UNIT 7

CORRUPTION AND ABUSE OF OFFICE BY PUBLIC OFFICERS

Corruption and abuse of office by public officers refer to the misuse of public power for private benefit. This includes acts such as bribery, embezzlement, nepotism, and influence peddling. It undermines the integrity of public institutions and erodes public trust. In Nigeria, corruption and abuse of office by public officers are addressed under various laws, including the Constitution, the Criminal Code Act, the Corrupt Practices and Other Related Offences Act (ICPC Act), and the Economic and Financial Crimes Commission (Establishment) Act (EFCC Act). See the case of FRN v. Dariye (2018) where Joshua Dariye, a former Governor of Plateau State, was convicted of diverting N1.126 billion from the state’s Ecological Fund and the case of FRN v. Nyame (2018) where Jolly Nyame, a former Governor of Taraba State, was convicted for embezzling N1.64 billion during his tenure. See also the constitution of the federal republic of Nigeria 1999 as amended under section 15(5) which provides that the state shall abolish all corrupt practices and abuse of power and section 308 which provides immunity to certain public officers (President, Vice President, Governors, and Deputy Governors) from prosecution while in office and the criminal code under section 98 which defines the offence of official corruption by public officers and section 104 which deals with the abuse of office by public officers.

CORRUPTION RELATING TO THE ADMINISTRATION OF JUSTICE

Corruption in the administration of justice involves acts that undermine the judicial process, including bribery of judges, court officials, and manipulation of judicial outcomes. It severely impacts the rule of law and public confidence in the justice system. See the case of FRN v. Nganjiwa (2017) where Justice Hyeladzira Nganjiwa was charged with receiving bribes to influence his judicial decisions. See also the criminal code act under section 98B which deals with corruption and bribery in judicial proceedings and section 118 which addresses perjury and the subversion of justice and the administration of criminal justice act (ACJA) 2015 under section 3 which ensures the administration of justice is carried out efficiently, fairly, and without corruption.

CORRUPTION-RELATED OFFENCES UNDER THE CODE OF CONDUCT

The Code of Conduct for Public Officers is enshrined in the Fifth Schedule of the Nigerian Constitution. It outlines ethical standards for public officers to prevent corruption and promote transparency and accountability. See the Fifth Schedule, Part I of the Constitution which contains the Code of Conduct for Public Officers, detailing duties and prohibitions and the Code of Conduct Bureau and Tribunal Act which establishes the Bureau and Tribunal to enforce the Code of Conduct under paragraph 9 that prohibits public officers from accepting bribes or other forms of corruption and paragraph 11 which requires public officers to declare their assets. See also the case of FRN v. Saraki (2015) where Senate President Bukola Saraki was charged with false declaration of assets and other breaches of the Code of Conduct.

OFFENCES OF CORRUPTION UNDER THE ICPC ACT

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) is tasked with the prevention and prosecution of corruption in Nigeria. The ICPC Act outlines various offences and penalties for corrupt practices. See the case of FRN v. Cecilia Ibru (2010) where the former Managing Director of Oceanic Bank was convicted under the ICPC Act for financial misappropriation and corruption and the ICPC act 2000 under section 8, 19 and 25 which talks about the offence of accepting gratification, the corrupt offers to public officers and the duty to report bribery transactions respectively.

OFFENCES OF CORRUPTION UNDER THE EFCC ACT

The Economic and Financial Crimes Commission (EFCC) is responsible for investigating and prosecuting economic and financial crimes, including corruption. The EFCC Act provides the legal basis for its operations under section 1 which establishes the EFCC and outlines its duties, section 17 which deals with offences of money laundering related to corruption and section 18 which criminalizes the concealment, transfer, or retention of proceeds from corruption. See the case of FRN v. Diezani Alison-Madueke (2015) where the former Minister of Petroleum Resources was charged with money laundering and corruption involving millions of dollars and the case of FRN v. Orji Uzor Kalu (2019): The former Governor of Abia State was convicted for embezzling N7.65 billion.

CONCLUSION

Corruption and abuse of office by public officers in Nigeria are serious offences with significant legal repercussions. The legal framework, including the Constitution, Criminal Code Act, ICPC Act, and EFCC Act, provides mechanisms for addressing and penalizing such offences. Effective enforcement of these laws and the prosecution of offenders are crucial for promoting transparency, accountability, and integrity in public office.