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PART IV - OFFENCES Corrupt Acquisition of wealth 26. (1) A public officer commits an offence of corrupt acquisition of wealth if it is found, that he is in control or possession of any resources or property or in receipt of the benefit of any advantage which he may reasonably be suspected of having acquired or received corruptly or in circumstances which amount to an offence under this Act. (2) Where during a trial of an offence under subsection (1), the Court is satisfied that there is reason to believe that any person is holding pecuniary resources or property in trust or otherwise on behalf of the accused person or acquired such resources or property as a gift from the accused, such resources or property shall, until the contrary is proved, be presumed to have been in the control of the accused. (3) A person guilty of an offence under subsection (1) shall be liable on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (4) In addition to any punishment prescribed by subsection (3), the Court shall, for an offence under subsection (1), order that twice the amount or value of the resources or property acquired or the advantage received by the person convicted be paid by him into the Consolidated Fund. (5) Where, after making the orders prescribed in subsection (4), there is still some amount outstanding, the Court shall make a further order that any person holding any moneys on behalf of such person or gratuities, awards, pensions or similar entitlements due to such person, shall pay such moneys or entitlements to the Accountant General. (6) Where, after applying subsections (4) and (5) there is still some outstanding amount to be paid by the person convicted, that amount shall be regarded as a debt due to the Government and the Commissioner may at any time bring a civil action in the Court or Magistrates’ Court, as the case may be, to recover the amount concerned. Possession of unexplained wealth. 27. (1) Any person who, being or having been a public officer (a) maintains a standard of living above that which is commensurate with his present or past official emoluments; or (b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, commits an offence. (2) Where the court is satisfied in proceedings for an offence under paragraph (b) of subsection (1) that, having regard to the closeness of his relationship to the accused and to other 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 resources or property as a gift from the accused, such resources or property shall, in the absence of evidence to the contrary, be presumed to have been in the control of the accused. (3) A person guilty of an offence under subsection (1) shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (4) In addition to any penalty imposed under subsection (3), the court may order a person convicted of an offence under paragraph (b) of subsection (1) to pay into the Consolidated Fund - (a) a sum not exceeding the amount of the pecuniary resources; or (b) a sum not exceeding the value of the property, the acquisition by him of which was not explained to the satisfaction of the Court. (5) An order under subsection (4) may be enforced in the same manner as a judgment of the High Court in its civil jurisdiction. (6) In this section, "official emoluments” includes a Act No. 5 of 2001 pension or gratuity payable under the National Social Security and Insurance Trust Act, 2001. Offering, soliciting or accepting advantage. 28. (1) A person who, whether in Sierra Leone or elsewhere, without lawful authority or reasonable excuse, gives, agrees to give or offers an advantage to a public officer as an inducement to or reward for or otherwise on account of such public officer- (a) performing or abstaining from performing or having performed or abstained from performing any act in his capacity as a public officer; (b) expediting, delaying, hindering or preventing or having expedited, delayed, hindered or prevented, the performance of an act, whether by himself or by any other public officer in his capacity as a public officer; or (c) assisting, favouring, hindering or delaying or having assisted, favoured, hindered or delayed, any person in the transaction of any business with a public body, commits an offence. (2) Any public officer who solicits, accepts, or obtains or agrees to accept or attempts to obtain for himself without lawful consideration or for a consideration which he knows or has reason to believe to be inadequate, any advantage as an inducement to or reward for or otherwise on account of his- (a) performing or abstaining from performing or having performed or abstained from performing any act in his capacity as a public officer; (b) expediting, delaying, hindering or preventing orhaving expedited, delayed, hindered or prevented, the performance of an act, whether by himself or by any other public officer in his capacity as a public officer; or (c) assisting, favouring, hindering or delaying or having assisted, favoured,hindered or delayed, any person in the transaction of any business with a public body, commits an offence.. (3) A person guilty of an offence under subsection (1) or (2) shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (4) Notwithstanding section 94, where in any proceedings under subsection (1), it is proved that the accused person gave, agreed to give or offered an advantage, it shall be presumed until the contrary is proved that the accused gave, agreed to give or offered the advantage for any of the purposes set out in subsection (1). (4) Notwithstanding section 94, where in anyproceedings under subsection (2), it is proved that the public officer solicited, accepted or obtained an advantage, it shall be presumed until the contrary is proved that the advantage was solicited, accepted or obtained for any of the purposes set out in subsections (2). Using influence for contracts. 29. (1) Any person who, whether in Sierra Leone or elsewhere, gives or agrees to give or offers an advantage to a public officer as an inducement or reward for or on account of such public officer giving assistance or using influence whether real or fictitious, or having given assistance or used influence, whether real or fictitious in- (a) the promotion, execution, or procurement any contract or subcontract with a public body for the provision of any service, the doing of anything or the supplying of any article, material or substance; (b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in any contract or subcontract referred to in paragraph (a); or (c) obtaining for that person or for any other person, an advantage under any contract or sub-contract referred to in paragraph (a), commits an offence. (2) Any public officer who, whether in Sierra Leone or elsewhere, solicits, accepts or obtains an advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence or having given assistance or used influence in- (a) the promotion, execution or procurement for; (b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in; or (c) obtaining for that person or for any other person, an advantage under, such contract or subcontract as is referred to in paragraph (a) of subsection (1), commits an offence. (3) A person guilty of an offence under subsection (1) or (2) shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Influencing a public officer. 30. A person who exercises any form of violence, or pressure by means of threat, upon a public officer, with a view to the performance by that public officer of any act in the execution of his functions or duties, or the non-performance by that public officer of such act is commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Peddling influence. 31. (1) A person who gives or agrees to give or offers an advantage to another person, to cause a public officer to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body commits an offence. (2) A person who gives or agrees to give or offers an advantage to another person to use his influence, real or fictitious to obtain work, employment, contract or other benefit from a public body commits an offence. (3) A person who solicits, accepts or obtains an advantage from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body commits an offence. (4) A public officer who solicits, accepts or obtains an advantage from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body commits an offence. (5) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Bid rigging, etc. 32. (1) A person who receives or solicits or agrees to receive or to solicit an advantage as an inducement or reward for (a) refraining from submitting a tender, proposal, quotation or bid; (b) withdrawing or changing a tender, proposal, quotation or bid; or (c) submitting a tender, proposal, quotation or bid with a specified price or with any specified inclusions or exclusions, commits an offence. (2) A person who gives or offers or agrees to give or offer an advantage as an inducement or reward for- (a) refraining from submitting a tender, proposal, quotation or bid; (b) withdrawing or changing a tender, proposal, quotation or bid; or (c) submitting a tender, proposal, quotation or bid with a specified price or with any specified inclusions or exclusions, Commits an offence. (3) A person guilty of an offence under this sectionshall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Corrupting public officer. 33. A person who, while having dealings of any kind with any public body, gives an advantage to a public officer or any other person to influence any public officer commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Bribery of or by public officer to influence decision of public body. 34. (1) A person who gives, or agrees to give, or offers to a public officer an advantage for (a) voting or abstaining from voting or having voted or abstained from voting, at a meeting of a public body of which he is a member, director or employee, in favour of or against any measure, resolution or question submitted to the public body; (b) performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing or having performed, or abstained from performing or having aided in procuring, expediting, delaying, hindering or preventing the performance of an act by a public body of which he is a member, director or employee; (c) aiding in procuring, or preventing or having aided in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any other person, commits an offence. (2) Any public officer who solicits, accepts or obtains an advantage for- (a) voting or abstaining from voting or having voted or abstained from voting at a meeting of a public body of which he is a member, director or employee in favour of or against any measure, resolution or question submitted to the public body; (b) performing or abstaining from performing or aiding in procuring expediting, delaying, hindering or preventing the performance of, an act of a public body of which he is a member, director or employee; (c) aiding in procuring or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any contract or advantage in favour of any person commits an offence. (3) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Soliciting, accepting or obtaining advantage for public officer, etc. 35. (1) A person who, solicits, accepts or obtains any advantage for or on behalf of any public officer commits an offence. (2) Any person who offers any advantage to any public officer which that public officer is not authorised to receive by law, commits an offence. (3) A person guilty of an offence under this section shall on conviction be liable to a fine not less than five million leones or to imprisonment for a term not less than one year or to both such fine and imprisonment. Misappropriation of public funds or property. 36. (1) A person who misappropriates public revenue, public funds or property commits an offence. (2) A person misappropriates public revenue, public funds or property if he willfully commits an act, whether by himself, with or through another person, by which a public body is deprived of any revenue, funds or other financial interest or property belonging or due to that public body. (3) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Misappropriation of donor funds or property. 37. (1) Any person who, being a member or an officer or otherwise in the management of any organization whether a public body or otherwise, dishonestly appropriates anything whether property or otherwise, which has been donated to such body in the name, or for the benefit of the people of Sierra Leone or a section thereof, commits an offence. (2) A person who dishonestly appropriates anything whether property or otherwise, which has been donated to himself or any other person in the name of or for the benefit of the people of Sierra Leone or a section thereof, commits an offence. (3) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Impeding investment. 38. (1) A public officer who knowingly (a) performs or abstains from performing any act in his capacity as a public officer; (b) expedites, delays, hinders or prevents the performance of any act, whether by himself or by any other public officer, in his or that other public officer’s capacity as a public officer; or (c) assists, favours, hinders or delays any person in the transaction of any business with a public body, in order that an investor or potential investor is coerced, compelled or induced to abandon his investment or, as the case may be, is prevented from proceeding with his initial investment, commits an offence and shall be liable, on conviction, to a fine not less than fifty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (2) For the purposes of subsection (1), “investor” or potential investor” includes a development partner or potential development partner; and “investment” includes development projects intended for the benefit of the people of Sierra Leone or a section thereof. Corrupt transactions with agents. 39. (1) Any agent who, without lawful authority or reasonable excuse, solicits, accepts or obtains any advantage as an inducement to or reward for or otherwise on account of his- (a) performing or abstaining from performing or having performed or abstained from performing any act in relation to his principal's affairs or business; or (b) showing or abstaining from showing, or having shown or abstained from showing, favour or disfavour to any person in relation to his principal's affairs or business, commits an offence. (2) Any person who, without lawful authority or reasonable excuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent's (a) performing or abstaining from performing or having performed or abstained from performing any act in relation to his principal's affairs or business; or (b) showing or abstaining from showing, or having shown or abstained from showing, favour or disfavour to any person in relation to his principal's affairs or business, commits an offence. (3) Any person who knowingly gives to any agent, with intent to deceive his principal, any receipt, account, or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, commits an offence. (4) A person guilty of an offence under this section shall be liable on conviction to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (5) In this section and section 40- (a) “agent” means a person who, in any capacity, and whether in the public or private sector, is employed by or acts for or on behalf of another person; (b) “principal” means a person, whether in the public or private sector, who employs an agent or for whom or on whose behalf an agent acts. (6) If a person has a power under the Constitution or any other enactment and it is unclear, under the law, with respect to that power whether the person is an agent or which public body is the agent’s principal, the person shall be deemed, for the purposes of this Part, to be an agent for the Government and the exercise of the power shall be deemed to be a matter relating to the business or affairs of the Government. (7) For the purposes of this Part (a) a Cabinet Minister shall be deemed to be an agent for both the Cabinet and the Government; and (b) the holder of a prescribed office or position shall be deemed to be an agent for the prescribed principal. Deceiving a principal. 40. (1) An agent who with intent to deceive his principal, knowingly uses, any receipt, account or other document in respect of which the principal is interested and which contains any statement which is false or erroneous or defective in any material particular and which to his knowledge is intended to mislead the principal commits an offence. (2) An agent who, to the detriment of his principal, makes a statement to his principal that he knows is false or misleading in any material respect commits an offence. (3) An agent who, to the detriment of his principal, uses, or gives to his principal, a document that he knows contains anything that is false or misleading in any material respect commits an offence. (4) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Accepting advantage to protect offender from legal of proceedings. 41. (1) Subject to subsection (2), any person who accepts or obtains, or agrees to accept or attempts to obtain, any advantage for himself or for any other person, in consideration (a) his concealing an offence, or his protecting any other person from legal proceedings for an offence; or (b) his not proceeding against any other person in relation to an alleged offence, or his abandoning or withdrawing a prosecution against any other person; or (c) his obtaining or endeavouring to obtain the withdrawal of, a prosecution against any other person, commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (2) Subsection (1) shall not apply to any lawful compromise as to the civil interest resulting from the offence, but any such compromise shall not be a bar to any criminal proceedings which may be instituted by the Commission or the State in respect of the offence. Abuse of office. 42. (1) Any public officer who uses his office to improperly confer an advantage on himself or any other person commits an offence. (2) A person guilty of an offence under subsection (1) shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine andimprisonment. Abuse of position. 43. A public officer who knowingly abuses his position in the performance or failure to perform an act, in contravention of any law, in the discharge of his functions or duties is commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Public officer using his office for advantage. 44. (1) Subject to subsection (3), a public officer who makes use of his office or position for an advantage for himself or another person commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (2) For the purposes of subsection (1), a public officer shall be presumed until the contrary is proved, to have made use of his office or position for an advantage where he has taken any decision or action in relation to any matter in which he, or a relative or associate of his, has a direct or indirect interest. (3) This section shall not apply to a public officer who- (a) holds office in a public body as a representative of a body corporate which holds shares or interests in that public body; and (b) acts in that capacity in the interest of that body corporate. Conflict of interest. 45. (1) Where a public body in which a public officer is a member, director, employee or is otherwise engaged proposes to deal with any company, partnership or other undertaking in which that public officer has a direct or indirect private or personal interest, that public officer shall forthwith disclose, in writing to that public body, the nature of such interest. (2) Where a public officer or a relative or associate of such public officer has a personal interest in a decision to be taken by a public body, that public officer shall not vote or take part in any proceedings or process of that public body relating to such decision. (3) A public officer who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Treating of public officer. 46. A person who, while having dealings with a public body, offers an advantage to a public officer who is a member, director or employee of that public body commits an offence and shall, on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Receiving gift for a corrupt purpose. 47. A public officer who solicits, accepts or obtains an advantage for himself or for any other person (a) from a person, whom he knows to have been, to be, or to be likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his functions or those of any public officer to whom he is subordinate or of whom he is the superior; or (b) from a person whom he knows to be interested in or related to the person so concerned, commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Protection of public property and revenue, etc. 48. (1) Any person who fraudulently or otherwise unlawfully (a) acquires public property or a public service or benefit; (b) mortgages, charges or disposes of any public property; (c) damages public property, including causing a computer or any other electronic machinery to perform any function that directly or indirectly results in a loss or adversely affects any public revenue or service; or (d) fails to pay any taxes or any fees, levies or charges payable to any public body or effects or obtains any exemption, remission, reduction or abatement from payment of any such taxes, fees, levies or charges, commits an offence. (2) A person whose functions concern the administration, custody, management, receipt or use of any part of the public revenue or public property commits offence if he- (a) fraudulently makes payment or excessive payment from public revenues for- (i) sub-standard or defective goods; (ii) goods not supplied or not supplied in full; or (iii) services not rendered or not adequately rendered; (b) willfully or negligently fails to comply with any law or applicable procedures and guidelines relating to the procurement, allocation, sale or disposal of property, tendering of contracts, management of funds or incurring of expenditures; or (c) engages in a project without prior planning. (3) A person who commits of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (4) For the purposes of this section, “public property” means real or personal property, including public funds, and money of a public body or under the control of, or consigned or due to, a public body. Dealing with suspect property. 49. (1) A person who deals with property that he believes or has reason to believe was acquired in the course of or as a result of corruption or corrupt conduct commits an offence and shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (2) For the purposes of this section, a person deals with property if he- (a) holds, receives, conceals or uses the property or causes the property to be used; (b) enters into a transaction in relation to the property or causes such transaction to be entered into. (3) In this section, “corrupt conduct” means conduct constituting corruption. Bribery in relation to auctions. 50. (1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or reward for or otherwise on account of that other person refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, commits an offence. (2) Any person who, without lawful authority or reasonable excuse, solicits, accepts or obtains any advantage as an inducement to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, commits an offence. (3) A person guilty of an offence under this section shall on conviction be liable to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. Gifts. 51. (1) A public officer who solicits or accepts any gift, fee or personal benefit from any person as an inducement or reward for anything done or omitted to be done by him in the performance of his duties commits an offence and shall be liable on conviction to a fine five times the value of the gift or benefit or fifty million leones whichever is greater or to imprisonment for a term not less than one year or both such fine and imprisonment. (2) In addition to any punishment prescribed by subsection (1), the Court shall, order that twice the amount or value of the gift, fee or personal benefit solicited or received by the person convicted be paid by him to the Consolidated Fund. (3) Subject to subsection (4), subsection (1) shall not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office. (4) Where a gift or personal benefit exceeds five hundred thousand leones in value or where the total value received directly or indirectly from one source in any twelve month period exceeds five hundred thousand leones, the public officer shall- (a) make a report of that fact to the relevant public body within such time and in such form as may be prescribed by the Commission; and (b) file with his annual declaration of assets and liabilities a statement indicating the nature of the gift or benefit, its source and the circumstances under which it was given or accepted. (5) A public officer who fails to comply with the requirements in subsection (4) commits an offence and shall be liable on conviction to a fine three times the value of the gift or benefit or thirty million leones, whichever is greater or to imprisonment for a term not less than one year. Transfer of proceeds 52. (1) Any person who of corruption, etc.. (a) converts, transfers, or disposes of property knowing such property to be the proceeds of corruption or related offences for the purpose of concealing or disguising the illicit origin of such property or helping any person who is involved in the commission of the offence to evade the legal consequences of his action; or (b) conceals or disguises the true nature, source, location, movement or ownership of or rights with respect to property which is the proceeds of corruption or related offences; or (c) acquires, possesses or uses property knowing that such property is the proceeds of corruption or related offences, commits an offence and is liable on conviction to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (2) Where the Commissioner has reason to believe that any person having illicitly received or acquired an advantage or property, he may by notice addressed to that person or to any other person to whom the advantage, property, the proceeds or money value, or any part of the proceeds or money value, is believed to have been transferred or conveyed by the person suspected of having illicitly received or acquired it or by an agent of such person, directing the person to whom the notice is addressed not to transfer, dispose of or part with the possession of the property or money value specified in the notice. (3) The Commissioner may, subject to subsection (1) issue a notice to any other person to whom the money or property under this section may pass by operation of law. (4) Every notice issued under subsection (2) shall remain in force and binding on the person to whom it is addressed for a period of six months from the date of the notice or, where proceedings for an offence under this Act or any other enactment in relation to the advantage or property commenced against any such person until the determination of those proceedings. (5) A person who has been served with a notice under subsections (2)and (3) who, in contravention of the notice, transfers, disposes of, or parts with, the possession of the sum of money value or a property specified in the notice, commits an offence and shall be liable on conviction to a fine not less than thirty million leones or to imprisonment for a term not less than 3 years or to both such fine and imprisonment. (6) In any proceedings for an offence under this section, it shall be a defence for an accused person if he satisfies the court that- (a) the sum of money or other property was delivered to the Commissioner or Deputy Commissioner or to some other officer of the Commission as directed in the notice; (b) the sum of money or other property specified in the notice was produced to the court and has been retained by such court; (c) the notice was subsequently withdrawn by the Commissioner by notification in writing.
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