II TRAINING PROGRAMME
It important to note that the commission shall initiate, develop or improve specific training programmes for its law enforcement and other personnel charged with reasonability for the eradication of Offenses created by this Act and such programme shall include:
a. Method used in the detection of Offenses created under this Act.
b. Techniques used by persons involved in Offenses created under this Act and appropriate
c. Detection and monitoring of the movement of proceeds and property derived form economic and finical crimes intended to be used in the commission of Offenses under this Act.
d. Methods used for the transfer, concealment of such proceeds, property and instruments
e. Collection of evidence
f. Law enforcement techniques, etc
ICPC ESTABLISHMENT
1. There is hereby established a commission to be known as the independent corrupt practices and other related Offenses commission (hereinafter in this Act referred to as” the commission”
2. The commission shall be a body corporate with perpetual succession and a commission seal and may sue and be sued in its corporate name
3. The commission shall consists of a chairman and twelve (2) other members, two of whom shall come form each of the size geo-political zones.
i. A retired police officer not below the rank of commissioner of pole
ii. Legal practitioner with at lest 10 years post call experience
iii. A retired judge of a superior court
iv. A retired public servant not below the rank of a director
v. A woman
vi. A youth not less 21 or more than 30 years of age at the time of his or her appointment.
vii. A chartered accountant
4. The chairman shall be a person who has held or is qualified to hold office as a judge of a Superior Court of record in Nigeria
5. Remuneration for member of the commission must be detained by the national revenue mobilization, allocation and fiscal commission.
It is necessary to know that the establishment of this body is made in pursuance to representing the six geo-political zones in (NIGERIA). All the above are in contrast with the EFCC body
So also there are Offense which is not captured or taken serious the EFCC but the ICPC actually took proper cognizance of that.
INVESTIGATION, SEARCH, SEIZURE AND ARREST
27. Power to the investigate reports and acquire into information
1. Every report relating to the commission of an Offense under this Act may be made orally or in writing to an officer of the commission, and if made orally shall be reduced into writing and read over to the person making the report; and every such report, shall be signed or thumb – printing by the person making it. Where the person making the report is an illiterate the officer obtaining the report shall endorse that fact on the report together with a statement of the effect that it was read other and interpreted to the maker
2. Every report whether in writing or reduced into writing, shall be entered in book kept of the office of the commission and there shall appended to such entry the date and hour at which such report may made
3. Where an officer of the commission has reason to suspect the commission of an Offense under this Act following a report made under sub-section (1) or information. Otherwise received by him, he shall causes investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Act or any other law
4. A report made under sub-section(1) of this section shall not be disclosed by any person to any person other than officers of the commission or the Attorney General until the accused person has been arrested or charge to corrupt for an Offense under this Act or any other written law arising from such report.
The body also ahs power to examine persons for instance,
1. An officer of the commission investigating an Offense under this Act may
a. Order any person to attend before him for the purpose of being examined in relations to any matter which may, in his opinion, assist in the investigation of the Offense,
b. Order any person to produce before him any book document or any certified copy thereof or any other article which may in his opinion assist in the investigation of the Offense etc.
PROSECUTION AND TRIAL OF OFFENSE
61. Prosecution of Offense (1) every prosecution for an Offense under this Act or any other law prohibiting bribery, corruption and other related Offenses shall be deemed to be done with the consent of the Attorney General
2. Without prejudice to any other laws prohibiting bribery, corruption, fraud or any other related Offenses by public officers or other persons, a public officer or any other person may be prosecuted by the appropriate authority for an Offense of bribery.
MY OBSERVATION AND RECOMMENDATION TO EFCC AND ICPC
I observed that the
two bodies are meant to fight corruption and other injustices in Nigeria. Another observation I made form the two bodies is that these are some partialities being involved in their way of operation. President of Nigeria, Mr. Olusengun Obasanjo has not been questioned? It is too had that the so believed competent bodies looks face on who to question and who not to question. But apart from that the two bodies are giant in their duties. So my recommendation is that they should join together for more effective work since they have almost the same functions or roles.
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