Criminalization And Law Enforcement

Prosecution, Adjudication And Sanctions

Sub 2 State Party shall take measures to maintain an appropriate balance between immunities and privileges accorded public officials and investigatin, prosecuting and adjudicating offences under the Convention S. 52 ICPC ACT; S.308 CFRN _IMMUNITY CLAUSE BARS THIS PROVISION FROM BECOMING EFFECTIVE   Sub 3&6 SECTION 35 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (1999); CRIMINAL PROCEDURE CODE AND THE CRIMINAL PROCEDURE ACT; POLICE ACT

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Statute Of Limitations

STATUTE OF LIMITATION - State party shall establish a long statute of limitation in which to commence proceedings for offences established

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Knowledge, Intent And Purpose As Elements Of An Offence

KNOWLEDGE, INTENT AND PURPOSE AS ELEMENTS OF AN OFFENCE - may be inferred from objective factual circumstances S. 53 OF THE ICPC ACT; EFCC ACT http://resourcedat.com/wp-content/uploads/2011/11/Economic-and-Financial-Crimes-Commission-Establishment-Act-2004-1.pdf

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Participation And Attempt

PARTICIPATION AND ATTEMPT - Measures to establish as a criminal offence participation as an accomplice or instigator in an offence established in accordance with the Convention MONEY LAUNDERING PROHIBITION ACT; PUBLIC PROCUREMENT ACT https://www.google.com.ng/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CD0QFjAC&url=http%3A%2F%2Fresourcedat.com%2Fblog%2F2012%2F02%2F24%2Fmoney-laundering-act-2011%2F&ei=UzHtUfLtII6w7AaH2YAw&usg=AFQjCNFJvXw8aIKynZMK4lZ133D81EjtEg&sig2=LbsDX4Za3NJUt3yEy1OyQQ&bvm=bv.49478099,d.ZGU

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Liability Of legal Persons

LIABILITY OF LEGAL PERSONS - State parties shall adopt measures to establish the liability of person for participating in the offences established in this Convention. The liability may be criminal, civil or administrative; And to ensure that legal persons are subject to appropriate criminal or non-criminal sanctions for liability. PUBLIC PROCUREMENT ACT (2007); MONEY LAUNDERING PROHIBITION ACT; EFCC ACT; ICPC ACT; NEITI ACT http://www.bpp.gov.ng/index.php?option=com_joomdoc&task=document.download&path=&Itemid=614

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Obstruction Of Justice

OBSTRUCTION OF JUSTICE - State parties to adopt measures to establish as criminal offences the use of physical force, threats, intimidation or an undue advantage  to induce false testimony in a proceeding in relation to the commission of offences established in the Convention. This obstruction of justice includes these same acts exercised by a justice or law enforcement official. S. 366 CRIMINAL CODE ; S. 15 AND S. 25 ICPC ACT; S. 22 MONEY LAUNDERING

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Concealment

CONCEALMENT - State parties shall adopt measures to establish as a criminal offence the concealment or continued retention  which the person knows is the result of any of the offences established in this Convention S. 17 ECONOMIC AND FINANCIAL CRIMES ACT (2004); S.427 - 433 CRIMINALCODE; S. 24 ICPC ACT; S. 17 MONEY LAUNDERING ACT http://resourcedat.com/wp-content/uploads/2011/11/Economic-and-Financial-Crimes-Commission-Establishment-Act-2004-1.pdf

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Laundering Of Proceeds Of Crime

(1) State Parties shall adopt measures to establish as criminal offences- Conversion or transfer of property for the purpose of concealing  or disguising the illicit origin of the property; concealment or disguise of the source, movement or ownership of the property which is the proceeds of crime; Acquisition, or use of the property proceeds of crime; participation in facilitating the commission of any of the offences established in this article.

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Embezzlement Of Property In The Private Sector

(a) Measures to establish as criminal offence, embezzlement by a person who works in any capacity in a private sector entity ECONOMIC AND FINANCIAL CRIMES COMMISSION (2004) http://resourcedat.com/wp-content/uploads/2011/11/Economic-and-Financial-Crimes-Commission-Establishment-Act-2004-1.pdf (b) MONEY LAUNDERING PROHIBITION ACT https://www.google.com.ng/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CD0QFjAC&url=http%3A%2F%2Fwww.placng.org%2Flawsofnigeria%2Fnode%2F194&ei=FPHsUeyvJKby7AaygYGACQ&usg=AFQjCNH5peYsc_yKVimZTzAsVBHgK3KLkQ&sig2=7g-uCdajA9JYfCaHZymqcw

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Bribery In The Private Sector

CODE OF CONDUCT FOR PUBLIC OFFICERS, 5TH SCHEDULE, CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999. •THE CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT (2000) •PUBLIC PROCUREMENT ACT (2007) •CRIMINAL CODE ACT CAP 77 (LAWS OF THE FEDERATION OF NIGERIA 1990) OR C38 (LAWS OF THE FEDERATION OF NIGERIA 2004) •ECONOMIC AND FINANCIAL CRIMES COMMISSION (ESTABLISHMENT) ACT (2004) •ADVANCE FEE FRAUD AND OTHER FRAUD RELATED OFFENCES ACT (2000)

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