Official
Text
(Source)
3.
Interpretation
…”unexplained
property” means property in respect of which the value is disproportionate to a
person’s known sources of income at or around the time of the commission of the
offence and for which there is no satisfactory explanation…
22.
Possession of unexplained property
(1)
Subject to the Constitution, any public officer who -
(a)
maintains a standard of living above which is commensurate with the public
officer’s present or past official emoluments or other income;
(b) is
in control or possession of pecuniary resources or property disproportionate to
the public officer’s present or past official emoluments; or
(c) is
in receipt of the benefit of any services which the public officer may
reasonably be suspected of having received corruptly or in circumstances which
amount to an offence under this Act;
Shall,
unless the contrary is proved, be liable for the offence of having, or having
had under the public officer’s control or in the public officer’s possession
pecuniary resources or property reasonably suspected of having been corruptly
acquired, or having misused or abused the public officer’s office, as the case
may be.
(2)
Where the court is satisfied in proceedings for an offence under subsection (1)
that, having regard to the closeness of the public officer’s relationship to
the accused and to other relevant circumstances, there is reason to believe
that any person was holding pecuniary resources or property in trust for or
otherwise on behalf of the accused , or acquired such pecuniary resources or
property as a gift, or loan without adequate consideration, from the accused,
such pecuniary resources or property shall, unless the contrary is proved, be
deemed to have been under the control or in the possession of the accused.
41.
General penalty
A person
who is convicted of an offence under this Part, for which no penalty is
provided, is liable –
(a) upon
first conviction, to imprisonment for a period not exceeding fourteen years;
(b) upon
a second or subsequent conviction, to imprisonment for a term of not less than
five years but not exceeding fourteen years; and
(c) in
addition to any penalty imposed under this Act, to forfeiture to the State of
any pecuniary resource, property, advantage, profit, or gratification received
in the commission of an offence under this Act.
49.
Effect of conviction
(1) A
person convicted of an offence under the Part shall, by reason of such
conviction, be disqualified for a period of five years from the date of such
conviction, from being elected or appointed to, or from holding or continuing
to hold, any office or position in an public body…
