BY
MRS. R. A. OKODUWA,mni
DIRECTOR, PUBLIC ENLIGHTENMENT &
SPOKESPERSON FOR THE COMMISSION,
ICPC




An Airline Staff offers to give you a hefty
discount on your excess luggage charge, but the
money will not be receipted.
Your brother , with a wife and three kids, has
been out of work for 3 years; he tenders for a
procurement contract but erroneously submits
his bid without a particular document and you
are the Accounting Officer for your institution.
You live in government quarters, yet get paid
full consideration for accommodation.
You are having chronic financial challenges, you
receive an offer to work full-time in another
institution in addition to your present job.
2


Introduction
Overview of Nigeria’s Integrity laws:
-The Code of Conduct for Public Officers
- The Corrupt Practices and Other Related
Offences Act 2000
- The Economic and Financial Crimes Commission
(Establishment) Act 2004
- The Public Procurement Act 2007
- The Freedom of Information Act 2011

Thoughts to Ponder
3

Education is the sum total of all the processes by which
an individual develops abilities, attitudes and behaviour
that facilitate meaningful existence in society.
Source: Google, 2015


The purpose of higher education is to build on the values and
mental discipline learned at lower levels of education and
create individuals with cultured minds and habits that last
whole lifetimes.
Tragically, the Nigerian tertiary education system has derailed
from this noble focus.




Dishonest or immoral behaviour that is
not in line with generally accepted
standards.
Abuse of an entrusted position for personal
benefit.
The exploitation of a system for securing
an unmerited advantage.
The breach or perversion of legal rules,
established procedure, code of conduct,
system of ethics, or set of moral norms
(an adaptation of Assisi Asobie’s definition).
Introduction:
Factors Responsible for Endemic
Corruption
C = M + D – TA
Corruption thrives where there is Monopoly of
power, large Discretion, lack of Transparency
and Accountability
(an adaptation of R. Klitgaard’s formula capturing the dynamics
of Corruption)
6
“To educate a person in mind and not in
morals is to educate a menace to society”
--- Theodore Roosevelt
Source: Google, 2015



Mandate: Establish and maintain a high
standard of public morality in the conduct of
government business.
Powers to:
- Receive and examine declarations by public officers;
- Retain custody of declarations and make them available
for inspection by any citizen of Nigeria on such terms and
conditions as the National Assembly may prescribe;
- Ensure compliance with and enforce the provisions of the
Code;
Receive and investigate complaints about non-compliance
with or breach of the provisions of the Code and where
appropriate, refer such matters to the Code of Conduct
Tribunal.
(Section 3, part 1 of the Third Schedule to the 1999
Constitution)
9
•
A public officer :
- should not place himself in a situation where
his personal interest conflicts with his official
duties and responsibilities.
- is not to receive emoluments from any public
office concurrently with emoluments from
another public office.
- when employed full time, is not to participate
in the management or running of any private
business, profession or trade with the exemption
of farming.
- is not to ask for or accept any benefits for
himself or any other person on account of
whatever is done or omitted to be done by him in
the course of his duties.
10



A public officer may accept gifts from
relatives or personal friends to such an
extent and on such occasions as are
recognized by custom. Gifts given to a
public officer on public or ceremonial
occasions are to be treated as gifts to his
institution.
A public officer should complete the assets
and liabilities declaration form within 3
months of resumption of office and
thereafter at the end of every four years and
the end of his term of office.
A public officer shall not be a member of
any secret society or any society which is
incompatible with the functions and dignity
of his office.
11



The Tribunal looks into breaches of the
Code and where it finds an officer guilty, it
shall impose upon the officer any of the
punishments at 18(2) of Schedule 5 of the
Constitution, and such other punishment as
may be prescribed by the National
Assembly.
Punishment includes: removal from office;
vacation of officer’s seat in any legislative
house; disqualification from membership of
a legislative house and from holding of any
public office for a period up to 10 years;
seizure and forfeiture of property acquired
in abuse or corruption of office.
The sanctions are without prejudice to the
penalties that may be imposed by any law
where the conduct is also a criminal offence.
The decision of the Tribunal can be appealed.
12



COMMENCEMENT ----13TH JUNE, 2000
S. 2 defines ‘An official’ as any director,
functionary, officer, agent, servant, privy or
employee serving in any capacity whatsoever in
the public service or other public body, or in
any private organisation, corporate body,
political party, institution or other employment,
whether under a contract of services or
contract for services or otherwise and whether
in an executive capacity or not;
‘Person’ includes a natural person, a juristic
person or any body of persons corporate or
incorporate.
13



All the powers and immunities under the Police
Act and any other laws empowering and
protecting law enforcement agents – S. 5
Powers to investigate reports and enquire into
information, examine and summon persons - S.
27, 28 and 29.
The Chairman has powers to:
investigate share Account; obtain
information on movable and immovable property
within or outside Nigeria; seize movable property
including monetary instruments, prohibit dealing
with property outside Nigeria; compel the
forfeiture of property where there is no
prosecution for an offence; compel surrender of
travel documents – S. 43 – 46; 48; 50 – 51.
14
Section 6 (a) – (f) of the Act 2000 on duties of ICPC
summarized:
- To receive and investigate reports of the attempts to commit or
the actual commission of offences created by the Act and
prosecute the offender (s) :ENFORCEMENT
- To examine, review and enforce the correction of corruptionprone systems and procedures of public bodies with a view to
minimizing corruption:
PREVENTION
- To educate the public on and against bribery, corruption and
related offences; and enlist and foster public support in
combating corruption:
PUBLIC EDUCATION AND MOBILIZATION
15
Sample Offences and Punishment under the
Act 2000
SECTION
OFFENCE
PUNISHMENT IN JAIL
TERMS/FINE
8
Accepting gratification by an
official
7 years
10
Corrupt demand by person
(s)
7 years
12
Fraudulent Acquisition of
Property (Knowingly
acquiring private interest in a
contract or investment
connected with the office of a
public officer)
7 years
16
Making false statements or
returns in respect of money
or property received
7 years
16
19
Using office or position to gratify
or confer unfair advantage on
oneself, relation or associate
5 years without option
of fine
22 (3)
Inflation of the price of goods
and services
7 years and N1 million
fine
22(4)
Award of contract without budget 3 years and N100,000
provision, approval and cash
fine
backing
22 (5)
Transferring money from one
vote to another (virement)
1 year or N50,000 fine
25
Making of statement which is
false or intended to mislead
2 years imprisonment
and/or N100,000 fine
64
Willfully making false petitions
10 years and N100,000
17
fine
•
The Act establishes the Economic and Financial
Crimes Commission (EFCC) and designates it the
Financial Intelligence Unit (FIU) in Nigeria.
The EFCC is mandated to, among other things:
•
investigate all financial crimes including advance
fee fraud, money laundering, counterfeiting,
illegal charge transfers, futures market fraud,
fraudulent
encashment
of
negotiable
instruments, computer credit card fraud,
contract scam etc.
•
investigate and prosecute acts of, and aiding
and abetting terrorism.

coordinate and enforce all economic and
financial crimes laws and enforcement functions
conferred on any other person or authority.

carry out and sustain rigorous public
enlightenment campaign against economic and
financial crimes within and outside Nigeria.
18



Investigation as to whether any person or corporate
body has committed an offence under the EFCC Act or
other laws relating to economic and financial crimes.
Investigation into the properties of any person if it
appears to the Commission that the person’s lifestyle and
extent of the properties are not justified by his source of
income.
Coordination of the enforcement of:
◦ the Money Laundering Act 2011
◦ the Advance Fee Fraud and Other Related Offences Act
1995;
Failed Banks (Recovery of Debts) and Financial
Malpractices in Banks Act as amended;
◦ The Banks and Other Financial Institutions Act 1991 as
amended;
◦ Miscellaneous Offences Act; and
◦ any other law or regulation relating to economic and
financial crimes including the Criminal Code and Penal
Code.
19
•
•
Establishes the National Council on Public Procurement
and the Bureau of Public Procurement (BPP).
Provides regulatory framework for the procurement
process in respect of goods, works and services (with
certain exemptions) carried out by:
- the Federal Government of Nigeria and all procuring
entities;
- entities which derive at least 35% of the funds
appropriated or proposed to be appropriated for any
type of procurement from the Federation share of the
Consolidated Revenue Fund.
20
The law gives legal backing to the application of due
process principles in procurement which steps
include:
•
•
•
•
•
•
•
•
•
Drawing up an Efficient Procurement Plan driven by a
Needs Assessment
Adequate Appropriation
Appropriate level of advertisement (based on tender
threshold)
Transparent Pre-qualification/Tender
Sealed Bid Submission/Transparent Bid Opening
Bid Evaluation - Technical& Financial
Tenders Board/Federal Executive Council (FEC)
approval (based on threshold)
Contract Award
Project Implementation
21






Entering or attempting to enter a collusion agreement
with a supplier, contractor or consultant;
Conducting or attempting to conduct a procurement
fraud by means of unlawful influence, undue interest,
bribery, or corruption;
Directly or indirectly trying to influence in any manner
the procurement process to obtain an unfair advantage
in the award of a contract;
Splitting of tenders; Bid rigging;
Altering any procurement document with intent to
influence the outcome of a tender proceeding;
Uttering or using fake documents; refusal to allow BPP
access to procurement records.

•
•
Any officer of BPP or a procuring entity who
contravenes any provision of the Act is liable
upon conviction to a jail term of not less than 5
years without the option of fine and summary
dismissal from government services.
The punishment for any natural person, not
being a public officer is a jail term of not less
than 5 calendar years without an option of fine.
Where any legal person is convicted, every
director of such a company as listed on its
records at the Corporate Affairs Commission
shall be liable to a jail term of not less than 3
calendar years without an option fine.
• Freedom of Information refers to the right, which
members of the public have, to access information
held by government officials & institutions. The
underlying philosophy is that public organizations
hold information as custodians of the public good
and everyone has a right to access this information,
subject only to clearly defined rules established by
law.
• The FOI Act 2011 gives every person a legally
enforceable right of access to all records,
documents & information held by public
institutions, subject to certain exemptions stated in
the Act.
24
Public institutions to proactively publish & regularly update
certain types of information (e.g. details of the programmes
of each division, branch & department of the institution)
through print, electronic & online means.
 Information relating to:
- the receipt or expenditure of public or other funds of
the institution;
- names, salaries, titles, and dates of employment of all
employees and officers;
- any grant or contract made.
 Public institutions are to record & keep information about
their activities, & maintain the information in a manner that
facilitates public access to the information.
 An applicant should ordinarily receive the information he or
she is requesting within 7 days.

25
Exempted information under the Act include:
•

•


Information which may
- be injurious to the conduct of international affairs;
- be injurious to the defence of Nigeria;
- interfere with law enforcement investigations or be injurious
to the security of penal institutions;
- pertain to test questions, scoring keys & examination
data used to administer an academic examination;
Library circulation and other records identifying library users
with specific materials.
Personal information about the private lives of individuals,
whether they are public officials or private citizens.
Trade secrets & commercial information obtained from a
person or business that are proprietary, privileged or
confidential.
Information subject to Solicitor-Client privilege; DoctorPatient privilege; Journalism confidentiality privileges; &
other professional privileges conferred by a Law.
26
The Act creates 2 offences
OFFENCE
PUNISHMENT
1. Wrongful denial
N500,000 fine
of access to
information
2. Wilful destruction Minimum of oneor falsification of
year imprisonment
record by public
27
•
•
•
The FOI Act supersedes the provisions of all other
Acts, Laws or Regulations, except the Constitution &
those Laws with constitutional flavour.
It supersedes the Official Secrets Act, the Evidence
Act, the Criminal Code, the Penal Code, the Federal
Public Service Rules, etc.
These instruments cannot be used to limit its scope or
application.
Obligations of Public Institutions Under the FOI Act 2011


An applicant should not be required to state any
reason why he/she needs the information being
applied for.
Response to be given within 7 days (and another 7
days, if need be) could grant access; deny access to all
or part of the information, stating reasons (supported
by the Act) for denial; or give notice of transfer of the
request to another institution as appropriate.
28
“One man cannot do right in one department of
his life whilst he is occupied in doing wrong in any
other department. Life is one indivisible whole” Mahatma Ghandi


“In relations in the state, men should be honest,
not alone because of moral edict but because, if
they are not, they strike at the existence of society
upon which they depend for greater personal
expression” – Validivar

(a Rosicrucian-sponsored statement at page 5, The Guardian,
October 4, 2012)
 WHO
IS THE VICTIM?
Corruption makes life in Nigeria
‘poor, nasty, brutish and short’
Are we going to be part of the problem or break
out a fresh paradigm and be part of the solution?
31





Federal Republic of Nigeria (2011) 1999 Constitution of the Federal
Republic of Nigeria (With Amendments 2011).
Federal Republic of Nigeria (2000) The Corrupt Practices and Other
Related Offences Act 2000, Ibadan: University Press.
Federal Republic of Nigeria (2004) Economic and Financial Crimes
Commission (Establishment) Act 2004, Abuja: Heritage Press.
Federal Republic of Nigeria (2007) Public Procurement Act 2007,
Lagos: The Federal Government Printer.
Media Rights Agenda (2011) Freedom of Information Act 2011,
Lagos: Media Rights Agenda Press.