Frequently Asked Questions
Most frequent questions and answers
Meaning, Duties and Constitutionality of ICPC
What is ICPC?
ICPC stands for Independent Corrupt Practices and Other Related Offences Commission. It is th apex body vested by law with the responsiblity to fight corruption and other related offenses in Nigeria. It was set up and empowered by the Corrupt Practices and Other Related Offences Act 2000 (here after referred to as Act 2000) which was signed into law on June 13, 2000. The ICPC was inaugurated on the 29th of September 2000 by President Olusegun Obasanjo, GCFR, with a Chairman and 12 Members.
What is the Mandate of ICPC?
The Commission’s mandate rests in the investigation, prosecution and prevention of offences of corruption. It includes the following:
- Investigation,
- Prosecution,
- Prevention of Corruption through the review of lax operational systems in Ministries, Agencies and Parastatals,
- Education of the public against corruption
- Enlisting public support for the fight against corruption.
What are the duties of ICPC?
The duties of the Commission are contained in Section 6(a)(f) of the Act 2000. This section confers 3 main responsibilities on the ICPC. They are in summary:
- To receive and investigate reports of the conspiracy to commit, attempt to commit or actual commission of the offenses as created by the Act and, in appropriate cases prosecute the offenders(s).
- To examine, review and enforce the correction of corruption prone systems and procedures of public bodies, with a view to eliminating or minimizing corruption in public life.
- To educate and enlighten the public on and against corruption and related offenses with a view to enlisting and fostering public support for the fight against corruption.
What are the Vision and Mission Statements of the ICPC?
Vision: A Nigeria free from all forms of corruption and corrupt practices.
Mission: To rid Nigeria of corruption through lawful enforcement and preventive measures.
What brought about the establishment of ICPC?
Before the establishment of the Commission, Nigeria had been stigmatized by the international community as being corrupt. This was because there had been several failed campaigns in the past to wipe out corruption or reduce it to a tolerable level. These attempts include the Jaji Declaration in 1977 by General Olusegun Obasanjo; the Ethical Revolution of President Shehu Shagari in 1981-1983; the War Against Indiscipline by General Muhammadu Buhari in 1984; the National Orientation Movement by General Ibrahim Badamasi Babangida in 1986; the Mass Mobilization for Social Justice and Economic Reconstruction by General Babangida in 1987 and the War Against Indiscipline and Corruption in 1996 by General Sani Abacha. The Penal & Criminal Codes contain provisions which are meant to prohibit and punish corruption; however the Corruption Practices and Other Related Offences Act 2000 by President Olusegun Obasanjo, which set up the Anti-Corruption Commission, is the first time the effort to fight corruption is actually getting people sanctioned.
What is the operational structure of the ICPC?
ICPC is structured into 10 departments and 6 units. The departments, which are directorates include the operational departments such as Operations; Legal Services; Asset Tracing, Recovery & Management; Special Services; Systems Study & Review and Public Enlightenment & Education. The general services departments are Administration & Human Resources; Finance & Accounts; Planning Research & Statistics; and the Anti-Corruption Academy of Nigeria (ACAN), the training arm of ICPC.
The 6 units of the Commission include Internal Audit; Procurement; Reform (SERVICOM, ACTU & FoI) as well as Protocol, Internal Security & Support; and the Clinic.
The Corrupt Practices & Other Related Offences Act 2000
What is significant about the commencement date of the Act 2000?
The Corrupt Practices & Other Related Offences Act 2000 commenced on 13th June, 2000 and it is not retroactive. Due to this fact, the significant thing about the date is that the provisions of the Act cannot apply to offences of corruption committed before this date, rather such are provided for by other laws of hte land and handled by other law enforcement agencies.
Why has the ICPC not taken past corrupt leaders to court over their despicable acts?
The Commission can ony investigate and prosecute acts of corruption committed from 13th June, 2000 when the Act 2000 came into existence. The Act is not retroactive.
What are the major provisions of the Act 2000?
- Interpretation of Terms S.2
- Establishment of the ICPC S.3(1)-(14)
- Independence of the Commission S.3(14)
- Powers of Officers of the Commission S.5(1),S.28,S.36
- Duties of the Commission S.6(a)-(f)
- Offences and Penalties S.8-S.26,S.64
- Independent Counsel To Investigate Public Officers With Constitutional Immunity S.52
- Presumption of Guilt in Certain Offences S.53
- Public Evidence of Corroboration S.54
- Designated Courts/Judges S.61(3)
- Prosecution of Informers and Information S.64