Act No 5. Laws of the Federation of Nigeria. An Act to prohibit and prescribe punishment for corrupt practices and other related offences. 13th day of June. The act seeks to prohibit and prescribe punishment for corrupt practices and other related offences. It establishes an Independent Corrupt Practices and Other . Applica on of provisions of this Act to any prescribed offence. General This Act may be cited as Corrupt prac ces and other Related offences Act and.
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ICPC has initiated a number of interventions in the education Other Related Offences Act allows. ICPC to: ✓ study practices, systems or. The ICPC Act brought a fresh and decisive perspective to the fight against corruption in the literature/biosworisbeca.ga Michelsen. the companies and Allied Matters Act or created under the authority of any law in. Nigeria;. "Corruption" includes bribery, fraud and other related offences;.
However, the initial nerve to fight corruption soon waned and the administration was eventually swallowed by allegations of corrupt practices against members of the cabinet and top functionaries of that administration. For instance, on July 8 , one Mr.
Dabo Adzuana, accused the Federal Commissioner for Information of corruptly enriching himself. In a 12 point affidavit sworn to at the Lagos state High Court, Chief Dabo revealed graphically, some evidence of abuse of office and corrupt enrichment against the Federal Commissioner Similarly, another affidavit deposed to by a business man Mr.
Gomwalk of corruptly enriching himself and members of his family. Aku specifically alleged that the Governor awarded contracts in excess of N5. These were the circumstances that led to the intervention of General Murtala Muhammed in July, In , he set up a three man Panel of enquiry to investigate the assets of some military officers in the Gowon administration who allegedly abused their offices to acquire such assets.
The panel investigated and found that some of those officers corruptly enriched themselves and the assets were forfeited. This commenced with the indictment and eventual retirement of all the ex military Governors found guilty of corruption The great purge eventually spread through the entire public service including the police, judiciary and customs where many people who were alleged to be corrupt or inept lost their jobs.
The Constitution provided for a Code of Conduct for Public Officers which has survived all constitutional transitions.
It was this administration that also established the Code of Conduct Bureau and the Code of Conduct Tribunal nine months after assuming leadership, in fulfilment of the provisions of the constitution. This was however, not to be as most ministers under this administration either failed or neglected to do so The tribunal however found no truth in the allegations even though it noticed some lapses in the NNPC accounts.
It is noteworthy that these measures were largely ineffective as corruption soared under this administration leading to its eventual overthrow in The administration left no one in doubt about its determination to rid the country of the evil. Many public officers were arrested, tried by special military tribunals and either retired or imprisoned or both, while some of them forfeited ill gotten wealth and assets to the state. The War Against Indiscipline WAI was launched and prosecuted with brute tenacity thereby leading to the undermining of the rule of law and human rights.
While the intention of ridding the nation of corruption was applauded, the modus operandi was fundamentally totalitarian. However, public officers who were hitherto convicted of corruption were not only released and pardoned; their assets which were forfeited were returned to them.
A face saving measure was however taken against corruption by the setting up of a National Committee on Corruption and Other Economic Crimes in Nigeria to among others — i Identify causes and extent of corruption in the country ii Examine deficiencies in the existing legislation on corruption and other economic crimes; and iii Suggest remedies which would lead to the curbing of the incidences of corruption including suggested improvements to the existing legislation.
The Committee which comprised of experts from various disciplines embarked on research trips both at home and abroad and eventually presented the Head of State with a draft Corrupt Practices and Economic Crimes Decree. The Committee also recommended — a the establishment of an Independent Commission against Corruption; b Private investigation of corrupt practices; and c Establishment of Corrupt Practices Courts. It is however, regrettable to state that this laudable effort which was accompanied with huge expense did not see the light of day, as the draft Decree was never implemented.
Corruption therefore became widespread and many have asserted that this administration institutionalized corruption This draft was circulated in all states for imputs which were made but the Decree was never promulgated. The Failed Bank Decree was promulgated to fight the incidence of fraud among bank officials. The Decree established a Failed Banks Tribunal which tried and convicted many bank officials.
Despite all these, subsequent revelations about gross acts of corruption among officials of that administration, including the head of state and his family revealed that the administration had no genuine intention of fighting corruption. This sentiment pervaded most addresses presented by President Obasanjo during his eight year tenure.
In order to match his words with action, the first bill presented by Mr. President to the National Assembly was the Corrupt Practices and Other Related Offences Bill which was eventually passed into law and assented to in The Act established the Independent Corrupt Practices Commission and gave it enormous powers to combat corruption. Some policy strategies were also adopted to curb corruption under the administration.
Similarly, the Extractive Industry Transparency Initiative EITI was also adopted by Nigeria to subject the oil and gas sectors of the economy to openness, transparency and accountability. Despite these efforts, the anti-corruption strides of President Obasanjo were viewed as vindictive, and strategies to witch-hunt political enemies and force regime loyalty27 From the analysis of various anti corruption strategies adopted by successive administration shown above, it is obvious that the strategies were more or less ad hoc policy strategies that were not institutionalized for purposes of continuity.
Recently, the Supreme Court affirmed the prosecutorial powers of the Police at Superior Courts of record The Consequence of this is that the Police are lawfully authorized to arrest, investigate and prosecute anybody on charges of corruption. It derives its powers from the Constitution.
The Code of Conduct is circumscribed under sections of Part 1 of the 5th schedule to the Constitution, while Sections of part 1 of the same Schedule provides for the establishment of the Code of Conduct Tribunal and its powers. By virtue of Section 12, part 1 of the said Schedule - Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.
In practice, the bureau then transmits such allegation or petition to the Code of Conduct Tribunal for trial or prosecution. Section 18, Part 1 of the Fifth schedule provides that — Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code, it shall impose upon that officer any of the punishments specified under sub- paragraph 2 of this paragraph and such other punishment as may be prescribed by the National Assembly.
In view of the above, it is crystal clear that the Code of Conduct Tribunal too has the power to prosecute public officers on charges of corruption. Curiously, sub-paragraph 3 of section 18 of the said schedule provides that the sanctions mentioned above shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence. Similarly, sub-paragraph 6 of Section 18 of the said schedule also provides that — Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law.
The combined effect of these provisions is that, the police, Attorney General of the Federation or state, customs, EFCC and ICPC could prosecute a public officer in respect of conducts for which he may have been sanctioned by the Code of Conduct Tribunal.
This is a stack contradiction to the provision of Section 36 9 of the same CFRN which says: No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.
These inherent contradictions must be reviewed. Subsection 6 1 extends the judicial powers of the courts to - All matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of an question as to the civil rights and obligations of that person. In addition, section 36 5 of the CFRN provides that — Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.
The combined effect of these provisions is that the appropriate courts have the powers to try persons of allegations or charges of corruption and until such is done, no person should be made to suffer any detriment in respect of such allegation.
Section 6 of the Act confers on it the general duties of receiving, investigating and prosecuting persons who violate its provisions. The Act is however not without some contradictory provisions. Every prosecution for an offence under this Act or any other law prohibiting bribery, corruption, fraud or any other related offence shall be deemed to be initiated by the Attorney General.
This implies that any prosecution arising from the investigation of a person for corruption must be initiated by the Attorney General or any of his delegates or if the ICPC must initiate such prosecution, it must be with the express consent of the Attorney General.
Another area of overlap is inherent in section 69 of the Act which provides that — Nothing contained in this Act shall derogate from the powers of a police officer to investigate any offence under this Act or to prosecute any person in respect of any such office provided that the police shall bring to the attention of the Commission every case of bribery, corruption or fraud being investigated or prosecuted by them after the coming into force of this Act.
This section confirms the investigative and prosecutorial powers of the Police save that they must bring such cases to the notice of the ICPC.
Section 43 confers on the Attorney General of the Federation powers to make rules or regulations with respect to the exercise of any of the duties, functions or powers of the commission under the Act. A careful study of the Act reveals that the Commission is empowered to investigate, prevent and detect, arrest and prosecute persons alleged to have indulged in corrupt practices and most importantly, coordinate the activities of other agencies charged with the responsibility of fighting corruption and economic crime.
While this paper argues that coordination is the best strategy for overcoming the obvious bottlenecks and conflicts inherent in the multiple anti graft agencies, it is intriguing to note that the EFCC Act has conferred the responsibility of coordination on the Commission created under it.
This situation surely creates a constitutional conflict since it is argued that the AGF rather than the EFCC has the constitutional right of coordinating all prosecutions. This is evident in the following provisions: Section 6 c provides for … the coordination and enforcement of all economic and financial crimes laws and enforcement functions conferred on any other person or authority.
Accordingly, these provisions have made the EFCC the coordinating body for all agencies involved in anti- corruption; the other agencies especially the Attorney General of the Federation AGF has however refused to concede to this, thus the present debacle over which Agency should coordinate these activities.
Institute and undertake criminal proceedings against any person before any court of law in Nigeria … in respect of any offence created by or under any Act of the National Assembly; b. To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. In view of the supremacy of the Constitution over any written law, the Attorney General has the exclusive right to initiate, continue or discontinue any criminal proceedings Any exercise of this constitutional power in respect of proceedings initiated by the EFCC may create public outcry, yet that will be valid and constitutional.
To complicate matters, the AGF has constitutional powers to initiate, continue or terminate any criminal proceedings before any court in Nigeria.
The Code of Conduct Tribunal can also prosecute public offenders for corrupt practices.
Whereas, the ICPC has conceded the power to initiate prosecution of offenders under it enabling law to the AGF, the EFCC Act has not only failed to do that, but conferred upon itself the role of coordinating the other agencies charged with similar functions.
Secondly, the overbearing attitude of operatives of the EFCC and reckless disregard to judicial procedures in the arrest, search and declaration of persons as corrupt was an affront to the judiciary.
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Independent Corrupt Practices Commission
The ICPC holds a repository of archive and research information related to its purpose. As for any library, its intention is to retain that information in perpetuity. Policy Review To ensure continued compliance, at review dates the data controller and data processors will visit and complete the questionnaires at ico.This has become a subject of intense debate among Nigerians and major government institutions.
Gender dimensions of alcohol-related consumption and alcohol-related problems in Latin America and the Carribean World Bank Discussion Paper no. In the first three years of its existence, the ICPC received a total of petitions. The gravity of corruption in the corporate domain and its deleterious consequences on national development is therefore, often overlooked in the circumstances. How to cite this article. New York: While agreeing with Senator akinyede, he said that even though the agencies perform interwoven functions, their core functions are different.
This has exacerbated public debate on the need or otherwise for the integration of the litany of anti corruption agencies or institutions.