CRIMINAL CODE ACT

Section 98: Official corruption: public official inviting bribes, etc., on account

2004Section 98 of 575Federal Republic of Nigeria

of own actions
(1) Any public official (as defined in section 98D) who‐
(a) corruptly asks for, receives or obtains any property or benefit of any kind for
himself or any other person; or
[1966 No. 84.]
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any
kind for himself or any other person, on account of‐
(i) anything already done or omitted, or any favour or disfavour already shown to any
person, by himself in the discharge of his official duties or in relation to any matter
connected with the functions, affairs or business of a government department, public
body or other organisation or institution in which he is serving as a public official; or
(ii) anything to be afterwards done or omitted, or any favour; or disfavour to be
afterwards shown to any person, by himself in the discharge of his official duties or in
relation to any such matter as aforesaid,
is guilty of the felony of official corruption and is liable to imprisonment for seven
years.
(2) If in any proceedings for an offence under this section of this Code it is proved that
any property or benefit of any kind, or any promise thereof, was received by a public
official, or by some other person at the instance of a public official, from a person‐
(a) holding, or seeking to obtain, a contract, licence or permit from a government
department, public body or other organisation or institution in which that public official
is serving as such; or
(b) concerned, or likely to be concerned, in any proceeding or business transacted,
pending or likely to be transacted before or by that public official or a government
department, public body or other organisation or institution in which that public official
is serving as such,
or by or from any person acting on behalf of or related to such a person, the property,
benefit or promise shall, unless the contrary is proved, be deemed to have been
received corruptly on account of such a past or future act, omission, favour or
disfavour as is mentioned in subsection (1) (i) or (ii) of this section.
(3) In any proceedings for an offence under this section to which subsection (1) (ii) of
this section is relevant it shall not be a defence to show that the accused‐
(a) did not subsequently do, make or show the act, omission, favour or disfavour in
question; or
(b) never intended to do, make or show it.
(4) Without prejudice to subsection (3) of this section, where a police officer or other
public official whose official duties include the prosecution, detention or punishment of
offenders, is charged with an offence under this section of this Code in connection
with‐
(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged offence; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence
mentioned in paragraph (a),
(b) or (c) of subsection (4) of this section, or any other offence, had been committed.

Cite this section

Section 98, CRIMINAL CODE ACT (2004).

https://repo.podus.ai/laws/criminal-code-act/section/98/