OFFENCES OF CORRUPTION: OFFENCES OF CORRUPTION UNDER ICPC AND EFCC ACTS

TOPIC OF THE DAY

- OFFENCES OF CORRUPTION UNDER ICPC ACT WITH KEY SECTIONS

- OFFENCES OF CORRUPTION UNDER EFCC ACT WITH KEY SECTIONS

- OFFENCES AIMED AT CORRUPTION UNDER MONEY LAUNDERING ACT WITH KEY SECTIONS

- THE PUBLIC COMPLAINTS COMMISSION WITH KEY FUNCTIONS AND SECTIONS

Offences of Corruption under the ICPC Act

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act of 2000 is a Nigerian law aimed at prohibiting and prescribing punishment for corrupt practices and other related offenses. See the case of FRN v. Sunday Ehindero & Others (2019) where the former Inspector General of Police, Sunday Ehindero, was charged under the ICPC Act for misappropriating police funds. He was found guilty and sentenced to three years in prison.

Key Sections of the Offences of Corruption under the ICPC Act

1. Gratification by an Official under section 8 provides that It is an offense for any public officer to corruptly ask for, receive, or obtain any property or benefit of any kind for themselves or others, in return for performing or failing to perform their duties and conviction can lead to imprisonment for up to seven years.

2. Corrupt Offers to Public Officers under section 10 provides that it an offense to corruptly give, promise, or offer any property or benefit to any public officer to influence their actions or decision and it can lead to imprisonment for up to seven years upon conviction.

3. Corrupt Acquisition of Wealth under section 19 provides that any public officer who, through corruption or abuse of power, acquires assets beyond their legitimate means is guilty of an offense and this can lead to forfeiture of assets and imprisonment for up to seven years.

4. False or Misleading Statements under section 26 provides that it is an offense to knowingly provide false or misleading information to the Commission during investigations and it can lead to imprisonment for up to seven years.

Offences of Corruption under the EFCC Act

The Economic and Financial Crimes Commission (EFCC) Act of 2004 establishes the EFCC and outlines various corruption and financial crimes. The EFCC Act complements the ICPC Act by focusing on economic and financial crimes. See the case of EFCC v. Orji Uzor Kalu (2019) where the former governor of Abia State, Orji Uzor Kalu, was convicted under the EFCC Act for N7.65 billion fraud. He was sentenced to 12 years in prison.

Key Sections of the Offences of Corruption under the EFCC Act

1. Retention of Proceeds of a Criminal Conduct under section 17 provides that it is an offense to retain control of the proceeds from a criminal conduct and conviction can result in imprisonment for a term not less than five years and not more than ten years.

2. Economic and Financial Crimes under section 18 provides that engaging in economic and financial crimes, including bribery, fraud, and money laundering can lead to imprisonment for varying terms depending on the nature of the crime.

3. Offenses Relating to Financial Malpractices under section 32 provides that it is an offense to engage in financial malpractices in banks and other financial institutions and it can lead to imprisonment for up to ten years upon conviction.

Offences Aimed at Corruption under the Money Laundering Act

The Money Laundering (Prohibition) Act of 2011 is designed to combat money laundering and prevent the laundering of the proceeds of crime. This act is crucial in tackling corruption by targeting the financial mechanisms that facilitate corrupt practices. See the case of EFCC v. Fani-Kayode (2016) where the former Minister of Aviation, Femi Fani-Kayode, was charged with money laundering offenses under the Money Laundering Act. The case involved the laundering of over N4 billion.

Key Sections of the Offences Aimed at Corruption under the Money Laundering Act

1. Limitations on Cash Payments under section 2 provides that it is an offense to make or accept cash payments above the prescribed limit (N5 million for individuals and N10 million for corporate bodies) without going through a financial institution and conviction can result in imprisonment for up to five years.

2. Money Laundering Offenses under section 15 provides that engaging in the laundering of funds obtained through illegal means, including corruption can lead to imprisonment for not less than seven years and not more than fourteen years.

3. Failure to Report International Transfers under section 16 provides that it is an offense to fail to report any international transfer of funds exceeding the prescribed limit to the appropriate authorities and conviction can result in imprisonment for up to five years.

The Public Complaints Commission

The Public Complaints Commission (PCC), established under the Public Complaints Commission Act of 1975, is an ombudsman institution in Nigeria responsible for addressing complaints from the public against administrative injustice by public authorities. See the case of PCC v. National Youth Service Corps (NYSC) (2015) where the PCC intervened in a case where several corps members complained about the non-payment of allowances by the NYSC. The Commission's investigation led to the rectification of the issue and payment of the outstanding allowances.

Key Functions of The Public Complaints Commission

1. Investigation of Complaints: The PCC has the mandate to investigate complaints lodged by the public regarding maladministration, abuse of office, and corruption in the public sector.

2. Mediation and Conciliation: The Commission also facilitates mediation and conciliation between aggrieved parties and public authorities to resolve disputes amicably.

3. Recommendations for Redress: After investigations, the PCC can recommend corrective actions to rectify any administrative injustices uncovered.

Key Sections of The Public Complaints Commission

1. Powers of Investigation under section 5 provides that the PCC has the authority to summon any person or authority to provide evidence or documentation relevant to an investigation.

2. Confidentiality under section 7 provides that the Commission is required to keep the identities of complainants confidential to protect them from retaliation.