CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT

Section 2: Interpretation.

2000Section 2 of 71Federal Republic of Nigeria

In this Act, unless the context otherwise requires-
"Agent" means any person employed by or acting for another and includes an officer of a public body or an officer serving in or under any public body, or a corporate body or any political party or institution, a trustee, an administrator or executor of the estate of a deceased person, a sub-contractor, any person employed by or acting for such trustee, administrator, executor, or sub-contractor;
"Associate", in relation to a person, includes any person who is an employee, agent, nominee or representative, trustee, firm or incorporated company known to act subject to the directives or influence of such person;
"Bank" means a bank, a finance company, a commercial bank, a merchant bank, or a discount house, licensed under the Banks and Other Financial Institutions Act, or any other financial institution established or licensed under any other written law;
"Banker's book" includes ledgers, day books, cash books, account books and all other books and documents or electronic devices used in the ordinary course of business of a bank;
"Business" means any activity carried on for the purpose of gain or profit and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;
"Chairman" means the Chairman of the Commission appointed under section 3 (3) of this Act;
"Commission" means the Independent Corrupt Practices and Other Related Offences Commission established under section 3 of this Act;
"Constitution" means Constitution of the Federal Republic of Nigeria 1999; [CAP. C 23]
"Corporate body" means any legal entity, artificial or otherwise, recognised by the Companies and Allied Matters Act or created under the authority of any law in Nigeria;
"Corruption" includes bribery, fraud and other related offences;
"Dealing" includes-
(a) any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, or extension of credit;
(b) any agency or grant of power of attorney; and
(c) any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole of or in part of any property being conferred on any person;
"false pretence" means any representation made by words, writing, or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be or does not believe to be true;
"Financial Institution" means any body or institution which carries on any banking business or financial transactions, whether lawfully or unlawfully, as defined in the Banks and Other Financial Institutions Act; [Cap. B3.]
"Gratification" means-
(a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, or any other similar advantage, given or promised to any person with intent to influence such a person in the performance or non-performance of his duties;
(b) any office, dignity, employment, contract of empowerment or services and any agreement to give employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
(e) any forbearance to demand any money or money's worth or valuable thing;
(f) any other service or favour of any description, such as protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any rights or any official power or duty; and
(g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);
"Judge of Superior Court of Record" means a Judge holding any of the offices defined by section 6 (5) of the Constitution;
"Local Government" has the meaning assigned to it in the Constitution of the Federal Republic of Nigeria;
"Member" means any member of the Commission appointed in accordance with section 3 of this Act;
"Money Instrument" includes coin or currency of Nigeria or of any other country, travelers' cheque, personal cheque, bank cheque, money order, investment security or negotiable instrument in bearer form, or otherwise in such form that title hereto passes upon delivery or upon delivery and endorsement;
"Misappropriation" means the unauthorised, improper, or unlawful use of funds or other property for purposes other than that for which intended and it also includes misapplication of funds or property and it does not matter whether or not the person misappropriating derives any personal benefit therefrom;
"an official" means any director, functionary, officer, agent, servant, privy or employee serving in any capacity whatsoever in the public service or other public body, or in any private organisation, corporate body, political party, institution or other employment whether under a contract of services or contract for services or otherwise, and whether in an executive capacity or not;
"person" includes a natural person, a juristic person or any body of persons corporate or incorporate;
"Political Party" means any body of persons or association as stated under the provisions of the Constitution
"President" means the President of the Federal Republic of Nigeria;
"Principal" includes any employer, any beneficiary under a trust, any trust estate, any person beneficially interested in the estate of a deceased person, the estate of a deceased person, and, in the case of any person serving in or under a public body;
"property" means real or personal property of every description, including money, whether situated in Nigeria or elsewhere, whether tangible or intangible, and includes an interest in any such real or personal property;
"Public Officer" means a person employed or engaged in any capacity in the public service of the Federation, State or Local Government, public corporations or private company wholly on jointly floated by any government or its agency including the subsidiary of any such company whether located within or outside Nigeria and includes judicial officers serving in Magistrate, Area or Customary courts or Tribunals;
"purchaser in good faith for valuable consideration" means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the transfer, assignment, charge, mortgage, pledge, lien, or lease was obtained by him for adequate consideration in money or money's worth, without notice that the property was obtained in consequence of the commission of any offence under this Act; and
"relation" includes father, mother, child, brother, sister, uncle, aunt and cousin where applicable, and their spouses.

Cite this section

Section 2, CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT (2000).

https://repo.podus.ai/laws/corrupt-practices-and-other-related-offences-act/section/2/