NOTES ON THE OFFENCE OF CORRUPTION
Corruption is the bane of the Nigerian society. It is the chief culprit responsible for a host of
Nigeria’s economic woes, underdevelopment, unemployment, absence of basic amenities etc.
corruption involves the act of doing something with the intent to give some advantage,
inconsistent with official duty and the rights of others. It involves a fiduciary or official use of a
station or office to procure some benefit either personally or for someone else, contrary to the
rights of others.
Corruption, like other social concepts, is difficult to define. No one definition may end all
definitions as scholars are incapable of agreeing to a singular definition with empirical
precision.1 The Black’s Law Dictionary defines corruption as: “Depravity, perversion, or taint;
an impairment of integrity, virtue, or moral principle, especially, the impairment of a public
official’s duties by bribery”2 It has also been explained as the perversion of integrity or state of
affairs through bribery, favour or moral depravity.3
Corruption in its manifestations is wide enough to cover private, non-governmental
matters.4 Thus, acts not expressly prohibited by law but which certainly fail the test of morality
may qualify as corruption. To this end, Ogbu posits that corruption may involve an exercise of
power neither expressly nor implicitly granted.5
Unfortunately, reference to statutes has been unhelpful in the search for an all-embracing
definition of corruption. The Nigerian Criminal Code, the Nigerian Penel Code and the Corrupt
Practices and Other Related Offences Act have not provided salutary definition of corruption. 6
Section 2 of the Corrupt Practices and Other Related Offences Act defines corruption to include
bribery, fraud, and other related offences.7 The Criminal Code used the word ‘corruptly’ but did
not, with certainty, define the word ‘corruptly’ which is the ‘controlling’ word in the entire
section on corruption.
1
T Osipitan and O Oyewo, ‘Legal and Institutional Framework for Combating Corruption in E O Akanki (ed),
Unilag Readings in Law (Faculty of Law, University of Lagos 1999) 258.
2
B A Garner (ed), Black’s Law Dictionary (8th edn: Thomson West 2004) 371.
3
O Otite, ‘The Sociological Study of Corruption in Nigeria’ in F Adekunle (ed), Nigeria, Corruption in
Development (Ibadan University Press 1982) 2.
4
Ogbu (n 1) 101.
5
Ibid
6
See sections 98, 98(a) and 98(b) of Criminal Code Act Cap C 38 Laws of the Federation of Nigeria (LFN) 2004;
section 115 – 122 of the Penal Code (Northern States) Federal Provisions Act Cap P3 LFN 2004; and section 2
of the Corrupt Practices and Other Related Offences Act No. 5 (2000). (CPROA).
7
CPROA,ibid.
1
COMMON CAUSES AND CHALLENGES OF CORRUPTION IN NIGERIA
CAUSES
- Bad leadership
- Underdevelopment and poverty
- Poor remuneration
- Moral decadence
- Lack of political will
- Lack of competent police force
- Poor funding of anti-corruption agencies
CHALLENGES
- Executive immunity under Section 308 CFRN (AG’s power of Nolle Prosequi)
- Poor access to information
- Abuse of office/lack of political will
- Conflict of interest among anti-corruption agencies
- Weak and overburdened judiciary
- Plea bargaining under Section 270 – 277 ACJA and Section 14(2) EFCC Act
CONVENTIONAL ANTI-CORRUPTION LAWS IN NIGERIA
The under listed are some of the anti-corruption legislations in Nigeria:
i. The 1999 Constitution of the FRN
ii. The Criminal Code (Penal Code)
iii. The Recovery of Public Property (Special Military Tribunal) Act, Cap.R.4, LFN,
2004
iv. The Code of Conduct Bureau and Tribunal Act, Cap.C 15, LFN, 2004
v. The Independent Corrupt Practices and other Related Offences (ICPC) Act, 2000,
Cap. C31, LFN 2004
vi. The Economic and Financial Crimes Commission (Establishment) Act, 2004
vii. The Money Laundering Act Cap. M18, LFN 2004
viii. The Advance Fee Fraud and other Related Offences Act
ix. The Public Complaints Commission Act etc
THE OFFENCE OF CORRUPTION UNDER THE CRIMINAL CODE
2
The offence of corruption under the Criminal Code can broadly be categorised as being either “official corruption” or
“judicial corruption”. Official corruption are those committed in relation to a public office while judicial corruption pertains
to those committed in relation to judicial office. Under official corruption, there is the offence of bribery and also that of
extortion. in the offence of extortion, the public officer uses his office to wrongfully collect money and the person giving
same is usually the victim while in the case of bribery, the payer is usually a party to the offence and an accomplice.
Section 98 of the CC provides for the offence of Official Corruption.
Section 98(1) relates to the receiving of bribe by the public officer
Section 98(2) relates to the giving of bribe to a public officer
Elements of the Offence of Bribe
The guilty act is made up of corruptly asking, receiving, or obtain, agrees or attempts to receive or obtain
i.
the bribe. (Mere request is enough )
The act must be done “corruptly”; corruptly is not the same as improperly see Biobaku v. Police
ii.
There must be some benefit/favour demanded or received, for inducing officer to do or refrain from
iii.
doing something
Must be a public officer as defined under Section 1 CC
iv.
see Onyekwere v.The State [1973] NSCC 250 here, a police constable was charged with official corruption contrary to
Section 98(1) and 116 CC for demanding money with menace. The Supreme Court held that the charge cannot be
sustained because the accused was not shown to be in charge of the police station.
See also the case of Azie v. The State (1973) NSCC 162 Here, a medical officer demanded and received bribe before offering
medical treatment. He was convicted at the High Court, but on further appeal to the Supreme Court, the appeal was allowed
on the grounds that the accused was the facts disclosed that the accused was charged under a wrong section of the CC. see
also Biobaku v. The State
Extortion (Section 99)
3
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 emolumnets, or anuy promise of such reward, is
guilty of a felony, and is liable to imprisonment for three
years.
To establish this offence, it must be shown that:
i. The accused is a public servant
ii. He had a duty to perform
iii. The reward received does not form a part of his lawful
emoluments
See Esan v. The State (1976) NSCC 673 S.C. which involved a
medical officer who received monetary gratification before treating
a patient. His conviction was upheld by the Supreme Court.
See also Section 100 which pertains to public officers receiving
property to show favour; see Ogbewe v IGP (1958) NSCC 65.
Judidcial Corruption (Section 114)
Any person who -
(1) Being a judicial officer, corruptly asks, receives, or obtains, or
agrees or attempts to receive, or obtains, any property or benefit
of any kind for himself or any other person on account of anything
already done or omitted to be done, or to be afterwards done or
omitted to be done, by him in his judicial capacity; or
(2) Corruptly gives, confers, or procures, or promises or offers to give
or confer, or to procure or attempt to procure to upon or for, any
judicial office, or to upon or for any other person, any property, or
4
benefit of any kind on account of any such act or omission on the
part of such judicial officer,
is guilty of a felony, and is liable to imprisonment for fourteen
years
the officer cannot be arrested without a warrant
the term “”
OTHER ASPECTS OF CORRUPTION IN NIGERIA
- The Code of Conduct Bureau and the Code of Conduct Tribunal
- Corruption in the judiciary
- Prosecution of the Offence of Corruption by the EFCC and the
ICPC
