Part I Preliminary

1. This Act may be cited as the Anti-Corruption Commission Act. Short title

Application

2. All offences under this Act shall be enquired into, tried, and otherwise dealt with in accordance with the Criminal Procedure Code and Part I of the Penal Code.

Interpretation

3. In this Act, unless the context otherwise requires- “agent” means a trustee, an executor, an administrator, or any person not employed by a public or private body who acts for or on behalf, or in the name, of a public body or a private body or any other person;

“appointed date” means such date as the President may appoint under section one;

“appropriate authority” means any person or institution to whom a recommendation has been made;

“casual gift” means any conventional hospitality on a modest scale or unsolicited gift of modest value offered to a person in recognition or appreciation of that person’s services, or as a gesture of goodwill towards that person and includes any inexpensive seasonal gift offered to staff or associates by public and private bodies or private individuals on festive or other special occasions, which is not in any way connected with the performance of a person’s official duty so as to constitute an offence under Part IV;

“Chairperson” means the person appointed as Chairperson under section seven;

“Commission” means the Anti-Corruption Commission established under section four;

“Commissioner” means a person appointed as Commissioner under section, seven;

“Corrupt” means the soliciting, accepting, obtaining, giving, promising or offering of a gratification by way of a bribe or other personal temptation or inducement, or the misuse or abuse of a public office for private advantage or benefit, and “corruptly” shall be construed accordingly;

“Deputy Director-General” means a person appointed as Deputy Director-General under section eighteen;

“Director-General” means the person appointed under section sixteen;

“former Commission” means the Anti-Corruption Commission established under the repealed Act;

“Government” includes any ministry, department, service or undertaking of the Government;

“gratification” means any corrupt payment, whether in cash or in kind, any rebate, bonus, deduction or material gain, benefit, amenity, facility, concession or favour of any description and any loan, fee, reward, advantage or gift, or any other thing obtained as a result of the corrupt misuse or abuse of public funds or property, other than a casual gift;

“Investigation officer” means the person appointed under section nineteen;

“local authority” shall have the meaning assigned to it in the Local Government Act.

“parastatal” means any company, association, statutory corporation, body or board or any institution of learning, in which the State has a financial interest;

“principal” includes an employer, beneficiary under a trust, and a trust estate as though it were a person, and any person beneficiary interested in the estate of a deceased person as though the estate were a person, and, in relation to a public officer, a public body;

“private body” means any person or organisation not being a public body, a voluntary organisation, charitable institution, company, partnership or a club;

“public body” means the Government, any ministry or department of the Government, a local authority, parastatal board, council, authority, commission or other body appointed by the Government, or established by or under any written law;

“public officer” means any person who is a member of, or holds office in, or is employed in the service of, a public body, whether such membership, office or employment is permanent or temporary, whole or part-time, paid or unpaid, and

“public office” shall be construed accordingly;

“repealed Act” means the Corrupt Practices Act, 1980;

“Secretary” means the person appointed Secretary under section nineteen;

“staff” means the staff of the Commission appointed under section nineteen;

“senior police officer” means any police officer of or above the rank of Assistant Superintendent; and

“Vice-Chairperson” means the person appointed as Vice-Chairperson under section seven.

Part II The anti-corruption commission

4. (1) There is hereby established the Anti-Corruption Commission which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such things as a body corporate may, by law do or perform.

(2) The First Schedule shall apply to the Commission.

5. The Commission shall not, in the performance of its duties, be subject to the direction or control of any person or authority.

6. (1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Commission.

(3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

7. (1) The Commission shall consist of the following Commissioners:

(a) the Chairperson and

(b) four other persons.

(2) The Commissioners referred to in paragraph (a) and (c) shall be appointed by the President, subject to ratification by the National Assembly.

(3) The Chairperson shall be a person who has held or is qualified to hold high judicial office.

8. (1) A Commissioner referred to in subsection (1) of section seven shall be appointed for a term not exceeding three years, subject to renewal:

(2) A Commissioner may resign upon giving one month’s notice in writing to the President.

(3) The Office of a Commissioner shall become vacant-

(a) if the Commissioner is absent without reasonable excuse from three consecutive meetings of the Commission of which the Commissioner has had notice; (b) if the Commissioner becomes bankrupt;

(c) if the Commissioner becomes insane or is declared to be of unsound mind; and

(d) upon the Commissioner’s death.

9. (1) The functions of the Commission shall be to-

(a) prevent and take necessary and effective measures for the prevention of corruption in public and private bodies, including, in particular, measures for-

(i) examining the practices and procedures of public and private bodies in order to facilitate the discovery of corrupt practices and secure the revision of methods of work or procedures which in the opinion of the Commission, may be prone or conducive to corrupt practices;

(ii) advising public bodies and private bodies on ways and means of preventing corrupt practices, and on changes in methods of work or procedures of such public bodies and private bodies compatible with the effective performance of their duties, which the Commission considers necessary to reduce the likelihood of the occurrence of corrupt practices:

(iii) disseminating information on the evil and dangerous effects of corrupt practices on society; and

(iv) enlisting and fostering public support: against corrupt practices.

(b) receive and investigate complaints of alleged or suspected corrupt practices, and, subject to the directions of the Director of Public Prosecutions, prosecute-

(i) offences under this Act; and

(ii) such other offence under any other written law as may have come to the notice of the Commission during the investigation of an offence under this Act:

Provided that nothing in this paragraph shall be considered as precluding any public prosecutor from prosecuting, subject to the directions of the Director of Public Prosecutions, any offence under this Act which has come to the notice of the police during investigation of an offence under any written law;

(c) investigate any conduct of any public officer which, in the opinion of the Commission may be connected with or conducive to corrupt practices; and

(d) do all such things as are incidental or conducive to the attainment of the functions.

(2) The Commission may refuse to conduct, or may decide to discontinue an investigation where it is satisfied that the complaint or allegation is malicious, trivial, frivolous, vexatious or the particulars accompanying it are insufficient to allow a proper investigation to be conducted and shall indicate accordingly in the report.

(3) The Commission shall, in any case in which it decides not to conduct an investigation, or decides to discontinue an investigation inform the complainant in writing accordingly, and give reasons therefore.

(4) The Commission may in any inquiry make such orders and give such directions as it may consider necessary for the purpose of conducting any investigation.

10. (1) The Commission may depending on the findings made, make such recommendation as it considers necessary to the appropriate authority.

(2) The appropriate authority shall, within thirty days from the date of such recommendation make a report to the Commission, on any action taken by such authority.

11. (1) Subject to the other provisions of this Act, the Commission may regulate its own procedure.

(2) The Commission shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine.

(3) The Chairperson may at any time call a meeting of the Commission and shall call a special meeting to be held within fourteen days of receipt of a written request addressed to the Chairperson by at least two other Commissioners.

(4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter notice.

(5) The Chairperson with two other Commissioners shall constitute a quorum at any meeting of the Commission.

(6) There shall preside at any meeting of the Commission-

(a) the Chairperson;

(b) in the absence of the Chairperson, the Vice-Chairperson; or

(c) in the absence of both the Chairperson and the Vice-Chairperson, such other Commissioner as the Commissioners present may elect for the purposes of that meeting.

(7) A decision of the Commissioner on any question shall be by a majority of the Commissioners present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to such person’s deliberative vote.

(8) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but such person shall have no vote.

(9) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership of the Commission or by any defect in the appointment of any Commissioner or by reason that any person not entitled to do so, took part in the proceedings.

12. (1) The Commission may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit.

(2) Subject to subsection (1), the Commission may appoint as members of a committee, persons who are, or are not, Commissioners, except that at least one member of a committee shall be a Commissioner.

(3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.

(4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.

13. (1) If any person is present at a meeting of the Commission or any committee at which any matter is the subject of consideration, and in which matter that person or that person’s spouse is directly or indirectly interested in a private capacity, that person shall as soon as practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.

(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made.

(3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units.

14 (1) A person shall not, without the consent in writing given by, or on behalf of, the Commission, publish or disclose to any person otherwise than in the course of such person’s duties, the contents of any documents, communication, or information which relates to, and which has come to such person’s knowledge in the course of such person’s duties under this Act.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment, for a term not exceeding three years, or to both.

(3) If any person having information which to such person’s knowledge has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates any such information to any other person, such person shall be guilty of an offence and shall be liable upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

15. (1) No proceedings, civil, or criminal, shall lie against any Commissioner of the Commission, for anything done in the exercise of such person’s functions under this Act.

(2) Subject to the provisions of this Act, a Commissioner shall not be called to give evidence before any court or tribunal in respect of anything coming to such person’s knowledge in the exercise of such person’s functions under this Act.

(3) For the avoidance of any doubts, nothing in this section shall protect any Commissioner, for anything done outside the functions of the person’s office.

Part III The directorate of the commission

16. (1) There shall be a Director-General who shall be appointed by the President subject to ratification by the National Assembly.

(2) The Director-General shall be-

(a) responsible for the management and administration of the Commission;

(b) a full-time officer; and

(c)responsible for the implementation of any matters referred to such Director-General by the Commission.

(3) The Director-General shall attend meetings of the Commission and may address such meetings, but shall have no vote.

(4) A person shall not be qualified to be appointed Director-General unless the person is qualified to be appointed judge of the High Court.

(5) The Director-General shall not, while he holds the office of Director-General, discharge the duties of any other office of emolument in the Republic.

(6) The Director-General may, subject to any specific or general direction of the Commission, make standing orders providing for-

(a) the control, direction and administration of the Commission;

(b) the discipline, training, classification and promotion of officers of the Commission;

(c) the duties of officers of the Commission; or

(d) such other matters as he may consider necessary or expedient for preventing the abuse of power or neglect of duty by officers or other staff.

17. (1) Subject to subsection (2), a person appointed Director-General shall vacate that office on attaining the age of sixty-five years;

Provided that the Commission may permit a person who has attained that age to continue in office for such period as may be necessary to enable him do anything in relation to proceedings that were commenced before he attained that age.

(2) A person appointed Director-General may be removed from office for inability to perform the function of his office, whether arising from infirmity of body or mind or from any other cause, or for misbehaviour, and shall not be removed except by or in accordance with a resolution passed by the National Assembly pursuant to subsection (2) calling for an investigation into the question of the removal of the Director-General.

(3) If the National Assembly, by resolution supported by the votes of not less than two-thirds of all the members of the National Assembly, resolves that the question of removing the Director-General ought to be investigated, the Speaker of the National Assembly shall send a copy of such resolution to the Chief Justice who shall appoint a tribunal consisting of a chairman and two other persons to inquire into the matter.

(4) The Chairperson and one other member of the tribunal shall be persons who hold or have held high judicial office.

(5) The tribunal shall inquire into the matter and send a report on the facts of that matter to the President and a copy to the National Assembly.

(6) Where a tribunal appointed under subsection (2) advises the President that the Director-General ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove the Director-General from office.

(7) If the question of removing the Director-General from office has been referred to a tribunal under subsection (2), the President may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the Director-General ought to be removed from office.

18. (1) The Commission may appoint a Deputy Director-General on such terms and conditions as it thinks fit:

Provided that no person shall qualify for appointment as a Deputy Director-General unless he is qualified to be appointed a Judge of the High Court.

(2) If the office of the Director General is vacant or the Director-General is absent from duty or unable for any other reason to perform the functions of his office, the Deputy Director-General shall, save where the Commission otherwise directs, act as Director-General.

(3) If both the Director-General and the Deputy Director-General are absent from duty or unable for any other reason to perform the functions of their office, the Commission shall appoint another person to act as Director-General.

19. (1) The Commission may appoint investigating officers, the Secretary and such other officers of the Commission on such terms and conditions as the Commission may consider necessary to assist the Director-General in the performance of his functions under this Act.

(2) The Director-General may, if he is satisfied that it is in the best interest of the Commission, terminate the appointment of any officer of the Commission and shall assign the reasons therefor, subject to any directions by the Commission.

(3) The Commission may engage the services of such advisors and experts as it thinks necessary.

(4) The Secretary, advisors, experts and other members of staff shall on appointment, take an oath or affirmation as set out in the Second Schedule.

20. (1) For the performance of the Commission’s functions under this Act, the Director-General may-

(a) authorise in writing any officer of the Commission to conduct an inquiry or investigation into alleged or suspected offences under this Act;

(b) require any person in charge of any department, office or establishment of the Government, or the head, chairperson, manager or chief executive officer of any public body, to produce or furnish within such time as may be specified by the Director-General, any document or a certified true copy of any document which is in his possession or under his control and which the Director-General considers necessary for the conduct of investigation into alleged or suspected offences under this Act:

(2) In the performance of his duties under this Act, the Director-General, the Deputy Director-General or an officer, may apply to a judge or a magistrate for a warrant and the judge or the magistrate shall immediately make a decision.

(3) A warrant issued under subsection (2) shall confer on the Director-General, the Deputy Director-General or an officer powers of-

(a) access to all books, records, returns, reports and other documents relating to the work of any Government department, public body or private body;

(b) access at any time to the premises of any Government department, public body or private body, or to any vessel, boat, aircraft or other vehicle whatsoever, and may search such premises or such vessel, boat, aircraft, or other vehicle if he has reason to suspect that any property corruptly acquired has been placed, deposited or concealed therein.

(4) In the exercise of his power to access and search under paragraph (b) of subsection (2), the Director-General, the Deputy Director-General or other officer of the Commission, may use such reasonable force as is necessary and justifiable in the circumstances, and may be accompanied or assisted by such other persons as he considers necessary to assist him to enter into or upon any premises, or upon any vessel, boat, aircraft or other vehicle, as the case may be.

(5) Any person who accompanies or assists the Director-General, the Deputy Director-General or other officer of the Commission to enter into or upon any premises, or upon any vessel, boat, aircraft or other vehicle, as the case may be, shall, during the period of such accompaniment or assistance, enjoy the same immunity as is conferred under section twenty-six upon the Director-General, the Deputy Director-General or other officer of the Commission.

21. (1) The Director-General or any officer of the Commission shall after obtaining a court order have powers to investigate any bank account, share account, purchase account, expense account or any other account, or any safe deposit box in any bank.

(2) An order made under section (1) shall be sufficient for the disclosure or production by any person of all or any information, accounts, documents or articles as may be required by the officer of the Commission so authorised.

22. (1) The Director-General, the Deputy Director-General or any officer of the Commission authorised in that behalf by the Director-General may arrest a person without warrant if he reasonably suspects that such person has committed or is about to commit an offence under this Act.

(2) Where a person has been arrested without warrant under subsection (1) such person may, at any time before appearing, in court, while he is in custody be admitted to bail upon providing surety or sureties sufficient in the opinion of the Director-General, Deputy Director-General or an officer authorised in that behalf by the Director-General to secure his appearance before court or such person may be released upon his own recognisance on such conditions as the officer thinks fit.

(3) A bail bond issued under this section shall be dealt with in accordance with the provisions of the Criminal Procedure Code.

23. The Director-General may issue to an officer of the Commission an identity card which shall be prima facie evidence of the officer’s appointment as such.

24. (1) The Director-General may, by written notice to a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed under this Act, or against whom a prosecution for such offence has been instituted, direct that such person shall not dispose of or otherwise deal with any property specified in such notice without the consent of the Director-General.

(2) A notice issued under subsection (1) may be served by delivering it personally to the person to whom it is addressed or may, where the Director-General is satisfied that such person cannot be found, or is not in the Republic, be served on or brought to the knowledge of, such person in such other manner as the Director-General may direct.

(3) A notice issued under subsection (1) shall have effect from the time of service and shall continue in force for a period of twelve months or until cancelled by the Director-General, whichever is earlier.

(4) Any person who, having been served with, or having knowledge of a notice issued under subsection (1), disposes of or otherwise deals with any property specified in the notice other than in accordance with the consent of the Director-General shall be guilty of an offence, and liable, upon conviction, to imprisonment for a term not exceeding ten years or to a fine not exceeding ten thousand penalty units or to both.

(5) Any person aggrieved by a directive contained in a notice issued under subsection (1) may, at any time, apply to the High Court for an order to reverse or vary such directive.

(6) An application under subsection (5) shall give to the Director-General such notice of the day appointed for the hearing of the application as a Judge of the High Court may order.

(7) On the hearing of an application under subsection (5), the High Court may-

(a) confirm the directive;

(b) reverse the directive and consent to the disposal of or other dealing with any property specified in the notice, subject to such terms and conditions as it thinks fit; or (c) vary the directive as it thinks fit.

25. Section fourteen shall apply with necessary modifications to the staff of the Commission.

26. Section fifteen shall apply with necessary modifications to the Director-General, Deputy Director-General and other staff of the Commission. Immunity of Director-General, Deputy Director-General and other staff

27. Any person who-

(a) gives or causes to be made false testimony or a false report in any material particular to any matter under investigation;

(b) makes or causes to be made to the Commission a false report of the Commission of any offence under this Act;

(c) misleads the Director-General, the Deputy Director-General or other officers of the Commission by giving any false information, statement or accusation;

(d) insults, interrupts, assaults or otherwise obstructs, resists, hinders or delays the Director-General, any Commissioner or any member of staff in the performance of such person’s functions under this Act or in effecting entry into any premises, boat, aircraft or vehicle; or

(e) disobeys any order made under this Act; shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units, or to imprisonment for a term not exceeding ten years or to both.

28. Any person who pretends that-

(a) he is an officer of the Commission or has any of the powers of such officer under this Act, or under any authorization or warrant issued under this Act; or

(b) he is able to procure an officer of the Commission to do or refrain from doing anything in connection with the duties of such officer; shall be guilty of an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding seven years, or to a fine not exceeding seven thousand penalty units or to both.

Part IV Offences, penalties and recovery of gratification

29. (1) Any public officer who, by himself, or by or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any public body is or may be concerned, shall be guilty of an offence. Corrupt practices by or with public officers

(2) Any person who by himself, or by or in conjunction with any other person, corruptly gives, promises or offers any gratification to any public officer, whether for the benefit of that public officer or of any other public officer, as an inducement or reward for doing or forbearing to do, anything in relation to any matter or transaction, actual or proposed, with which any public body is or may be concerned, shall be guilty of an offence.

30. (1) Any public officer who, being concerned with any matter or transaction falling within, or connected with, his jurisdiction, powers, duties or functions, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain for himself or for any other person any gratification in relation to such matter or transaction, shall be guilty of an offence.

(2) Any person who, being concerned with any matter or transaction falling within the scope of authority, or connected with the jurisdiction, powers, duties or functions of any public officer, by himself, or by or in conjunction with any other person, corruptly gives, promises or offers any gratification, whether directly or indirectly, to such public officer either for himself or for any other person, shall be guilty of an offence.

31. (1) Any person who, by himself, or by or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for and having done or forborne to do, any thing in relation to any matter or transaction actual or proposed, with which any private body is or may be concerned, shall be guilty of an offence.

(2) Any person who, by himself, or by or in conjunction with any other person, corruptly gives, promises or offers any gratification to any person, whether for the benefit of that person or of any other person, as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to any matter or transaction, actual or proposed, with which any private body is or may be concerned. shall be guilty of an offence.

32. (1) Any agent who corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to his principal’s affairs or business, or for showing or having shown favour or disfavour to any person in relation to his principal’s affairs or business, shall be guilty of an offence.

(2) Any person who corruptly gives, promises or offers any gratification to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, anything in relation to his principal’s affairs or business, or for showing or having shown favour or disfavour to any person in relation to his principal’s affairs or business, shall be guilty of an offence.

(3) Any person who gives to an agent, or any agent who, with intent to deceive his principal, uses any receipt, account or other document in respect of which the principal is interested or which relates to his principal’s affairs or business and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge or belief is intended to mislead the principal, shall be guilty of an offence.

(4) For the purposes of subsections (1) and (2), the permission of a principal to the soliciting, accepting or obtaining of any gratification by his agent shall constitute a valid defence.

33. (1) Any person who being a member of any public body by himself, or by or in conjunction with any other person, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain, from any person for himself or for any other person, any gratific