According to the Criminal Code Act, CAP C38, Laws of the Federation of Nigeria 2004, a “public official” means any person employed in the public
service or any judicial officer who may be a member of a customary court; juvenile
court; an arbitrator, umpire or referee; a person called upon to serve as an
assessor in any civil or criminal proceedings; a jury; a member of a tribunal
of inquiry constituted under the Tribunals of Inquiry Act; and any person
before whom, under any law in force in Nigeria or any part thereof, there may
be held proceedings in which evidence may be taken on oath.
service or any judicial officer who may be a member of a customary court; juvenile
court; an arbitrator, umpire or referee; a person called upon to serve as an
assessor in any civil or criminal proceedings; a jury; a member of a tribunal
of inquiry constituted under the Tribunals of Inquiry Act; and any person
before whom, under any law in force in Nigeria or any part thereof, there may
be held proceedings in which evidence may be taken on oath.
The Criminal Code in Section 98 defines official corruption by public
officers to mean acts where a public official invites bribes, etc., on account
officers to mean acts where a public official invites bribes, etc., on account
of own actions either by
– corruptly asking for, receiving or obtaining any property or benefit
of any kind for himself or any other person; it could also be that he corruptly
agrees or attempts to receive or obtain any property or benefit of any kind for
himself or any other person, on account of anything already done or omitted, or
any favour or disfavour already shown to any person, by himself in the
discharge of his official duties. Such public official is guilty of the felony
of official corruption and is liable to imprisonment for seven years.
It is also an offence for person
on behalf of a public official to agree to commit the above stated acts and it’s
no defence in court that the act was never carried out or never intended to be
carried out. If particularly, a police officer or other public official whose
duties involve – the act to arrest, detention or prosecution of any person for
an alleged offence; or the investigation of an alleged offence, when prosecuting
the official in court, it makes no difference if the officer actually believed
that the offence he was arresting or failing to arrest someone over had been
committed.
on behalf of a public official to agree to commit the above stated acts and it’s
no defence in court that the act was never carried out or never intended to be
carried out. If particularly, a police officer or other public official whose
duties involve – the act to arrest, detention or prosecution of any person for
an alleged offence; or the investigation of an alleged offence, when prosecuting
the official in court, it makes no difference if the officer actually believed
that the offence he was arresting or failing to arrest someone over had been
committed.
Under Section 98A, any person who
‐ corruptly gives, confers or procures any property or benefit of any kind to,
on or for a public official or to any
other person; or corruptly promises to do so is also guilty of the felony of
official corruption and is liable to imprisonment for seven years. The provision
of this law also applies to instances when such person is seeking to procure a
government license or contract from the public official. However, no
proceedings shall be brought against a judicial officer except on a complaint
or information signed by or on behalf of the Attorney ‐ General of the
Federation or by or on behalf of the Attorney‐General of the State in which the
offence is alleged to have been committed.
‐ corruptly gives, confers or procures any property or benefit of any kind to,
on or for a public official or to any
other person; or corruptly promises to do so is also guilty of the felony of
official corruption and is liable to imprisonment for seven years. The provision
of this law also applies to instances when such person is seeking to procure a
government license or contract from the public official. However, no
proceedings shall be brought against a judicial officer except on a complaint
or information signed by or on behalf of the Attorney ‐ General of the
Federation or by or on behalf of the Attorney‐General of the State in which the
offence is alleged to have been committed.
Section 99 also prohibits Extortion by public officers and any
person who, being employed in the public service, takes, or accepts from any
person, for the performance of his duty as such officer, any reward beyond his
proper pay and emoluments, or any promise of such reward, is guilty of a felony
and is liable to imprisonment for three years. When public officers also give
government contracts to companies that they have direct or indirect stake in
except where such company is a joint stock company with more than 20 members, he
shall be guilty of a felony and is liable to imprisonment for three years and
to be fined at the discretion of the court. The offender cannot be arrested
without warrant.
person who, being employed in the public service, takes, or accepts from any
person, for the performance of his duty as such officer, any reward beyond his
proper pay and emoluments, or any promise of such reward, is guilty of a felony
and is liable to imprisonment for three years. When public officers also give
government contracts to companies that they have direct or indirect stake in
except where such company is a joint stock company with more than 20 members, he
shall be guilty of a felony and is liable to imprisonment for three years and
to be fined at the discretion of the court. The offender cannot be arrested
without warrant.
Public officers according to
Section 103 who make false claims in other seek compensation are guilty of a
felony and liable to imprisonment for three years. By virtue of Section 104 any person who, being
employed in the public service, does or directs to be done in abuse of the authority
of his office, any arbitrary act prejudicial to the rights of another, is
guilty of a misdemeanour and is liable to imprisonment for two years. If the
act is done or directed to be done for purposes of gain he is guilty of a
felony, and is liable to imprisonment for three years. The offender cannot be
arrested without warrant.
Section 103 who make false claims in other seek compensation are guilty of a
felony and liable to imprisonment for three years. By virtue of Section 104 any person who, being
employed in the public service, does or directs to be done in abuse of the authority
of his office, any arbitrary act prejudicial to the rights of another, is
guilty of a misdemeanour and is liable to imprisonment for two years. If the
act is done or directed to be done for purposes of gain he is guilty of a
felony, and is liable to imprisonment for three years. The offender cannot be
arrested without warrant.
Impersonating a public official
is a felony and is liable to imprisonment for three years. Where a person falsely
personates a member of the armed forces of Nigeria, such person is guilty of a
misdemeanour and is liable to imprisonment for one year. Any person who also fraudulently
sells such clothing belonging to members of the armed forces shall also be guilty
of the offence.
is a felony and is liable to imprisonment for three years. Where a person falsely
personates a member of the armed forces of Nigeria, such person is guilty of a
misdemeanour and is liable to imprisonment for one year. Any person who also fraudulently
sells such clothing belonging to members of the armed forces shall also be guilty
of the offence.
Adedunmade Onibokun
@adedunmade