OFFENCES OF CORRUPTION: CORRUPTION AND ABUSE OF OFFICE BY POLICE OFFICERS

TOPIC OF THE DAY

- OFFICIAL CORRUPTION AND ABUSE OF OFFICE

- BRIBERY

- EXTORTION BY PUBLIC OFFICERS

- ABUSE OF OFFICE

Official Corruption and Abuse of Office

Official corruption refers to the unlawful acts committed by public officials for personal gain or advantage. Abuse of office occurs when a public official uses their position of authority to engage in acts that are illegal, unethical, or that violate the trust of the public. See sections 98 - 116 of the Criminal Code Act which deals with various forms of official corruption, including bribery, extortion, and other misconduct by public officers and Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2000 which is the ICPC Act which is designed to prohibit and prescribe punishment for corrupt practices and other related offences. It established the ICPC to investigate and prosecute cases of corruption and also the Economic and Financial Crimes Commission (EFCC) Act 2004 which is the EFCC Act that established the EFCC, which is responsible for investigating and prosecuting economic and financial crimes, including corruption. See the cases of FRN v. Joshua Dariye where Joshua Dariye, a former governor of Plateau State, was convicted of diverting N1.162 billion of public funds. He was sentenced to 14 years in prison, demonstrating the judicial system's commitment to fighting official corruption and the case FRN v. Orji Uzor Kalu where Orji Uzor Kalu, a former governor of Abia State, was convicted of embezzling N7.65 billion. This case underscores the seriousness of corruption charges and the lengthy legal processes involved.

Bribery

Bribery involves the offering, giving, receiving, or soliciting of something of value to influence the actions of an official in the discharge of their public or legal duties. See section 98 of the Criminal Code Act which specifically addresses the offence of bribery, defining it as offering any undue reward to a public official to influence their conduct and Sections 8 - 26 of the ICPC Act which also provides detailed prohibitions against various forms of bribery and outline the penalties for offenders. See the cases of FRN v. Lucky Igbinedion where Lucky Igbinedion, a former governor of Edo State, faced charges of money laundering and bribery. Although he initially faced a lenient sentence, his case highlighted the pervasive issue of bribery among high-ranking officials and the case of FRN v. Olisa Metuh where Olisa Metuh, the former National Publicity Secretary of the People's Democratic Party (PDP), was convicted of receiving N400 million from the National Security Adviser to influence the 2015 elections.

Extortion by Public Officers

Extortion by public officers occurs when an official unlawfully obtains money, property, or services from a person through coercion or threats. See section 404 of the Criminal Code Act which criminalizes extortion by public officers, defining it as obtaining something of value through threats or misuse of authority and the ICPC Act which covers extortion under its broad provisions against corrupt practices. See the cases of FRN v. Abdulrasheed Maina where Abdulrasheed Maina, the former Chairman of the Pension Reform Task Team, was charged with embezzling pension funds and extorting money from pensioners and the case of FRN v. Mohammed Dabo where Mohammed Dabo, a customs officer, was charged with extorting money from importers, demonstrating the issue of extortion within customs and border control services.

Abuse of Office

Abuse of office occurs when a public official uses their position to commit acts that are unlawful or to gain an undue advantage. This often includes acts of nepotism, favoritism, and misuse of public resources. See section 104 of the Criminal Code Act which provides for the abuse of office by public officials, criminalizing acts that are performed with the intent to gain an undue advantage or cause harm and section 19 of the ICPC Act which specifically addresses abuse of office, prescribing penalties for public officials who use their position to confer an undue advantage on themselves or others. See the cases of FRN v. Diezani Alison-Madueke where Diezani Alison-Madueke, a former Minister of Petroleum Resources, was accused of using her office to award lucrative contracts in exchange for bribes and misappropriating funds and the case of FRN v. Abdulmumin Jibrin where Abdulmumin Jibrin, a former member of the House of Representatives, was suspended for exposing budget padding and alleged abuse of office by other legislators.