CHAPTER 08:05
CORRUPTION AND ECONOMIC CRIME
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Establishment of Directorate
3. Establishment of Director-General
4. Appointment of Director-General
5. Acting Director-General
5A. Conditions of service of Directorate
5B. Disciplinary code by Minister
5C. Conduct of officers and support staff
PART III
Functions of Directorate
6. Functions of Directorate
7. Powers of Director-General
8. Power of Director-General to obtain information
9. Special identity card
10. Power of arrest
11. Power of search and seizure
12. Procedure after arrest
13. Search with warrants
14. Search without warrant in certain cases
15. Exercise of powers of search and seizure
16. Surrender of travel document
17. Return of travel document
18. Resisting or obstructing officers
19. False reports to officers
19A. Protection of disclosure of identity
19B. Prohibition of unauthorised disclosure of information
20. Falsely pretending to be officer
21. Immunity of officers of Directorate
22. Annual report
PART IV
Offences
23. Definition of valuable consideration
24. Corruption by or of public officer
24A. Abuse of public office
25. Corruption in respect of official transaction
25A. Trading in influence
26. Acceptance of bribe by public officer after doing act
27. Promise of bribe to public officer after doing act
28. Corrupt transactions by or with agents
29. Bribery for giving assistance in regard to contracts
30. Bribery for procuring withdrawal of tender
31. Conflict of interest
32. Bribery in relation to auctions
33. Cheating of public revenue
34. Possession of unexplained property
35. Certain matters not to constitute defence
36. Penalty
37. Application for confiscation order
38. Application for restraining order
PART V
Prosecution of offences
39. Prosecution of offences
PART VI
Evidence
40. Evidence of pecuniary resources or property
41. Evidence of an accomplice
42. Presumption of corruption
42A. Endorsement of conviction in register
PART VII
Miscellaneous
43. Frivolous, false or groundless complaints
44. Prohibition of disclosure of information
44A. Sharing of information
44B. Confidentiality
45. Protection of informers
45A. Intimidation of informers
46. Liability for offences committed abroad
47. Regulations
Act 13, 1994,
Act 14, 2005,
Act 6, 2013,
Act 29, 2018.
An Act to provide for the establishment of a Directorate on Corruption and Economic Crime; to make comprehensive provision for the prevention of corruption; and confer power on the Directorate to investigate suspected cases of corruption and economic crime and matters connected or incidental thereto.
[Date of Commencement: 19th August, 1994]
PART I
Preliminary (ss 1-2)
This Act may be cited as the Corruption and Economic Crime Act.
In this Act, unless the context otherwise requires—
"agent" includes any person employed by or acting for another;
"Deputy Director-General" means the Deputy Director-General of the Directorate;
[6 of 2013, s. 3(a).]
"Director-General" means the person appointed under section 4;
"Directorate" means the Directorate established under section 3;
"principal" includes an employer;
"public body" means any office, organisation, establishment or body created by or under any enactment or under powers conferred by any enactment; and includes any company in which government has equity shares or any organisation or body where public moneys are used;
[6 of 2013, s. 3(b).]
"public officer" includes any person—
(a) holding an office by election or appointment under any enactment or under powers conferred by any enactment;
(b) who is or was at the relevant time paid from public funds; or
(c) who is or was at the relevant time responsible for the custody, safekeeping or collection of public funds or other property or public funds or other moneys; and
[6 of 2013, s. 3(c).]
"valuable consideration" has the meaning assigned to it under section 23.
PART II
Establishment of Directorate (ss 3-5C)
3. Establishment of Directorate
(1) There is established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate").
[6 of 2013, s. 4.]
(2) The Directorate shall consist of the Director-General, Deputy Director-General, other officers and support staff of the Directorate as may be appointed.
[6 of 2013, s. 4.]
(3) The Directorate shall be a public office; and accordingly the provisions of the Public Service Act (Cap. 26:01) shall apply mutatis mutandis to the Directorate and the officers thereof.
[6 of 2013, s. 4.]
4. Appointment of Director-General
(1) The President shall appoint the Director-General on such terms and conditions as the President deems fit.
[6 of 2013, s. 4.]
(2) The Director-General shall be responsible for the direction and administration of the Directorate.
[6 of 2013, s. 4.]
(3) Any decision, including investigations by the Director-General shall not be subject to the direction and control of any person or authority.
[6 of 2013, s. 4.]
(1) If the office of the Director-General is vacant or the Director-General is absent from duty, the Deputy Director-General shall, except where the President otherwise directs, act as Director-General.
[6 of 2013, s. 4.]
(2) If the Director-General and the Deputy Director-General are absent from duty, the President may appoint another person to act as Director-General until the return to duty of either the Director-General or the Deputy Director-General.
[6 of 2013, s. 4.]
5A. Conditions of service of Directorate
(1) The Minister shall prescribe such conditions of service of the Directorate setting out the terms and conditions for the appointment of officers and support staff.
[6 of 2013, s. 4.]
(2) The conditions of service prescribed under subsection (1) shall provide for—
(a) the designation and grades of officers and support staff;
(b) the scale of salaries and allowances of officers and support staff; and
(c) the promotions, resignations and termination of appointments of officers and support staff.
[6 of 2013, s. 4.]
5B. Disciplinary code by Minister
(1) The Minister shall prescribe a disciplinary code for the Directorate, which disciplinary code shall provide for—
(a) disciplinary offences;
(b) the investigation, hearing and determination of disciplinary offences and the hearing of any appeals; and
(c) the delegation, by the Director-General, to officers and support staff, of such disciplinary powers as he or she may consider appropriate.
[6 of 2013, s. 4.]
(2) The disciplinary code prescribed under subsection (1) shall provide for the following disciplinary penalties or any combination thereof—
(a) dismissal from the Directorate;
(b) reduction in rank or grade;
(c) suspension from duty for a specified period;
(d) reprimand;
(e) admonition; and
(f) recovery of the cost or part thereof in respect of any loss or damage to the property of the Directorate caused by the default or negligence of any officer subject to disciplinary proceedings where such recovery has not been effected through any other Government procedure.
[6 of 2013, s. 4.]
5C. Conduct of officers and support staff
An officer of the Directorate shall not become a member of any trade union, or any body or association affiliated to a trade union, or any body or association the object of which or one of the objects of which is to control or influence conditions of employment in any trade or profession:
Provided that an officer may become a member of any such body or association which may be constituted and regulated pursuant to this Act.
[6 of 2013, s. 4.]
PART III
Functions of Directorate (ss 6-22)
The functions of the Directorate shall be—
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
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