Recovery Of Public Property (Special Provisions) Act, LFN, 2004: A Great Instrument For The Fight Against Corruption Of Private Persons And Associations In Nigeria By: Hameed Ajibola Jimoh Esq.

Also, many agencies have been established to fight this act of corruption and the perpetrators. Religion and morality serve no teachings to these perpetrators who might many of the time, be either Muslims or Christians by religion. It is noteworthy that none of these two (2) religions mentioned encourages corruption more so, corruption or corrupt practices are sins against God Almighty according to these religions. Among the extant legislations made by government in its bid at embattling the corruption and its perpetrators is the ‘RECOVERY OF PUBLIC PROPERTY (SPECIAL PROVISIONS) ACT, LFN, 2004’-herein after referred to as the Act. As would be seen in this paper, this Act empowers the government to investigate both the public officers and the private officers or persons, which by interpretation, would include associations such as professional associations, such as the Nigerian Bar Association, among others. That is why this paper has been written by the writer of this paper to create the awareness of this Act in the readers of this paper and the appropriate authorities and to call attention for necessary steps to be taken in curbing corruption from public and private lives. The Nigerian Bar Association-both past and present executives-should in the views of the writer of this paper, also not shy away from submitting themselves to this Act for a transparent and accountable administration and the fulfillment of the trust of its members. Emphasis and reference for the purpose of this paper is on the private persons. This Act is by its long title ‘An Act to make provisions for the Investigation of the Assets of any Public Officer who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office or has in any way breached the Code of Conduct for Public Officers contained in the Constitution of the Federal Republic of Nigeria.’ Also, by section 2 of the Act, it provides thus ‘(1)    The provisions of this Act shall apply to any other person to the same extent as it applies to a public officer. (2)    Any person who engages in any manner whatsoever in any form of corrupt practice or corruptly enriches himself or any other person (whether a public officer or not) or has engaged in any unlawful activity in any form whatsoever, including banking or other financial business- (a)    may have his assets investigated by the panel constituted under subsection (1) of section 1 of this Act; and (b)    shall be tried under this Act and if found guilty of an offence shall be convicted by the Federal High Court.’ Furthermore, by section 4 of the Act, it is provided that ‘(1)    Where a declaration of assets is returned pursuant to paragraph (a) of subsection (1) of section 2 of this Act, a qualified person shall, if and when so directed by the panel in respect of that declaration, verify the statements set out therein and, as far as possible, ascertain the extent and nature of undisclosed assets, if any, and the nature of transactions affecting those assets. (2)    If the panel or a qualified person is of opinion that the declaration of assets as returned is incomplete in any respect or ought to amplified, the panel or such qualified person may, whether or not any verification has been directed under subsection (l) of this section, require the public officer, or as the case may be any other person, to complete the declaration or furnish additional information by a supplementary declaration of assets in such form as the panel or qualified person, as the case may be, may prescribe or require, and in any such case the provisions of this Act shall apply in respect of such completion or the furnishing of additional information under this subsection as they apply to a declaration in the prescribed form in the Schedule to this Act. (3)    A qualified person shall have power under this section to require any person or authority concerned, to prepare copies of records of assets or of accounts connected with particular assets and, in any proper case, statement of transactions relating thereto, and the person or authority concerned shall deliver the copies so required to that qualified person. (4)    A qualified person having completed his investigation as far as possible, shall report his findings to the panel together with the conclusions drawn by him and the reason there for and the panel shall likewise thereafter report to the Head of the Federal Government. Furthermore, by sections: 9, and 10 of the Act, it is provided respectively that ‘(1)    Where a Federal High Court is satisfied that any transaction with respect to or disposition of, any property is artificial or fictitious or that effect has not in fact been given to the same, after giving an opportunity to any interested third party to be heard, the Federal High Court may disregard any such transaction or disposition. (2)    For the purposes of this section- (a)    “property” may be either movable or immovable and any transaction or disposition in relation thereto includes arrangements for the benefit of creditors and a trust however created; and (b)    any transaction or disposition may be treated as artificial or fictitious if entered into, made or performed- (i)     by reason of the unconscientious exercise or abuse of a power which one or more of the parties has or have either directly or indirectly over another or others of the parties; or (ii)    for the purpose of fulfilling an obligation prior to, under, or with respect to which any party to the transaction or disposition had not the means. Furthermore, by section 10 of the Act, (1)    The penalties which a Federal High Court may impose upon conviction of any person to which this Act applies shall, apart from forfeiture or any other penalty prescribed by or pursuant to any of the foregoing provisions of this Act, be either- (a)    imprisonment for a term not exceeding 21 years; or (b)    in cases where the Federal High Court arrives at a finding that undeclared assets (whether in Nigeria or elsewhere) of such person have a value of or amount to not less than N1,000,000 or its equivalent in any other currency or combination of currencies, a sentence of life imprisonment. (2)    Where a person is charged with an offence but the evidence establishes an attempt to commit the offence, he may be convicted of having attempted to commit that offence, although the attempt is not separately charged, and punished as provided in subsection (1) of this section. (3)    Where a person is charged with an offence under this Act but the evidence established the commission of another offence under this Act the offender shall not be acquitted but he may be convicted of that other offence and punished as provided in subsection (1) of this section.’. Also see section 11 of the Act. Furthermore, by section 4 of the Constitution, 4.—(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives. (2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution. And by section 15(5) of the Constitution, 15 (5) The State shall abolish all corrupt practices and abuse of power. Finally, from the provisions of this Act, and without prejudice to the submissions made therein, the writer of this paper humbly submits that:

1. The Act is applicable to both public officers and private persons and associations.
2. Investigation of the Assets of any Public or Private Officer, including natural and artificial person, who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office is permitted by the Act.
3. The Act shall be in addition to the government’s anti-corruption laws such as the EFCC, ICPC etc.
4. The EFCC or ICPC or any person can be authorized to carry out investigation by the Panel.
5. Such investigative panel can call for any evidence or document to be made available before it by the person being investigated and he shall comply.
6. The assets of the present and past executives of the Nigerian Bar Association- both National and Branches- can be subjected to investigation by the Panel pursuant to this Act.