigerian Postal Services or his representative;

(k) the Chairman, Nigerian Communications Commission or his representative;

(l) the Comptroller-General, Nigeria Customs Services or his representative;

(m) the Comptroller-General Nigeria Immigration Services or his representative;

(n) a Inspector General of Police or his representative

(o) four eminent Nigerians with cognate experience in any of the following, that is finance, banking or accounting; and

(p) the Secretary to the commission who shall be the head of administration

(2) The members of the Commission, other than the Chairman and the Secretary shall be part time members.

(3) The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and appointment shall be subject to the confirmation of the Senate.

3: (1) The Chairman and members of the Commission other than ex-officio members shall hold office for a period of four years and may be re-appointed for a further term of four years and no more.

(2) A member of the Commission may at any time be removed by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the President is satisfied that it is not in the interest of the Commission or the interest of the public that the member should continue in office.

(3) A member of the Commission may resign his membership by notice in writing addressed to the President and that member shall, on the date of the receipt of the notice by the President, cease to be member.

4: Where a vacancy occurs in the membership of the Commission, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest as his predecessor.

5: The Commission may take standing orders from regulating its proceedings or those of any

of its committees.

PART II – FUNCTIONS OF THE COMMISSION

6:The Commission shall be responsible for –

(a) the enforcement and the due administration of the provisions of this Act;

(b) the investigation of all financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud, contract scam, etc.;

(c) the co-ordination and enforcement of all economic and financial crimes laws and enforcement functions conferred on any other person or authority;

(d) the adoption of measures to identify, trace, freeze, confiscate or seize proceeds derived from terrorist activities, economic and financial crimes related offences or the properties the value of which corresponds to such proceeds;

(e) the adoption of measures to eradicate the commission of economic and financial crimes;

(f) the adoption of measures which includes coordinated preventive and regulatory actions, introduction and maintenance of investigative and control techniques on the prevention of economic and financial related crimes;

(g) the facilitation of rapid exchange of scientific and technical information and the conduct of joint operations geared towards the eradication of economic and financial crimes;

(h) the examination and investigation of all reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved;

(i) the determination of the extent of financial loss and such other losses by government, private individuals or organizations;

(j) collaborating with government bodies both within and outside Nigeria carrying on functions wholly or in part analogous with those of the Commission concerning –

(i) the identification, determination, of the whereabouts and activities of persons suspected of being involved in economic and financial crimes,

(ii) the movement of proceeds or properties derived from the commission of economic and financial and other related crimes;

(iii) the exchange of personnel or other experts,

(iv) the establishment and maintenance of a system for monitoring international economic and financial crimes in order to identify suspicious transactions and persons involved,

(v) maintaining data, statistics, records and reports on person, organizations, proceeds, properties, documents or other items or assets involved in economic and financial crimes;

(vi) undertaking research and similar works with a view to determining the manifestation, extent, magnitude, and effects of economic and financial crimes and advising government on appropriate intervention measures for combating same;

(k) dealing with matters connected with the extradition, deportation and mutual legal or other assistance between Nigeria and any other country involving Economic and Financial Crimes;

(l) The collection of all reports relating suspicious financial transactions, analyse and disseminate to all relevant Government agencies;

(m) taking charge of, supervising, controlling, coordinating all the responsibilities, functions and activities relating to the current investigation and prosecution of all offenses connected with or relating to economic and financial crimes;

(n) the coordination of all existing economic and financial crimes, investigating units in

Nigeria;

(o) maintaining a liaison with office of the Attorney-General of the Federation, the Nigerian Customs Service, the Immigration and Prison Service Board, the Central Bank of Nigeria, the Nigeria Deposit Insurance Corporation, the National Drug Law Enforcement Agency, all government security and law enforcement agencies and such other financial supervisory institutions in the eradication of economic and financial crimes;

(p) carrying out and sustaining rigorous public and enlightenment campaign against economic and financial crimes within and outside Nigeria and;

(q) carrying out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act.

7: (1) The Commission has power to –

(a) cause investigations to be conducted as to whether any person, corporate body or organization has committed any offence under this Act or other law relating to economic and financial crimes;

(b) cause investigations to be conducted into the properties of any person if it appears to the commission that the person’s lifestyle and extent of the properties are not justified by his source of income;

(2) The Commission is charged with the responsibility of enforcing the provisions of –

(a) the Money Laundering Act 2004; 2003 No.7 1995 N0. 13;

(b) the Advance Fee Fraud and Other Fraud Related Offences Act 1995;

(c) the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994, as amended;

(d) The Banks and other Financial Institutions Act 1991, as amended; and

(e) Miscellaneous Offences Act;

(f) Any other law or regulations relating to economic and financial crimes, including the Criminal code of penal code.

PART III – STAFF OF THE COMMISSION

8: (1) There shall be established for the Commission a Secretariat that shall be headed by secretary who shall be appointed by the President.

(2) The secretary shall be–

(a) the head of the Secretariat of the Commission;

(b) responsible for the administration of the Secretariat and the keeping of the books and records of the Commission;

(c) appointed for a term of five years in the first instance and may be re- appointed for a further term of five years subject to satisfactory performance; and

(d) subject to the supervision and control of the Chairman and the Commission.

(3)The Commission may, from time to time, appoint such other staff or second officers from government security or law enforcement agencies or such other private or public services as it may deem necessary, to assist the Commission in the performance of its functions under this Act.

(4) The staff of the Commission appointed under subsection (3) of this section, shall be appointed upon such terms and conditions as the Commission may, after consultation with the Federal Civil Commission, determine.

(5)For the purpose of carrying out or enforcing the provisions of this act, all officers of the Commission involved in the enforcement of the provisions of this act shall have the same powers, authorities, privileges (including power to bear arms) as are given by law to members of the Nigerian Police.

9: (1)The Commission may, subject to the provision of this Act, make staff regulations relating generally to the conditions of service of the employees of the Commission and without prejudice to the generality of the foregoing, the regulations may provide for –

(a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Commission; and

(b) appeals by such employees against dismissal or other disciplinary measures, and until the regulations are made, any instrument relating to the conditions of services of officers in the Civil Service of the Federation shall be applicable, with such modifications as may be necessary, to the employees of the Commission.

(2) Staff regulations made under subsection (1) of this section shall not have effect until approved by the Commission, and when so approved the regulations may not be published in the Gazette but the Commission shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.

10: (1) Service in the commission shall be public service for he purpose of Pensions Act and, accordingly, officers and other persons employed in the commission, shall in respect of their service in the Commission, be entitled to pension, gratuities and other retirement benefits as are prescribed thereunder, so however that nothing in this act shall prevent the appointment of a person to any office on terms which preclude the grant of pension or gratuity in respect of that office.

(2) For the purpose of the application of the provisions of the Pensions Act, any power exercisable under the Act by a Minister or other authority of the Government of the Federation (not being the power to make regulations under Section 23 thereof) is hereby vested in and shall be exercisable by the Commission and not by any other person or authority.

11: The Commission shall initiate, develop or improve specific training programmes for its law enforcement and other personnel charged with responsibility for the eradication of offences created by this Act and such programmes shall include –

(a) methods used in the detection of offences created under the this Act;

(b) techniques used by persons involved in offences created under this Act and appropriate counter-measures;

(c) detection and monitoring of the movement of proceeds and property derived from economic and financial malpractices intended to be used in the commission of offences under this Act;

(d) methods used for the transfer, concealment or disguise of such proceeds, property and instrumentalities;

(e) collection of evidence;

(f) law enforcement techniques;

(g) Legal prosecution and defence;

(h) Dissemination of information on economic and financial crimes and related offences.

12: (1) For the effective conduct of the functions of the Commission, there may be established

for the Commission the following units–

(a) the General And Assets Investigation Unit;

(b) the Legal And Prosecution Unit;

(c) the Research Unit;

(d) the Administration Unit; and

(e) the Training Unit.

(2) Notwithstanding the provisions of subsection (1) of this section, the Commission has power to set up any committee as may be necessary to assist the Commission in the performance of its duties an functions under this Act.

13: (1) The General and Assets Investigation Units shall be charged with responsibilities for –

(a) The prevention and detection of offences in violation of the provisions of this Act;

(b) The arrest and apprehension of economic and financial crime perpetrators;

(c) The investigation of assets and properties of persons arrested for committing any offence under this Act;

(d) The identification and tracing of proceeds and properties involved in any offence under this Act and the forfeiture of such proceeds and properties to the Federal Government; and

(e) Dealing with matters connected with extradition and mutual assistance in criminal matters involving economic and financial offences.

(2)The Legal and Prosecution Unit shall be charged with responsibility for –

(a) Prosecuting offenders under this Act;

(b) Supporting the general and assets investigation unit by providing the unit with legal advice and assistance whenever it is required;

(c) Conducting such proceedings as may be necessary towards the recovery of any assets or property forfeited under this Act;

(d) Performing such other legal duties as the Commission may refer to it from time to time.

(3)There shall be appointed for each of the Units a principal officer who shall be known by such designation as the Commission may determine.

PART IV – OFFENCES

14: (1) A person who, being an officer of a bank or other financial institution or designated non-financial institution –

(a) fails or neglects to secure compliance with the provisions of this Act; or

(b) fails or neglects to secure the authenticity of any statement submitted pursuant to the provisions of this act, commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine of Five Hundred Thousand Naira (N500,000) or to both such imprisonment and fine.

(2) Subject to the provision of Section 174 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any persons in any court of law), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, not exceeding the amount of the maximum fine to which that person would have been liable if he had been convicted of that offence.

(3)All moneys received by the Commission under the provisions of subsection (2) of this section shall be paid into the Consolidated Revenue Fund of the Federation.

15: (1) A person who willfully provides or collects by any means, directly or indirectly, any money by any other person with intent that the money shall be used for any act of terrorism commits an offence under this Act and is liable on conviction to imprisonment for life.

(2) Any person who commits or attempts to commit a terrorist act or participates in or facilitates the commission of a terrorist act, commits an offence under this Act and is liable on conviction to imprisonment for life.

(3) Any person who makes funds, financial assets or economic resources or financial or other related services available for use of any other person to commit or attempt to commit, facilitate or participate in the commission of a terrorist act is liable on conviction to imprisonment for life.

16: (1) Any person who, in the discharge of his duty under this Act, gives information which is false in any material particular, commits an offence under this Act and the onus shall lie on him to prove that such information was supplied to him by another person and that he exercised all diligence to prevent the commission of the offence having regard to the nature of his functions in that capacity and in all the circumstances.

(2) The penalty for offences under subsection (1) of this section shall be imprisonment for a term not less than 2years and not exceeding 3years provided that where the offender is a public officer the penalty shall be imprisonment for a term not less than 3 years and not more than 5 years.

(3) Without prejudice to the provisions of any other enactment, any regulatory agency or body in the financial sector shall in the exercise of its functions, liaise with the Commission to investigate and monitor the commission of economic and financial crimes.

17: A person who –

(a) whether by concealment, removal from jurisdiction, transfer to nominees or otherwise or otherwise retains the control of the proceeds of a criminal conduct or an illegal act on behalf of another person knowing that the proceeds is as a result of criminal conduct by the principal; or

(b) knowing that any property is in whole or in part directly or indirectly represents another person’ s proceeds of a criminal conduct, acquires or uses that property or has possession of it, commits an offence and is liable on conviction to imprisonment for a term not less than 5 years or to a fine equivalent to 5 times the value of the proceeds of the criminal conduct or to both such imprisonment and fine.

18: (1) A person who, without lawful authority –

(a) engages in the acquisition, possession or use of property knowing at the time of its acquisition, possession or use that such property was derived from any offence under this Act; or

(b) engages in the management, organisation or financing of any of the offences under this Act; or

(c) engages in the conversion or transfer of property knowing that such property is derived from any offence under this Act; or

(d) engages in the concealment or disguise of the true nature, source, location, disposition, movement, rights, with respect to or ownership of property knowing such property is derived from any offence referred under this Act commits an offence under this Act and is liable on conviction to the penalties provided in Subsection(2) of this section.

(2) The penalties provided for offences under subsection (1) of this section shall be imprisonment for a term not less than two years and not exceeding three years.

19: (1) The Federal High Court or High Court of a state of the Federal Capital Territory has jurisdiction to try offenders under this Act.

(2) The Court shall have power, notwithstanding anything to the contrary in any other enactment,

(a) To impose the penalties provided for in this Act.

(b) To ensure that all matters brought before the court by the Commission against any person, body or authority shall be conducted with dispatch and given accelerated hearing

(c) To adopt all legal measures necessary to avoid unnecessary delays and abuse in the conduct of matters brought by the Commission before it or against any person, body or authority.

(3) The Chief Judge of the Federal High Court or a High Court of a State or the High Court of The Federal Capital Territory Abuja, as the case may be shall by order under his hand, designate a court or judge he shall deem appropriate to hear and determine all cases under this act or other related offences under this Act.

(4) A court or judge so designated shall give such matters priority over other matter pending before it.

(5) In any trial for an offence under this act, the fact that an accused person is in possession of pecuniary resources or property for which he cannot satisfactorily account and which is disproportionate to his known sources of income, of that he had at or about the time of the alleged offence obtained an accreditation to his pecuniary resources or property for which he cannot satisfactorily account, my be proved and taken into consideration by the Court as corroborating the testimony of any witness in the trial.

20: (1) A person convicted of an offence under this Act shall forfeit to the Federal Government –

(a) all the assets and properties which may or are the subject of an interim order of the Court after an attachment by the Commission as specified in section 26 of this Act;

(b) any asset or property confiscated, or derived from any proceeds, the person obtained directly or indirectly, as a result of such offences not already disclosed in the Assets Declaration Form specified in Form A of the Schedule to this Act or not falling under paragraph (a) of this subsection;

(c) any of the person’s property or instrumentalities used in any manner to commit or to facilitate the commission of such offence not already disclosed in the Declaration of Assets Form or not falling under paragraph (a) of this subsection.

(2) The Court in imposing a sentence on any person under this section, shall order, in addition to any other sentence imposed pursuant to Section 11 of this Act, that the person forfeit to the Federal Government all properties described in subsection (1) of this section.

(3) In this section, “proceeds” means any property derived or obtained, directly, through the commission of an offence under this Act.

21: For the avoidance of doubt and without any further assurance than this Act; all the properties of a person convicted of an offence under this Act and shown to be derived or acquired from such illegal act and already the subject of an interim order shall be forfeited to the Federal Government.

22: (1) Where it is established that any convicted person has assets or properties in a foreign country, acquired as a result of such criminal activity, such assets or properties, subject to any treaty or arrangement with such foreign country, shall be forfeited to the Federal Government.

(2) The Commission shall, through the office of the Attorney-General of the Federation, ensure that the forfeited assets or properties are efficiently transferred and vested in the Federal Government.

23: The passport of any person convicted of an offence under this Act shall be forfeited to the Federal Government and shall not be returned to that person till he has served any sentence imposed or unless or until the President directs otherwise after the grant of pardon or on the exercise of the prerogative of mercy under the constitution of the Federal Republic of Nigeria 1999.

24: Any property-

(a) Whether real or personal, which represents the gross receipts a person obtains directly as a result of the violation of this Act or which is traceable to such gross receipts;

(b) Within Nigeria which represents the proceeds of an offence under the laws of a foreign country within whose jurisdiction such offense of activity would be punishable by imprisonment for a term exceeding one year and which would be punishable by imprisonment under this Act if such act or activity had occurred within Nigeria, is subject to forfeiture to the Federal Government and no other property rights shall exist on it

25: Without prejudice to the provision of any other law permitting the forfeiture of property, the following shall also be subject to forfeiture under this Act and no proprietary right shall exist in them –

(a) all means of conveyance, including aircraft, vehicles, or vessels which are used or are intended for use to transport or in any manner, to facilitate the transportation, sale, receipt, possession or concealment of economic or financial crime except that-

(i) No means of conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section unless it shall appear that the owner or other person in the charge of such means of conveyance was a consenting party or privy to a violation of this Act;

(ii) No means of conveyance shall be forfeited under this section by reason of any act established by the owner thereof to have been committed by any person other than such owner while such means of conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of Nigeria or any part thereof, and

(iii) No means of conveyance shall be forfeited under this section to the extent of an interest of an owner, by reason of any act established by that owner to have been committed without the knowledge, consent or willful connivance of that owner;

(b) all books, records, research and data used or intended to be used in violation of any provision of this Act;

(c) all monies, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for any illegal act or in violation of this Act or all proceeds traceable to such an exchange, and all monies, negotiable instruments and securities used or intended to be used to facilitate any violation of this Act;

(d) all real property, including any right, title and interest (including any leasehold interest) in the whole or any piece or parcel of land and any improvements or appurtenances which is used or intended to be used, in any manner or part to commit, or facilitate the commission of an offence under this Act.

26: (1) Any property subject to forfeiture under this Act may be seized by the Commission in the following circumstances –

(a) the seizure incidental to an arrest or search; or

(b) in the case of property liable to forfeiture upon process issued by the Court following an application made by the Commission in accordance with the prescribed rules.

(2) Whenever property is seized under any of the provisions of this Act, the Commission may –

(a) place the property under seal; or

(b) remove the property to a place designed by the Commission.

(3) Properties taken or detained under this section shall be deemed to be in the custody of the Commission, subject only to an order of a Court.

PART V – FORFEITURE OF ASSETS OF PERSONS ARRESTED FOR OFFENCES UNDER THIS ACT

27: (1) Where a person is arrested for committing an offence under this Act, such a person shall make full disclosure of all his assets and properties by completing the declaration of Assets Form as specified in form A of the Schedule to this Act.

(2)The completed Declaration of Assets Form shall be investigated by the Commission

(3)Any Person who –

(a) knowingly fails to make full disclosure of his assets and liabilities ;or

(b) knowingly makes a declaration that is false; or

(c) fails, neglects or refuses to make a declaration or furnishes any information required, in the Declaration of Assets Form;

commits an offence under this Act and is liable on conviction to imprisonment for a term of five years.

(4) Subject to the provisions of section 24 of this Act, whenever the assets and properties of any person arrested under this Act are attached, the General and Assets Investigation Unit shall apply to the Court for an interim forfeiture order under the provision of this Act.

(5) The Chairman of the Commission shall have powers to make changes or modifications to the Declaration of Assets Form specified in Form A of the Schedule to this Act as may become necessary in order to give effect to the provisions of this Act

28: Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic and financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.

29: Where:

(a) the assets or properties of any person arrested for an offence under this Act has been seized; or

(b) any assets or property has been seized by the Commission under this Act, the Commission shall cause an application to be made to the Court for an interim order forfeiting the property concerned to the Federal Government and

Chapter 12 Corruption and Abuse of Office

98.(1) Any public official (as defined in section 98D) who-

(a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or bribes, etc.,

(b)corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

(i) anything already, done or omitted, or any favour or disfavour already shown to any person, by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which he is serving as a public official, or

(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years.

(2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public official, or by some other person at the instance of a public official, from a person-

(i) holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

(ii) concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public official or a government department, public body or other organisation or institution in which that public official is serving as such, or by or from any person acting on behalf of or related to such a person, the property, benefit or promise shall, unless the contrary is proved, he deemed to have been received corruptly on account of such a past or future act, ommission, favour or disfavour as is mentioned in subsection (1)(i) or (ii).

(3) In any proceedings for an offence under this section to which subsection (1)(ii) is relevant it shall not be a defence to show that the accused-

(a) did not subsequently do, make or show the act, omission, favour or disfavour in question; or

(b) never intended to do, make or show it.

(4) Without prejudice to subsection (3), where a police officer or other public official whose official duties include the prosecution detention or punishment of offenders is charged with an offence under this section in connection with-

(a) the arrest, detention or prosecution of any person for an alleged offence; or

(b) an ommission to arrest, detain or prosecute any person for an alleged offence; or

(c) the investigation of an alleged offence, it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b),or (c), or any other offence, had been committed.

98A. (1) Any person who- Official corruption: person giving bribes, etc., on account of actions of public Official.

(a) corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official (as defined in section 98D) or to, on or for any other person; or 1966 No. 84.

(b) corruptly promises or offers to give or confer or to procure or attempt to procure any property or benefit of any kind to, on or for a public official or to, on or for any other person, on account of any such act, omission, favour or disfavour on the part of the public official as is mentioned in section 98(1)(i) or (ii), is guilty of the felony of official corruption and is liable to imprisonment for seven years.

(2) If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was given to a public official, or to some other person at the instance of a public official, by a person-

(i)holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

(ii)concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public official or a government department, public body or other organisation or institution in which that public official is serving as such, or by or from any person acting on behalf of or related 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 98(1)(i) or (ii).

98B.(1)Any person who–

(a) corruptly asks for, receives or obtains ‘any property or benefit of any kind for himself or any other person; or

(b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

(i) anything already done or omitted, or any favour or disfavour already shown to any person, by a public official (as defined in section 98D) 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 official is serving as such; or

(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public official in the discharge of his official duties or in relation to any such matter as aforesaid,is guilty of the felony of official corruption and is liable to imprisonment for seven years.

(2) In any proceedings for an offence under this section it shall not be necessary to prove-

(a) that any public official counselled the commission of the offence; or

(b) that in the course of committing the offence the accused mentioned any particular public official; or

(c) that (in a case to which subsection (1)(ii) is relevant) the accused believed that any public official would do, make or show the act, omission, favour or disfavour in question; or

(d) that the accused intended to give the property or benefit in question, or any part thereof, to a public official.

98C. (1) A judicial officer cannot be arrested without warrant for an offence under section 98, 98A Or 98B.

(2) No proceedings for an offence under section 98, 98A Or 98B shall he instituted against a judicial officer except on a complaint or information Signed by or on behalf of the Attorney-General of the Federation or by or on behalf of the Attorney-General of the State in which the offence is alleged to have been committed.

(3) In this section, “judicial officer” means, in addition to the officers mentioned in the definition of that expression contained in section 1(1)-

(a) a member of a customary court;

(b) a member of a juvenile court;

(c) an arbitrator, umpire or referee;

(d) a person called upon to serve as an assessor in any civil or criminal proceedings;

(e) a member of a jury;

(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and

(g) any person before whom, under any law in force in Nigeria or any part thereof, there may be held proceedings in which evidence may be taken on oath.

98D. In sections 98 to 98B, “public official” means any person employed in the public service (within the meaning of that expression as defined in section 1(1)) or any judicial officer within the meaning of section 98c.

99. Any person who, being employed in the public service, takes, Or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years.

100. (Deleted by 1966 No. 84.)

101. 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 persons, a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which he is employed, is guilty of a felony, and is liable to imprisonment for three years, and to be fined at the discretion of the court.

The offender cannot be arrested without warrant.

102. Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, respecting the carrying on of any manufacture, trade, or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for one year.

103. Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is to his knowledge, false in any material particular, is guilty of a felony, and is liable to imprisonment for three years.

104. Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for two years.

If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for three years.

The offender cannot be arrested without warrant.

A prosecution for any offence under this or any of the last three preceding sections shall not be instituted except by or with the consent of a law officer.

105. Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a felony, and is liable to imprisonment of three years.

The offender cannot be arrested without warrant.

106. Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year. This section does not apply to an oath, declaration, affirmation, or affidavit, administered or taken before a peace officer in any matter relating to the preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden death; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

107. Any person who-

(1) not being a judicial officer, assumes to act as a judicial officer; or

(2) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit, or to do any other act of a public nature which can only be done by persons authorised by law to do so; or

(3) represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised; is guilty of a felony, and is liable to imprisonment for three years.

The offender cannot be arrested without warrant.

108. Any person who-

(1) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or

(2) falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment; is guilty of a felony, and is liable to imprisonment for three years.

109. Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

(a) wears any part of the uniform of, or

(b) wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,is guilty of a misdemeanour and is liable to imprisonment for one year.

110. Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

(1) not being a person serving in any of the armed forces of Nigeria, wears the uniform or any part of the uniform of such forces, or any the armed dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or

(2) not being a person holding any office or authority under the Government of Nigeria or of any part thereof, wears any uniform or distinctive badge or mark or carries any token calculated to convey the impression that such person holds any office or authority under the government; is guilty of an offence and is liable to imprisonment for one month, or to a fine of ten naira, unless he proves that he had the permission of the President or of the Governor of a State or wear such uniform or dress, badge or mark or to carry such token:

Provided that this section shall not apply to the wearing of any uniform or dress in the course of a stage play or in any bona fide public entertainment.

111. Any person who sells or gives any uniform, or part of a or any dress, badge or mark, as in the last

preceding section mentioned, to any person who is not authorised to wear the same, is guilty of an offence and is liable to the penalties prescribed in the said section.

(Adopted in 1999)

Part I Code of Conduct for Public Officers,

General

8. No persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties.

Code of Conduct Tribunal

18. (2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following –

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

Interpretation

19. In this Code, unless the context otherwise requires –

“assets” includes any property, movable and immovable and incomes owned by a person;

“misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities;

Police Background Check Procedures

Who can apply?

• Individuals in person.
• Prospective UK employers may apply.
• Third party representatives may apply.

Where?

• All applications must be made in person at the Central Criminal Registry (CCR) in Lagos. Posts,e-mails and faxes will not be accepted.
• Overseas applicants are advised to consult the Nigerian High Commission in London.

What must the applicant supply?

Individuals:
• Form available at CCR; to be filled on site, stating “pre-employment screening” for reason(s).
• Enquire beforehand from CCR if additional documents are required.
• Fingerprints to be obtained on site.
• Letter of introduction from prospective employing company
• Valid international Passport Prospective employers:
• Form available at CCR; to be filled on site, stating “pre-employment screening” for reason(s).
• Must provide subject’s copy of bio data page of their international passport and copy of their fingerprints (taken at local police station).
Overseas applicants:
• 3 copies of Nigerian passport
• 3 copies of page showing current visa (Non UK residents only)
• 3 passport sized photographs
• 3 copies of completed form (obtainable at embassy)
• Payment of fees

What are the costs / turnaround times?

Local applicants:
• N1,500 (approx. GBP £5.99). Turnaround time given on application.
Overseas applicants:

• GBP£ 20 for document and GBP£ 15 processing fee. Turnaround time given on application.

Contact Details

Local applicants can obtain the form from the CCR.
The Registrar of Criminals
The Nigeria Police Force
Attention: Central Criminal Registry
Feder
al Investigation and Intelligence Bureau
Alagbon Close, Ikoyi, Lagos
Nigeria
Overseas applicants can download the form here:
http://www.nigeriahc.org.uk/pdf/good_conduct.pdf (English)
Apply in person or post applications to:
Nigerian High Commission
(Consular and Education Section)
9 Northumberland Avenue
London
WC2N 5BX
Tel: (+44) 020-7550-681-31

Risk

Sovereign risk

Nigeria’s sovereign risk score is constrained by the policy and political environment, and this will be exacerbated by the negative macroeconomic repercussions from the slump in oil prices. However, debt ratios remain broadly favourable, and the authorities are expected to remain current on payments. In the longer term, a failure to expand non-oil fiscal revenue could cause sustainability problems if, as seems likely, the government chooses to increase borrowing rather than bring down expenditure growth.

Banking sector risk

Although Nigerian banks are generally profitable, the sector is highly exposed to the oil industry, with non-performing loans expected to increase as the oil price slump bites. Furthermore, a number of banks have increased borrowing from global capital markets in US dollars, and although this is a sign of growing confidence in the sector, it is also increasing exchange-rate exposure.

Political risk

The peaceful conduct of the March presidential election and general acceptance of the results reduce the risk of an upsurge in political instability. However, the transition from a long established ruling party to a new leadership will bring its own challenges. Islamist extremists remain capable of guerrilla attacks in north-eastern Nigeria, albeit under pressure from regional military forces.

Economic structure risk

Nigeria’s dependence on oil has left it exposed to the recent slump in global prices. The price falls are compounded by weak local production on the back of instability and theft in the producing regions. Although strong non-oil growth has offset the impact on GDP, fiscal revenue and exports remain dominated by oil receipts and thus highly exposed to the troubles of the sector.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high. Northern states of Borno, Gombe, Yobe, Kano, Adamawa and Kaduna, and Middle Belt states of Bauchi and Plateau (see Advisory) There is a high threat of terrorism in the northern states of Gombe, Yobe, Borno, Kano, Adamawa and Kaduna, where the extremist group Boko Haram, which often claims responsibility for terrorist attacks, is based. Boko Haram-attributed attacks, which regularly result in significant loss of life and injuries, increased in 2014. Explosions have taken place in busy public areas, including in or near markets in Jos, Maiduguri and Kano. A state of emergency is in effect in the states of Borno, Yobe and Adamawa. Additional security personnel have been deployed to these states. Curfews are in effect in Maiduguri and other cities in the northeast, and are subject to change. Consult the Terrorism section below for more information. There is a risk of foreign nationals being kidnapped in some northern states of Nigeria. See the Kidnapping section below. The states of Kaduna and Plateau are significantly affected by inter-communal violence. Frequent episodes of violent attacks occur in the city of Jos, located in Plateau State, and the situation remains unstable. Hundreds of people have died in violent clashes. Jos has also been the target of terrorist attacks perpetrated by suicide bombers. The borders with Niger, Chad and Cameroon could be closed on short notice. Niger Delta states (see Advisory) The security situation in the Niger Delta region is fragile and unstable, particularly in the states of Akwa Ibom, Bayelsa, Delta, Abia, Anambra, Rivers (with the exception of Rivers state capital Port Harcourt where we advise against non-essential travel). Regional and ethnic conflicts between militant groups occur in the area, and have led to unrest and violence in the past. Militant activity has also been directed towards foreign interests. Armed groups have carried out successful attacks on oil facilities and workers, resulting in injuries and deaths. Incidents of armed robbery have also increased. Kidnapping occurs in the Niger Delta States. See the Kidnapping section below. Piracy is an ongoing threat in the Niger Delta states. Incidents of piracy, including attacks, kidnappings, hostage takings and ship hijackings are very common in this extremely volatile area. You should avoid the riverine and shoreline areas at all times. Insurgents in speedboats and equipped with high-calibre weapons operate along the coastal waters in the region. For additional information, consult the Live Piracy Report published by the International Maritime Bureau. If you choose to remain in the Niger Delta states despite this warning, you should be extremely vigilant at all times. If travelling for business, ensure that meetings are held at a secure location and that the contact is known to you. Seek the advice of local authorities when planning trips and leave a detailed itinerary with family or friends. Contact the High Commission in Abuja or the Deputy High Commission in Lagos for the latest security information and register with the Registration of Canadians Abroad (ROCA) service. Calabar and Lagos You are advised to exercise a high degree of caution in Calabar, the capital of Cross River State, where the security situation is stable and facilities are relatively well developed compared to the rest of the country. You are advised against non-essential travel to the rest of Cross River State. You are advised to exercise a high degree of caution in the city of Lagos, specifically within the area covering Ikeja in the north down to Lagos Island, Victoria Island and Ikoyi, and from Mile Two (west end of Lagos) to Chevron Estate on the Lekki Peninsula (east end of Lagos). You are advised against non-essential travel beyond this area (see Advisory). The level of criminality in Lagos is high and incidents of violent crime, including assaults and armed attacks, have occurred against foreign nationals and in areas frequented by foreigners. All unnecessary travel should be avoided after dark. If you decide to travel to these cities you should stay in secure, guarded accommodations and maintain a heightened level of personal security awareness at all times. Contact the High Commission in Abuja for advice on taking the necessary security precautions. Ebola Screening measures are in place at entry points in an attempt to contain the Ebola outbreak. Chad has closed its border with Nigeria.

Terrorism

There is a high threat from terrorism in Nigeria, particularly in some northern and Middle Belt states. Terrorist attacks, which can involve improvised explosive devices, gun fire and explosions, occur frequently and result in numerous deaths and injuries. Large-scale and small scale bomb attacks have occurred, including in Abuja, and some were coordinated to strike simultaneously in different cities. Targets have included Nigerian government institutions and security facilities, police stations, universities, schools, markets and places of worship. Terrorists have used vehicle borne improvised explosive devices to target churches and mosques in communities across the country, and inter-religious, retaliatory violence often follows. Attacks may increase during religious holidays. Further terrorist attacks are likely, and could target locations frequented by expatriates and foreign travellers, including government institutions, international organizations, large hotels, bars, markets, shopping centers and public transportation. In recent years, the Federal Capital Territory has been targeted by terrorists. On June 25, 2014, a large explosion at the Emab Plaza, in a shopping district frequented by foreigners in Abuja, caused several casualties. Remain highly vigilant and avoid large crowds and gatherings when in public places in Abuja. Increased threat of attacks and kidnappings In 2013, the French military assisted the Malian government in efforts to repel armed rebels. Terrorist groups in the region declared their intention to increase attacks and kidnappings targeting Westerners. While the United Nations peacekeeping mission in Mali has been supporting the transitional authorities in stabilizing the region since July 2013, citizens of countries supporting the intervention are still at particular risk, but all travellers should exercise increased vigilance in the region. Curfews Nigerian authorities have imposed curfews as a means to restore order after violence erupts in volatile areas. Curfews are currently in effect for the cities of Gusau (Zamfara State), Kano (Kano State), Maiduguri (Borno State), Minna (Niger State), Potiskum (Yobe State), and Yola and Mubi (Adamawa State). Canadians in affected areas are urged to limit their essential movements to daylight hours, avoid all public gatherings, keep a supply of basic foods on hand, monitor the security situation and closely follow the advice of local authorities, especially with respect to curfews. Kidnapping Kidnappings are a particular threat in the Niger Delta region and in southwestern Nigeria, but occur elsewhere in the country. Kidnappings for ransom targeting Westerners have increased in the affluent areas of Lagos and the surrounding states of Ogun, Osun and Ondo. Throughout the Niger Delta states, numerous Westerners, mainly oil and gas facility workers, have been abducted, and, in some cases, killed. Remain especially vigilant in Warri, Delta state. In Port Harcourt, Rivers state, you should avoid going to public places frequented by expatriates, including bars and restaurants, and avoid the waterfront at all times. The states of Abia, Anambra and Imo are at risk for kidnappings for ransom as well as violent acts. Recent events have demonstrated that attacks, often perpetrated by small groups of armed individuals, are indiscriminate. Residents and foreigners alike have been abducted and held captive, sometimes for days, until ransom was paid. Deaths have also been reported. Incidents of kidnapping of expatriates have occurred in the northern states of Adamawa, Kebbi, Katsina, Bauchi and Kano. Kidnapping for ransom of Nigerian citizens occurs regularly across northern Nigeria. Numerous mass kidnappings in northeast Nigeria have been linked to Boko Haram. Crime There is a high level of crime throughout Nigeria, including armed robbery, kidnapping for ransom, and violent assault. Criminal activity remains high in urban areas, including the city of Lagos. Robberies and muggings conducted by large, well-armed groups, in places frequented by expatriates, are common. Some have been committed by persons posing as police or military personnel. Incidents include armed attacks against foreign nationals and assaults in areas frequented by foreigners. Use caution when travelling to and from banks and be particularly discreet when using automated banking machines (ABMs). Before booking a hotel, ensure that sufficient security measures are in place. Check with local authorities to determine which hotels are safe for foreigners. Stay only at reputable hotels. House robberies are on the rise in Abuja, and remain a serious concern in residential areas of Lagos. Petty crime is common in crowded places, especially in public markets, as well as popular tourist sites. Should you visit the beach or sign up for a fishing excursion, do so only during daylight and in large groups, particularly those beaches in the vicinity of Victoria Island (Lekki and Bar beaches). Incidents of armed robbery and carjacking have occurred along main routes to international and domestic airports. (See the Travel to and from the airport section below). Transportation Across Nigeria, roads are generally in poor condition and lack adequate lighting. Excessive speeds and unpredictable driving habits pose hazards. All unnecessary road travel should be avoided after dark. Road accidents pose a serious risk and you should exercise great caution, especially when travelling on highways and outside major urban areas. Personal security and appropriate journey management should be observed as a very high priority. Road travel can be dangerous due to robberies and carjackings, which sometimes include physical violence. There have been reports of attempted armed robbery on main highways between state capitals. Carjackings have also occurred in main cities, including Lagos and Abuja. Many strategies may be used to stop cars on the road, such as nails being scattered on the road, or individuals, including pregnant women, pretending to be injured. Police checkpoints are very frequent on roads throughout the country. Abuse by some law-enforcement officers, armed gangs and others to extort bribes is common. This is a recurring security problem, especially along Nigeria’s borders. If you need assistance, you may contact the High Commission of Canada in Abuja. Rental cars are available in Nigeria, but should be avoided. Major hotels and the customer service centres at the airports in Lagos, Abuja and Kano offer reliable car-hire services complete with drivers. Public transportation is not recommended due to the risk of petty theft and armed attacks. Passengers in taxis have been driven to secluded areas where they have been attacked and robbed. However, if you must use a taxi, verify that nobody is hiding in the trunk before entering the vehicle. Locals have been known to hide in the trunk and then emerge through the back seat to rob the passenger once the taxi is in motion. Motorbike taxis, known in Nigeria as “okadas”, are a typical form of public transportation in many cities and are dangerous to motorists, their own passengers and pedestrians. In a number of cities, okada drivers and passengers are required to wear helmets. Arrange to arrive at the airport during the day and be met there by reliable contacts. Be extremely cautious when travelling to and from the airport. If transportation is not arranged by hosts or the hotel, you are advised to hire cars and drivers from reputable security providers with respect to journey management. Drivers should be experienced, have local knowledge, and be familiar with alternative routes. All arrangements should be made prior to your arrival in Nigeria. When arranging to hire a car and driver, be sure to agree on a price and all details before accepting. Incidents of armed robbery and carjacking have occurred along main routes to international and domestic airports. Also, be aware that criminals have posed as bogus greeters at the airport. Several incidents of armed robbery resulting in deaths have occurred at the Murtala Muhammed International Airport in Lagos. During the dry season, the Harmattan wind leads to high amounts of sand and dust in the air. Air travel within Nigeria can sometimes be restricted due to limited visibility. Occasionally, flights must be rerouted from their original destinations. See Transportation Safety in order to verify if national airlines meet safety standards. Fraud Cases of attempted fraud are frequently reported in this country. See Overseas Fraud for more information on scams abroad. Piracy Pirate attacks and armed robbery against ships occur in coastal waters. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau. General safety information Carry photocopies of your official identification at all times and safely store passports, visas and travel documents. Remain discreet; avoid walking alone and displaying any signs of affluence in public. Valuables or bags should not be left unattended. Local telecommunications are subject to disruptions. Always carry a mobile phone. There are many mobile phone companies in Nigeria and it is the preferred method of telecommunications. The country experiences regular fuel shortages. Monitor local media sources for indicators of the circumstances that precede fuel shortages and ensure that you have adequate supplies on hand.

Address Format

RECIPIENT [BUILDING]

[SUBBUILDING] [HOUSE_NUMBER]

STREET_NAME LOCALITY POSTALCODE PROVINCE NIGERIA

Sample Mr. Ben Tal 78 Bauchu Road, Yelwa JOS 930283

PLATEAU NIGERIA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-09-08 10:30 AM Q2 6.54% 6.21% 6.10% 6.29%
2014-11-16 12:00 PM Q3 6.23% 6.54% 6.96%
2015-05-14 10:40 AM Q1 3.96% 5.94% 6.99%
2015-09-08 10:30 AM Q2 3.96% 6.47%
2015-11-16 12:00 PM Q3 6.77%
TOP
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