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    • THE Firm
    • Criminal
      • Bribery & Corruption
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      • Armed Robbery
      • Drug Trafficking
      • Kidnapping
      • Rape
      • Cultism
      • Riot
      • Forgery
      • Cyber-Related Crimes
    • Corporate
      • Corporate Financing
      • Start-Up Funding
      • Debt Recovery
      • Joint Venture
      • PPP Agreements
      • Mergers and Acquisitions
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      • Copyrights
      • Patents
      • Trademarks
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BRIBERY AND CORRUPTION

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Bribery and Corruption is criminalized in Nigeria by Section 98 of the Criminal Code Act.

If in any proceedings for an offence under this section of this Code it is proved that any property or benefit of any kind, or any promise thereof, was given to a public official, or to some other person at the instance of a public official, by a person-

Holding, or seeking to obtain, a contract, licence or permit from a government department, public body or other organization or institution in which that  public official is serving as such; or

Concerned or likely to be concerned ,in any proceeding or business transacted, pending or likely to be transacted  before or by  that public official or a government department, public body or other organization or institution in which that public official is serving as such or by or from any person acting on behalf of or related to such a person, the property, benefit  or promise shall, unless the contrary is proved ,be deemed to have been given corruptly on account of such a past or future act, omission, favor  or disfavor as is mentioned in section 98(1) (i) or (ii) of this Code.

Any person who:

Corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official or to, on or for any other person; or

Corruptly promises or offers to give or confer or to procure  or attempt to procure any property or benefit of any kind to, on or for a public official as is mentioned in section 98(1) (i) or (ii)  of this Code, is guilty of the felony of official corruption and is liable to imprisonment for seven years.

a. Any public official  who –

b. Corruptly asks for, receives  or obtains any property or benefit of any kind  for himself  or any  other person; or

c. Corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person,

On account of:

a. Anything already done or omitted, or any favor or disfavor already shown to any person, by himself  in the discharge of his official duties or in relation to any matter  connected with the functions, affairs or business of a government  department, public body ,or other organization or institution in which he is serving as a public official; or

b. Anything to be afterwards done or omitted, or any favor; or disfavor to be  afterwards shown to any person, by himself in the discharge of his official duties or in relation  to any such matter as aforesaid, is guilty of the felony  of official corruption and  liable to imprisonment for seven years. 

Section 98B of the Criminal Code Act stipulates a 7-year jail term for any one who invites bribes on account of actions of public official.

Other sections also provide penalties for offences related to Bribery and Corruption.

Section 99 of the Act proscribes “Extortion by public officers” as a felony punishable  by a 3-year jail term.

Section 101 of the Act criminalizes some instances when public officers are interested in contract. It declares it a felony and punishable by 3-year imprisonment.

Section 103 punishes “False claims by officials” as a felony punishable by a three year jail term.

The Criminal Code Act  also criminalizes and further prescribes instances when a public official can be said to have abused his office.

Section 104 of the Criminal Code Act provides thus:

“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 or prejudicial to the rights of another, is guilty of a misdemeanor 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, as is liable to imprisonment for three years.

Section 105 punishes an issuance of a false certificates by public officers as a felony and punishes it with a three year imprisonment.

Section 106 punishes anybody who administers an extra-judicial oath without authority with imprisonment for one year.

Section 107 denounces “False assumption of authority” as a felony and punishes it with imprisonment for up to three years.

Section 108 punishes anyone who personates public officers as a felon and punishes it with imprisonment for three years.

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