THE VALIDITY OF THE INDEPENDENT CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT, 2000
Posted: 15/Apr/2019

It has become necessary and imperative for the Federal Ministry of Justice to put the general public on notice as to the validity of the Independent Corrupt Practices and Other Related Offences Act, 2000 as the correct and authentic Act for reference on any matter relating to the provisions of the Act. The Ministry is not ignorant of the fact that in 2003, the National Assembly attempted to repeal the Act 2000 through its legislative procedure and powers, but the process was truncated by the then President, Chief Olusegun Obasanjo GCFR who declined assent to the bill and that was how the bill went down the drain.

Equally, the action of the National Assembly was challenged at the Federal High Court of Nigeria in the case of Attorney-General of the Federation v Chief Pius Anyim and 3 Ors in Suit No: FHC/ABJ/CS/225/2003, where the court held that steps taken by the National Assembly in passing the bill were in violation of a court order.

 

In 2004, compilation of the Laws of the Federation of Nigeria was carried out, the 2003 Act that was passed by the National Assembly but not assented to by the President was ERRONEOUSLY compiled as against the authentic ICPC Act, 2000 in the LFN, 2004 These errors resulted in plethora of actions in the Court as to which of the Act, 2000 or 2003 is the valid legislation. In the case of AG. Ondo State V. Attorney General of the Federation and Ors (2002) 9 NWLR (Pt. 772) P. 222, the Supreme Court held that ICPC Act 2000 save for sections 26 (3) and 35 that were struck down, remains the valid Act. Also, recently in the case of Temple Nwankwoala V Federal Republic of Nigeria (2018) LPELR-43891(SC), the Supreme Court also held that ICPC Act, 2000 is the only valid subsisting legislation. The Apex Court also stated that the purported ICPC Act, 2003 as erroneously compiled and published in the 2004 LFN, the compilation CANNOT in any way validate what did not pass through proper legislative procedure to become law but rather by going through the whole hog of legislative due process.

 

Now therefore, as part of the mandate of the Federal Ministry of justice to ensure that legislation in the public domain are comprehensive, certain and predictable, the Federal Ministry of Justice hereby put Nigerians and the entire world on notice that ICPC ACT, 2000 is the authentic act and valid legislation for reference purposes.

 

HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION

AND MINISTER OF JUSTICE

FEDERAL MINISTRY OF JUSTICE, ABUJA