'National penalties - offences against the administration of justice' in document 'Nigeria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 12
Corruption and Abuse of Office

98. (1) Any public official (as defined in section 98D) who -

(a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person ; or bribes, etc.,

(b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of -
(i) anything already, done or omitted, or any favour or disfavour 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 organisation or institution in which he is serving as a public official, or
(ii) anything to be afterwards done or omitted, or any favour or disfavour 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 is liable to imprisonment for seven years.

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

(i) holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or
(ii) 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 organisation 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, he deemed to have been received corruptly on account of such a past or future act, ommission, favour or disfavour as is mentioned in subsection (1)(i) or (ii).

(3) In any proceedings for an offence under this section to which subsection (1)(ii) is relevant it shall not be a defence to show that the accused -

(a) did not subsequently do, make or show the act, omission, favour or disfavour in question ; or
(b) never intended to do, make or show it.

(4) Without prejudice to subsection (3), where a police officer or other public official whose official duties include the prosecution detention or punishment of offenders is charged with an offence under this section in connection with -

(a) the arrest, detention or prosecution of any person for an alleged offence ; or
(b) an ommission to arrest, detain or prosecute any person for an alleged offence ; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b),or (c), or any other offence, had been committed.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 12
Corruption and Abuse of Office

98A. (1) Any person who- Official corruption : person giving bribes, etc., on account of actions
of public Official.

(a) corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official (as defined in section 98D) or to, on or for any other person ; or 1966 No. 84.
(b) 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 or to, on or for any other person,
on account of any such act, omission, favour or disfavour on the part of the public official as is mentioned in section 98(1)(i) or (ii), is guilty of the felony of official corruption and is liable to imprisonment for seven years.

(2) If in any proceedings for an offence under this section 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 -

(i) holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or
(ii) 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 organisation 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, favour or disfavour as is mentioned in section 98(1)(i) or (ii).

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 12
Corruption and Abuse of Office

99. Any person who, being employed in the public service, takes, Or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

117. Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of an offence, which is called perjury.

It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.
The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth" are immaterial, if he assent to the forms and ceremonies actually used.

It is immaterial whether the false testimony is given orally or in writing. It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

The offender cannot be arrested without warrant.

118. Any person who commits perjury is liable to imprisonment for Punishment fourteen years. of perjury.

If the offender commits the offence in order to procure the conviction of another person for an offence punishable with death or with imprisonment for life, he is liable to imprisonment for life.

119. A person cannot be convicted of committing perjury, or of counselling or procuring the commission of perjury, upon the uncorroborated testimony of one witness.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

120. Any person who, with intent to mislead any tribunal in any judicial proceeding -

(1) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury ; or
(2) knowingly makes use of such fabricated evidence ;
is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

121. Any person who -

(1) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony ; or

(2) attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withhold true testimony ; or

(3) asks, receives or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial, proceeding give false testimony or withold true testimony ;

is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

122. Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

123. Any person who, knowing that any book, document, or other thing of any kind, is or may be
required in evidence in a judicial proceeding, wilfully removes, conceals or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence is guilty of a felony, and is liable to imprisonment for three years.

The offender cannot be arrested without warrant.

124. Any person who wilfully prevents or attempts to prevent any person who has been duly
summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons, is guilty of a misdemeanour, and is liable to imprisonment for one year.

Part 3
Offences against the Administration of Law and Justice and against Public Authority

Chapter 14
Offences relating to the Administration of Justice

126. (1) Any person who conspires with another to obstruct, prevent, pervert, or defeat the
course of justice is guilty of a felony, and is liable to imprisonment for seven years.

The offender cannot be arrested without warrant.

(2) Any person who attempts, in any way not specially defined in this code, to obstruct,
prevent, pervert, or defeat, the course of justice is guilty of a misdemeanour, and is liable to imprisonment for two years.