Frequently Asked Questions
Most frequent questions and answers
Meaning, Duties and Constitutionality of 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.
The Commission’s mandate rests in the investigation, prosecution and prevention of offences of corruption. It includes the following:
- 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.
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.
Vision: A Nigeria free from all forms of corruption and corrupt practices.
Mission: To rid Nigeria of corruption through lawful enforcement and preventive measures.
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.
ICPC is operationally structured into a committee system, with 3 committees overseeing all the operational activities of the Commission. The 3 committees are: Investigation and Prosecution; System Studies and Review; Public Enlightment and Education. The Committees supervise the activities of Departments which are designated by the above functional areas.
Operational duties and execution of policies are carried out by 5 departments and 2 units namely: Investigation; Prosecution; Planning, Research and Review (PRR); Education; Public Enlightenment; Special Duties Unit and Chairman’s Special Unit.
There are 2 support Departments and 1 unit. These are: Administration; Finance & Accounts; and Audit Unit.
The Corrupt Practices & Other Related Offences 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.
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.
- 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