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
counter
– measures
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.