TerraLex Guide to Anticorruption Legislation

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The list: - The Constitution of the Federal Republic of Nigeria, 1999 [as amended]

• The Economic and Financial Crime Commission Act, 2004
• The Corrupt Practices and Other Related Offences Act, 2000
• The Money Laundering [Prohibition] Act, 2012
• Criminal Code, Law of the Federal Republic of Nigeria, 2004
• The United Nations International Convention against Corruption that was signed on the 9th of December 2003 and ratified on the 14th of December 2004
• The African Union Anti-Corruption Convention. Signed on the 16th of December 2003 and ratified the 26th of September, 2006

The list: - The Constitution of the Federal Republic of Nigeria, 1999 [as amended] – The fifth schedule under section 6 of the Code of Conduct for Public Officers prohibits public officers from accepting property or benefits of any kind for personal use or use of any other person on account of anything done or omitted to be done by themselves in the discharge of their duties.

• The Economic and Financial Crime Commission Act, 2004 prohibits all forms of financial crimes related to illegally gaining wealth.
• The Corrupt Practices and Other Related Offences Act, 2000 prohibits all forms of corrupt practices and bribery in private business transactions and interpersonal relationships between persons.
• The Criminal Code, LFN, 2004 prohibits public officials from inviting bribes and other forms of corrupt practices. By virtue of section 98, public officials are prohibited from receiving or obtaining any property or benefits of any kind for themselves or any other person.
• The Money Laundering [Prohibition] Act 2012 prohibits individuals and corporate bodies from laundering money.

Yes, only to the extent that section 61[2] of the Corrupt Practices and Other Related Offences Act extends acts of bribery not only to public officials but also to any other person, which can be interpreted to mean that foreign government officials are liable to be prosecuted by the appropriate authority.

Yes.

No, to the extent that any form of gift to public officers while carrying out his/her duties is strictly prohibited as can be gleaned from the Fifth Schedule of the Constitution of the Federal Republic of Nigeria on the Code of Conduct for Public Officers.

Yes. In section 7 of the Criminal Code establishes that parties to a crime include accessories before the fact, accessories to the fact and accessories after the fact.

Yes. However, there are conditions to be fulfilled.

Yes. In section 15 of the Money Laundering [Prohibition] Act, any person who has been described, including a director of a company, may face imprisonment for breach of the provisions of any of the anti-corruption legislation. The doctrine of lifting the veil also applies within jurisdiction.

The sanctions for any such breach are usually forfeitures, damages, fines, and imprisonment. Section 15[2] of the Money Laundering Act shows clearly that any breach may result in imprisonment for a term of no less than 15 years or more than 25 and a fine of no less than two hundred and fifty thousand naira or more than one million nairas. In some circumstances, the court may order the penalty of both fine and imprisonment.