(a) a Commissioner who shall be the head of the Commission; and

(b) a Deputy Commissioner, both of whom, shall be appointed by the President, subject to the approval of Parliament.

(2) The Commissioner shall be a legal practitioner having not less than ten years’ practice in his profession with proven

managerial experience and of conspicuous probity.

(3) The Deputy Commissioner shall have proven knowledge, ability and experience of at least ten years in accounting,

banking, financial services or any other relevant profession, and shall be a person of conspicuous probity.

Tenure of Commissioner 4.

(1) The Commissioner and Deputy  Commissioner shall each hold office for a term of five years and

 shall be eligible for re-appointment for another term of five years only.

(2) The Commissioner or Deputy Commissioner may resign his office by written notice addressed to the President.

(3) A resignation is effective upon being received by the President or by a person authorized by the President to receive it.

(4) The Commissioner or Deputy Commissioner, may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind or for stated misconduct.

(5) If it is represented to the President that the question of removing the Commissioner or Deputy Commissioner under subsection

(4) ought to be investigated then the President shall appoint a tribunal which shall consist of a chairman and two other members all of whom shall be persons qualified to hold or have held office as Justices of the Court of Appeal;

(6) The Tribunal shall enquire into the matter in accordance with such procedures as it may determine and shall, not later that three months after its appointment, report on the facts thereof and the findings thereon to the President and recommend to him whether the Commissioner of Deputy Commissioner, as the case may be ought to be removed from office.

(7 While the question of removing the Commissioner or Deputy Commissioner from office is pending before a tribunal under subsection (5), the President may suspend the Commissioner or Deputy Commissioner, as the case may be, from performing the functions of his office, and the suspension shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner or Deputy Commissioner ought not be removed from office.

(8) The Commissioner or Deputy Commissioner shall be removed from office by the President-

(a) if the question of his removal from office has been referred to a tribunal in accordance with subsection (5) and the tribunal has recommended to the President that the Commissioner or Deputy Commissioner ought to be removed from office; and

(b) if his removal has been approved by a twothirds majority in Parliament.

(a) the effective performance of the duties and the proper exercise of the powers of the Commission set out in this Act;

(b) the management of the Commission and the conduct of the staff of the Commission; and

(c) the coordination of the implementation of the national anti-corruption strategy, and may in relation thereto, make standing orders, not inconsistent with this Act.

(2) Subject to section 19, the Commissioner shall account to the people of Sierra Leone for the conduct of the national campaign against corruption.

(3) In the absence of the Commissioner, the Deputy Commissioner shall have power to perform all the functions of the Commissioner and in the absence of the Commissioner and the Deputy Commissioner, a director generally or specifically authorized by the Commissioner, shall perform the functions of the Commissioner.

(2) Where a public body considers that the changes in practices and procedures as contained in the instructions would be impracticable or otherwise disadvantageous to the effective discharge of its duties, the public body shall make representations to the Commissioner in writing, within seven days of receipt of the instructions.

(3) Upon considering the representations of the public body concerned, the Commission may confirm, vary or cancel the instruction, as it may think appropriate and the Commission’s decision shall be final.

(4) The head of a public body which fails to comply with the instructions of the Commission or variation thereof commits an offence and shall be liable on conviction to a fine not less than five million leones.

(5) In addition to the penalty prescribed in subsection (4), the head of the public body shall be subject to disciplinary measures including dismissal or removal from office by the appropriate authority notwithstanding the provisions of his letter of appointment or any enactment to the contrary.

(6) The Commission shall inform the appropriate appointing authority of the failure of a public authority to comply with instructions issued pursuant to paragraph (h) of subsection (2) of section 7.

(2) Subject to this Act, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person or authority.

(2) Without prejudice to the generality of subsection (1), such persons or bodies include the Auditor-General, the Accountant-General, the Commissioner-General of the National Revenue Authority, the National Security Adviser, the  Inspector-General of Police, the Chief Executive Officer of the National Public Procurement Authority and, financial institutions.

12. (1) Every department shall be headed by a Director who shall be appointed by the Commissioner with the approval of the Advisory Board on Corruption.

(2) The Commission may employ such other staff as the Commission may consider necessary for the efficient performance of its functions and shall have disciplinary powers in respect of its staff.

(3) Public officers may be seconded or otherwise render assistance to the Commission.

(4) The Directors and other staff of the Commission shall be employed on such terms and conditions as the Commission shall, after consultation with the Minister responsible for finance determine.

(a) not later than thirty days after the date of his appointment;

(b) not later than 31st December in every year until the expiration or termination of his appointment; and

(c) upon the determination of his appointment, deposit with the Commission a sworn declaration of his assets and

liabilities in such form as the Commission may prescribe.

Confidentiality.

14. (1) The Commissioner, Deputy Commissioner and every officer shall maintain confidentiality and secrecy of any matter, document, report and other information relating to the administration of this Act that becomes known to him, or comes in his possession or under his control.

(2) Except in accordance with this Act, or as otherwise authorised by law, neither the Commissioner, Deputy Commissioner nor any officer of the Commission shall-

(a) divulge any information obtained in the exercise of a power, or in the performance of a duty under this Act;

(b) divulge the source of such information or the identity of any informer or the maker, writer or issuer of a report given to the Commission.

(3) Notwithstanding subsections (1) and (2), the Commissioner may disclose, for the purposes of publication in the media, such information as he considers necessary in the public interest.

(4) For the purposes of an investigation under this act in respect of an offence committed in Sierra Leone, the Commissioner may, impart to an agency in Sierra Leone or elsewhere, such information, other than the source of the information, as may appear to him to be necessary to assist an investigation into any offence.

(5) Any person who, without lawful excuse, fails to comply with this section is guilty of an offence and 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.

(6) The Commissioner, Deputy Commissioner and every officer shall take such oath as may be prescribed by the Commission.

(a) monies appropriated for the purpose of the Commission; and

(b) subject to subsection (2), grants, gifts, donations or bequests made to and accepted by the Commission; and

(c) funds derived from or accruing to it from any other source.

(2) No gift, grant, donation or bequest shall be accepted by the Commission if it is made on condition that the Commission performs any function or discharges any duty or obligation other than a function, duty or obligation aimed at achieving its objects, or on any condition determined solely by the donor.

(3) All gifts, grants, donation or bequest received under subsection (2) shall be credited to the General Fund.

(2) The Commission shall keep proper books of account and proper record in relation to the funds of the Commission and the books of account and records shall be in such form as the Auditor-General shall approve.

(3) The books of account of the Commission shall be audited by the Auditor-General or by an auditor appointed by him.

(4) The audit shall be completed within two months after the end of each financial year of the Commission which shall be the same as the financial year of the Government.

(2) The Commission shall cause the report submitted under subsection (1) to be tabled before Parliament.

(3) A report under subsection (1) shall include -

(a) the number and a detailed account of investigations carried out in the year;

(b) the investigations which the Commission has decided to discontinue;

(c) investigations which have lasted more than six months;

(d) the number and status of matters pending inthe courts;

(e) key prevention measures instituted or implemented during the year;

(f) key education and community relations activities undertaken during the year; and

(g) the report of the audit conducted under subsection (3) of section 18.

the Commission in respect of any decision taken or any act done or omitted to be done in good faith in the performance of any function under this Act.

(2) The members of the Advisory Board on Corruption shall be appointed from among persons representing civil society,professional bodies, religious organizations, educational institutions, chieftaincy institutions and the media, having relevant experience and of conspicuous probity.

(3) The members of the Advisory Board on Corruption shall elect a chairman from among themselves.

(4) The Advisory Board on Corruption shall in addition to any other function-

(a) advise the Commission on any aspect of the mandate and functions of the Commission;

and

(b) annually assess the work of the Commission and advise the Commission on it.

(5) Members of the Advisory Board on Corruption shall be appointed for a term of five years and shall be eligible for reappointment for another term only.

(6) A member of the Advisory Board on Corruption may resign his office by written notice to the President.

Commission in the performance of its functions.

(2) A Committee appointed under subsection (1) shall have such members and such functions as the Commission shall determine in standing orders made under section 5, so, however, that each committee shall have a majority of members who are neither members nor staff of the Commission.

Allowances.

24. A member of any committee appointed under this Part shall be paid such remuneration or allowance as the Commissioner shall, after consultation with the Minister responsible for finance, determine.

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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(2) An agent who, to the detriment of hisprincipal, 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 andimprisonment.

(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.

(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.

(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.

(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.

(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.

(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.

(a) is under investigation; or

(b) is related to any person who is under investigation; or

(c) is suspected to have or to have had any business or other dealings with any person who is under investigation, under this Act to furnish to the investigating officer a statutory declaration or statement in writing enumerating-

(i) any property, moveable or immoveable, as may be specified by the Commission being property belonging to or possessed by or which at any time belonged to or was possessed by such person, his agents or trustees;

(ii) all expenditure incurred by such person in respect of himself, his spouse of spouses, parents, or children with regard to living expenses and other private expenditure during any period specified by the Commission;

(iii) all liabilities incurred by such person, his agents or trustees during the period specified by the Commission and specifying in respect of each such liability whether it was incurred jointly (and if so, with whom) or severally.

(2) The Commission may also require such person or persons as may be specified by it to furnish the investigating

officer with a statutory declaration or a statement in writing-

(a) of all income earned during a specified period; and

(b) the tax paid on such income.

(3) Any person specified in subsection (1) may be required to furnish to the investigating officer a statutory declaration or statement in writing-

(a) of all moneys or other movable property or properties kept in his home or elsewhere in Sierra Leone; and

(b) of all moneys or other moveable property or properties sent out of Sierra Leone by him or on his behalf during the period specified by the Commission.

(4) Any person required under subsection (1) to furnish information in respect of his movable or immovable property shall specify in respect of each such property whether it is or was possessed jointly (and, if so, with whom) or severally; and specify the dates upon which each such property was acquired and whether by purchase, gift, bequest, inheritance or otherwise, and where it was acquired by purchase, specifying the consideration paid for it.

(5) The declarations filed with the Commission and the records of the Commission in respect of those declarations are secret and confidential and shall not be made public, except where a particular declaration or record is required to be produced for the purpose of, or in connection with any court proceedings against, or inquiry in respect of a declarant under this Act, the Commissions of Inquiry.

(a) to appear before it and to answer orally on oath or affirmation any question relevant thereto; and

(b) on demand by the Commission to produce or deliver or otherwise furnish the original or copy of any document in his possession or under his control or to which he may reasonably have access (not being a document readily available to the public) which may be relevant to such investigation.

(2) For the purposes of subsection (1), the Commissioner, the Deputy Commissioner or any investigating officer of the Commission authorized in that behalf by the Commissioner shall administer the oath or affirmation.

(3) Any person on whom a notice is served under subsection (1) shall, notwithstanding the provision of any law to the contrary, or any oath of secrecy, comply with such notice.

(4) Any person who without reasonable excuse neglects or fails to comply with a notice under subsection (1) commits an offence and shall be liable on conviction 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.

(2) The Commission may, by notice in writing under the hand of the Commissioner, require any financial institution or officer of a financial institution to produce any banker's books, safe-deposit boxes, copies of any bank accounts or any documents relating to any person who is under investigation or of his relative or any other person who has or has had dealings (business or otherwise) with such person, at the financial institution as shall be named in the notice.

(3) A person who is required under this section to disclose any information or to produce any accounts, books, documents or articles shall, notwithstanding the provision of any law to the contrary or any oath of secrecy, comply with such requirement.

(4) A person who fails to comply with the terms of a notice under subsection (1) commits an offence and shall be liable on conviction 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.

(2) Where it is impracticable to serve notice in accordance with subsection (1), notice may be effected through private courier, or electronically or by advertisement in at least two newspapers published in Sierra Leone or by broadcast on a radio station in the locality of his last known place of business or residence.

(2) The Commission may attach such terms and conditions as it thinks fit to its consent for the disposal of, or other dealings with, any property specified in a notice under subsection (1).

(3) A notice under subsection (1) shall have effect from the time of service upon the person to whom it is addressed and shall continue in force for a period of six months unless cancelled by the Commission.

(4) Nothing in subsection (3) shall prevent the Commission from making any further order or orders, as the case may be, in respect of the same property.

(5) For the purposes of this section, "property" includes any money deposit, share account, club account, subscription account, investment account, bank account or any other property, whether movable or immovable.

(6) A person on whom a notice has been served in accordance with this section commits an offence if he disposes of or otherwise deals with any such property without the written consent of the Commission.

(7) A person convicted of an offence under subsection (6) shall 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) A notice under subsection (1), shall be served on the third party to whom it is directed and on the person being investigated and the Commission may in issuing a notice-

(a) impose such condition; or

(b) exempt such property from the operation thereof, as it thinks fit, but subject to paragraphs (a) and (b), the third party on whom a notice is served shall not dispose of or otherwise deal with any property specified in the notice except in accordance with the terms of the notice.

(3) A notice issued under this section shall have effect from the time of service upon the person to whom it is addressed and shall continue in force for a period of twelve months unless cancelled or varied by the Commission.

(4) A third party on whom a notice has been served under subsection (1) commits an offence, if he knowingly disposes or deals with any property specified in the notice without the consent of the Commission.

(5) Any person who is guilty of an offence under subsection (4) shall, on conviction thereof, be liable to a fine not less than thirty million leones or the value of the property disposed of or otherwise dealt with whichever is greater, or to imprisonment for a term not less than three years.

(2) Where any property specified in a restriction notice is immovable property, such restriction notice shall be deemed to be an instrument affecting land and shall be registrable as such in a register kept in the office of the Registrar-General.

(3) Where any property specified in a restriction notice includes any debt or obligation due by a financial institution to the person to whom the notice is given, the Commissioner may serve on such financial institution, a copy of that restriction notice which copy shall have the effect of directing the financial institution with respect to the person specified in such copy not to pay, liquidate, satisfy, settle or discharge that debt or obligation either in whole or in part without the consent of the court.

(a) to surrender his travel documents forthwith to the Commissioner; and

(b) to enter into recognizance with two sureties who are owners of property in Sierra Leone the value of which is not less than fifty million leones, each.

(2) A travel document which is surrendered to the Commissioner under this section may be held for a period of three months from the date on which the notice was issued.

(3) Where it appears that the investigation may not be completed before the expiry of the period of three months, the Commission may renew the notice for such longer period as may be reasonably required.

(4) Where a person who possesses a travel document fails to comply with the notice forthwith, he may thereupon be arrested and taken before the Commission and unless such person complies with the notice, the Commissioner shall by warrant commit him to prison for ten days and thereafter, until the Commission completes the investigation in respect of him.

(5) Subject to subsection (3), a person to whom a notice under subsection (1) is addressed shall not leave Sierra Leone before the expiry of the period of three months from the date of the notice unless-

(a) an application made under section 64 for the return of the travel documents is granted; or

(b) an application made under section 65 for permission to leave Sierra Leone is granted.

(2) A judge shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the Commissioner.

(3) The Commissioner or a judge shall only grant an application made under subsection (1) where the Commissioner or the judge, as the case may be, is satisfied that having regard to all the circumstances, including the interests of the investigation referred to in subsection (1) of section 63, a refusal to grant the application would cause unreasonable hardship to the applicant.

(4) Before an application is granted under this section-

(a) the applicant may be required to-

(i) deposit such reasonable sum of money with such person as may be specified;

(ii) enter into such recognizance with such sureties, if any, as may be specified; or

(iii) deposit such sum of money and enter into such recognizance as may be specified;

(b) such applicant or surety may be required to deposit such property or document of title or instrument thereto with such person as may be specified for retention by that person until such time as any recognizance entered into under this subsection is no longer required or is forfeited.

(5) A recognizance referred to in subsection (4) shall be subject to a condition that the applicant shall appear at such time and place in Sierra Leone as may be specified and at such other time and place in Sierra Leone thereafter as may be further specified.

(6) An application under this section may be granted either without condition or subject to a condition that the applicant shall appear at such time and place in Sierra Leone as may be specified and at such other time and place in Sierra Leone thereafter as may be further specified.

(7) Where a person is permitted to leave Sierra Leone under this section subject to a condition imposed under subsection (5) or (6), then after the time specified under that subsection or (if applicable) after the last of such times, subsection (5) of section 63 shall continue to apply in respect of the person as if the person had not been permitted to leave Sierra Leone under this section.

(2) Where the Commissioner is satisfied that a person who may assist the Commission in an investigation-

(a) has interfered with a potential witness; or

(b) intends to destroy documentary evidence which is in his possession and which he has refused to give to the Commission, the Commission may, in writing under the hand of the Commissioner, direct an investigating officer to arrest that person.

(3) An investigating officer may solicit the assistance of a police officer, in effecting an arrest under this Act.

(a) may be taken to the offices of the Commission;

(b) may be taken forthwith to a detention facility established by the Commission; or

(c) may be taken to a police station and dealt with in accordance with the Act No. 32 Criminal Procedure Act, 1965. of 1965.

(2) A person arrested and taken to the offices of the Commission or detained at a detention facility pursuant to subsection (1) may be-

(a) detained there if the Commissioner considers it necessary for the purpose of further inquiries;

(b) released from custody-

(i) on surrendering his travel documents to the Commission; or

(ii) on depositing such reasonable sum of money as the Commission may require; or

(iii) on his entering into recognizance with such sureties, if any, as the Commissioner may require and conditioned upon the attendance of the person at the offices of the Commission at such time or times as the Commissioner may specify; or

(iv) on condition that he resides at such address as the Commissioner may specify; or

(v) on condition that he attends at the offices of the Commission at such time or times as the Commissioner may specify; or (vi) on any one or more of the conditions set out in sub-paragraphs (i) to (v).

(3) Where a person released from custody under this section fails to attend at the offices of the Commission, the deposit paid or recognizance entered into for release, as the case may be, may be forfeited by a judge upon application by the Commission.

(4) Any person who is detained at the offices of the Commission under this section shall be brought before a court as soon as practicable but not later than ten days after his arrest in accordance with paragraph (a) of subsection (3) of section 17 of the Constitution, unless sooner released on bail.

(5) Any person detained by the Commission for the purposes of further inquiries under paragraph (a) of subsection (2) shall, while being moved to or from any other place in the custody of an investigating officer on the instructions of the Commissioner, be deemed to be in lawful custody.

(6) The Commission may, by statutory instrument, make such provisions as it considers necessary for the treatment of persons detained by the Commission.

(7) In this section, the reference to “Commissioner” in subsections (2), (3) and (5) includes the Deputy Commissioner and, where appropriate, any investigating officer designated by the Commissioner in that behalf.

(a) if that officer has reasonable grounds for believing that any condition upon which that person was so released or otherwise admitted to bail has been or is likely to be broken; or

(b) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the condition that he will appear at the time and place required and for that reason the surety wishes to be relieved of his obligation as surety.

(2) Any person arrested under subsection (1) shall be brought before a judge within twenty-four hours after his arrest or as soon as practicable thereafter.

(3) If it appears to the judge before whom a person is brought under subsection (2) that any condition upon which the person was released or otherwise admitted to bail has been or is likely to be broken, he may-

(a) remand that person in custody; or

(b) admit that person to bail on the same or on such other conditions as he thinks fit.

(a) if he has reasonable grounds for suspecting that such person has committed an offence or is about to commit an offence under this Act and seize any document, material or other thing found on him; or

(b) if he has reasonable grounds for believing that such person has with him or on him any document, material or other thing which is relevant or is likely to be relevant to the investigation and seize any such document, material or other thing found on such person.

(2) A person shall not be searched under subsection (1) except by a person of the same sex.

(2) Where the Commissioner has reasonable cause to believe that there is on any residential property anything which is or contains evidence of the commission of an offence under this Act, he may on application to a judge obtain a warrant for the purpose of the entry and search of that property.

(3) Where a search is effected under subsection (1) or (2), the investigating officer effecting the search may-

(a) seize and take possession of any book, document, computer, computer disk or other article;

(b) inspect, make copies of, or take extracts from, any book, record or document;

(c) search any person who is on the premises, detain him for the purpose of the search, and seize any article found on such person;

(d) break open, examine, and search any article, safe, container or receptacle.

(2) Where the Commission does not propose to use anything obtained or seized under this Part as evidence in any proceedings, it shall make arrangements for such thing to be returned forthwith to the person from whom it was obtained or under whose control or possession it was seized.

(a) the person under investigation the fact of his being investigated or any details of the investigation, including the identity of an informer in the investigation; or

(b) any other person the identity of the person under investigation or the fact that such person is being investigated or the details of the investigation, including the identity of any informer in the investigation, is commits an offence.

(2) A disclosure referred to in subsection (1) shall not be an offence where, in connection with the investigation concerned-

(a) the person under investigation has been requested to furnish a statement in writing under subsection (1) of section 54;

(b) a property restriction notice has been served under subsection (1) of section 59 on the person under investigation;

(c) the person under investigation has been committed to prison under subsection (4) of section 63; or

(d) the person under investigation has been arrested or detained under section 66 or section 67.

(3) Any person who commits an offence under subsection (1) shall be liable on conviction to a fine not less than five million leones or to imprisonment for a term not less than one year or toboth such fine and imprisonment.

(2) The identification documentation issued by the Commission shall be signed by the Commissioner.

(2) The Commission shall issue such guidelines as it considers appropriate to ensure compliance with subsection (1).

(a) a judge or magistrate;

(b) the Ombudsman;

(c) the Director of Public Prosecutions;

(d) the Auditor-General or an auditor appointed by him;

(e) the Accountant-General;

(f) the Commissioner General, National Revenue Authority; or

(g) the Chief Executive of a public body; or

(h) Parliament, is of the opinion that an act constituting an offence under Part IV may have occurred, he or it shall refer the matter to the Commission for investigation.

(2) Where in the course of a police investigation-

(a) it is suspected that an act constituting an offence under Part IV has been committed;

and

(b) the Inspector-General of Police is of the opinion that the matter ought to be investigated by the Commission, the Inspector-General of Police shall refer the matter to the Commission for investigation.

(a) the complaint is frivolous or vexatious; or

(b) the investigation would be unnecessary or futile.

(2) Where the Commission declines to conduct an investigation or proceed further with any investigation into any complaint, the Commission shall inform the complainant, in writing if practicable, of its decision but shall not be bound to assign any reason for its decision.

(2) Where any record, which is given in evidence or liable to inspection in any civil, criminal or other proceedings, contains an entry relating to the informer or the information given by the informer, the Commissioner shall cause all parts relating to the informer or the information given to be concealed from view or to be obliterated so far as may be necessary to protect the identity of the informer.

(3) A person who gives information that results in the conviction of another person, of an offence under this Act shall be paid ten percent of the proceeds of any property forfeited as a result of the conviction.

(b) at the time he makes the disclosure, believes on reasonable grounds that the information he discloses may be true and is of such a nature as to warrant an investigation under this Act, he shall incur no civil or criminal liability as a result of such disclosure.

(2) Subject to subsection (6), where a public officer

(a) discloses to his superior officer or to the Commissioner that an act constituting an offence under Part IV may have occurred within the public body in which he is employed; and

(b) believes on reasonable grounds that the information is true, he shall incur no civil or criminal liability as a result of such disclosure and no disciplinary action shall be instituted against him by reason only of such disclosure.

(3) A person who makes a disclosure under subsection (1) or (2) shall assist the Commission in any investigation which the Commission may undertake in relation to matters disclosed by him.

(4) A person to whom a disclosure is made under subsection (1) or (2) shall not, without the consent of the person making the disclosure, divulge the identity of that person except where it is necessary to ensure that the matters to which the information relates are properly investigated.

(5) A person who commits an act of victimization commits an offence and 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.

(6) A person who makes a false disclosure under subsection (1) or (2) knowing it to be false commits an offence and 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.

(7) In this section, “victimization” includes an act-

(a) which causes injury, damage or loss;

(b) of intimidation or harassment;

(c) of discrimination, disadvantage or adverse treatment in relation to a person’s employment; or

(d) amounting to threat or reprisal.

(2) A Judge may, on his own motion, or at the request of either party, or the witness concerned, order appropriate measures to safeguard the privacy and security of the witness, provided that such measures are consistent with the rights of the accused person.

(3) A Judge may hold in camera proceedings to determine whether to order measures to prevent disclosure to the public of the identity or whereabouts of a witness or persons related or associated with him by such means including-

(a) expunging the names and identifying information from the court’s public records;

(b) non-disclosure to the public of any records identifying the witness;

(c) assignment of a pseudonym to the witness;

(d) holding proceedings in camera.

(4) When making an order under subsection (1), a Judge shall where appropriate state whether the transcripts of those proceedings relating to the evidence of the witness to whom the measures relate shall be made available for use in any other proceedings before the court.

(5) Where protective measures have been ordered in respect of a witness or victim in any proceedings, before the court, such protective measures shall continue to have effect mutatis mutandis in any other proceedings before the court unless and until they are revoked, rescinded, varied or augmented.

(6) A party to any subsequent proceedings seeking to revoke, rescind, vary or augment protective measures shall apply to the court seized of the subsequent proceedings.

(2) A public officer who when requested under subsection (1) to render assistance, without reasonable excuse neglects or fails to render such assistance is guilty of an offence and shall on conviction be liable to a fine not less than five million leones or to imprisonment for a term not less than six months or to both such fine and imprisonment.

(2) Subsection (1) does not apply with respect to a statement made by a person who did not believe it to be true.

(3) In a prosecution for an offence under Part IV or a proceeding under this Act, no witness shall be required to identify, or provide information that might lead to the identification of a person who assisted the Commission or an investigating officer.

(4) In a prosecution for an offence under Part IV or a proceeding under this Act, the court shall ensure that information that identifies or might lead to the identification of a person who assisted the Commission or an investigating officer is concealed from view or obliterated so far as may be necessary to protect the identity of that person.

(a) willfully makes or causes to be made to the Commission a false complaint or report that an offence has been committed under this Act; or

(b) misleads the Commission by giving false information or making a false statement or accusation commits an offence and shall be liable on conviction to a fine not less than five million leones or to imprisonment for a term not less than six months or to both such fine and imprisonment.

(2) An order under this section shall

(a) attach in the hands of any person named in the order all moneys and other property due or owing or belonging to or held on behalf of the suspect;

(b) require the person named in the order to declare in writing to the Commission, within forty eight hours of service of the order, the nature and source of all moneys and other property so attached; and

(c) prohibit the person from transferring, pledging or otherwise disposing of any money or other property so attached except in such manner as may be specified in the order.

(3) Where an order is made under this section, the Commission shall-

(a) cause notice of the order to be published in the next issue of the Gazette and in at least two daily newspapers published in Sierra Leone or broadcast on a radio station in the locality of the suspect’s last known place of business or residence; and

(b) give notice of the order to any other person who may hold or be vested with property belonging to or held on behalf of the suspect.

(2) An indictment relating to an offence under this Act shall be preferred without any previous committal for trial, and it shall in all respects be deemed to have been preferred pursuant to a consent in writing by a judge granted under Act No. 32 subsection (1) of section 136 of the Criminal Procedure Act, 1965 of 1965. and shall be proceeded with accordingly.

(3) On a trial on indictment preferred under this section, an extract of the findings of the Commission, signed by the Commissioner, to the effect that a particular person is, or particular persons are implicated in any offence under this Act shall, without more, be sufficient authority for preferring that indictment in respect of such offence as is disclosed in or based on the report of those findings.

(4) An indictment preferred under this section shall be filed and served on the accused together with the summary of the evidence of the witnesses which the Commission relies on for the proof of the charge contained in that indictment and the names of such witnesses shall be listed on the back of the indictment.

(5) The Commission may, upon giving to the Registrar of the Court and to the accused a notice of its intention to do so together with a summary of the evidence to be given by that witness, call as additional witness any person not listed on the back of the indictment who may give necessary or material evidence at the trial of any indictment under this section, whether or not that person gave any evidence during an investigation by the Commission.

(6) The trial of any offence under this Act shall have priority of hearing in the Court over any other indictment except an indictment for treason, murder or other capital offence.

(2) Any person brought before the Court in pursuance of subsection (1), shall, if he satisfies the Court that he is not preparing or about to leave Sierra Leone, be admitted to bail, on his procuring or producing such surety or sureties as, in the opinion of the judge, will be sufficient to ensure his appearance on such day, and at such time and place on that day, as may from time to time, on his appearing be decided by the judge.

(3) The Court may dispense with sureties if, in its opinion, its so dispensing will not tend to defeat the ends of justice and may order one or more of the following-

(a) that the defendant surrenders his traveling documents to the court pending the trial;

(b) that the defendant reports at a local police station at such times as the court may determine;

(c) that the defendant gives a definite place of abode or residence where he shall live and sleep;

(d) that the defendant may be subjected to curfew if the court deems it fit.

(a) as corroborating the testimony of any witness giving evidence in such proceedings that the accused accepted or solicited any advantage; and

(b) as showing that such advantage was accepted or solicited as an inducement or reward.

(2) For the purposes of subsection (1) a person accused of an offence under Part IV, other than section 27, shall be presumed to be or to have been in possession of pecuniary resources or property, or to have obtained an accretion thereto, where such resources or property are or were held, or such accretion was obtained, by any other person whom, having regard to his relationship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.

(a) he did not actually have the power, right or opportunity to do so or abstain;

(b) he accepted the advantage without intending so to do or abstain; or

(c) he did not in fact so do or abstain.

(2) If in any proceedings for an offence under this Act, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account of that other person's doing or abstaining from doing, or having done or abstained from doing, any act as is referred to in this Act, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or abstain from doing, it shall be no defence that such other person had no such power, right or opportunity.

(2) In making a forfeiture order the court may give directions-

(a) for the purpose of determining any dispute as to the ownership of or other interest in the property or any part thereof;

(b) as to the disposal of the property.

(3) Upon application to the court by a person against whom a forfeiture order has been made under this section, the court may order that a sum deemed by the court to be the value of the property so ordered to be forfeited be paid by that person to the court and upon satisfactory payment of that sum by that person the property ordered to be forfeited shall be returned to him.

(a) that any document relevant to-

(i) identifying, locating or quantifying property of that person;

(ii) identifying or locating any document necessary for the transfer of property to that person, be delivered forthwith to the Commission;

(b) a financial institution forthwith to produce to the Commission all information obtained by the institution about any business transaction conducted by or for that person with the institution during such period before or after the date of the order as the court directs;

(c) upon being satisfied by the Commission that any person is failing to comply with, is delaying or is otherwise obstructing an order made in accordance with paragraph (a) or

(b), that the Commission may enter any premises and remove any document material or other thing therein for the purposes of executing such order.

(2) Where a person produces or delivers a document pursuant to an order under this section, the production or delivery of the document or any information, document or thing obtained as a direct or indirect consequence of the production or delivery of the document, is not admissible against the person in any proceedings except a proceeding for an offence of failing to comply with an order of a court.

(b) for a person who is the subject of an order made under paragraph (a) or (b) of subsection (1) of section 99 to disclose the existence or operation of the order to any person except to an officer or agent of the Commission or any law enforcement authority named in the order, for the purposes of ensuring that its order is complied with or a legal practitioner, for the purpose of obtaining legal advice or representation in relation to the order.

(a) execute the request; or

(b) inform the foreign State making the request of any reason-

(i) for not executing the request forthwith; or

(ii) for delaying the execution of the request.

(b) to search the person of any person named in the warrant, and remove any document or material for the purpose of executing the request as directed in the warrant.

(2) The court shall not issue a warrant unless it is satisfied that-

(a) the documents emanating from the foreign State and accompanying the request in support of the application are duly authenticated;

(b) there are reasonable grounds to believe that a corruption offence has been committed in the requesting State; and

(c) that the warrant is necessary for the purpose of the investigation or prosecution, as the case may be.

(i) identifying, locating or quantifying any property;

(ii) identifying or locating any document necessary for the transfer of any property, belonging to, in the possession or under the control of any person named in the request be delivered to the Commission.

(b) that a financial institution forthwith produce to the Commission all information obtained by the institution about any business transaction conducted by or for a person named in the request with the institution during such period before or after the date of the order as the court directs;

(a) freezing the property of or in the possession or under the control of the person named in the request for such period as is indicated in the order;

(b) giving directions as to the disposal of that property for the purpose of-

(i) determining any dispute as to ownership of or interest in the property or any part thereof;

(ii) its proper administration during the period of freezing;

(iii) the payment of debts, incurred in good faith, due to creditors prior to the request;

(iv) the payment of moneys to that person for the reasonable subsistence of that person and his family; and

(v) the payment of costs and other expenses to defend any criminal proceedings referred to in the request; and

(c) forfeiting the property of or in the possession or under the control of any person named in the request.

(2) An application under subsection (1) shall be accompanied by the request from the foreign State and-

(a) an authenticated copy of an order of the court in the requesting foreign State ordering the freezing of property of a person who has been charged with a relevant offence in the requesting State; or

(b) an affidavit of a competent officer in or of the requesting State stating that a person has been charged with a relevant offence in that State.

(3) For the purposes of this section, a relevant offence is an offence constituted by an act or omission which, had it occurred in or within Sierra Leone would have constituted a corruption offence.

(4) This section shall apply only to property coming into the possession or under the control of a person after the commencement of this Act.

(2) Upon being served with an order issued in accordance with subsection (1), the person served shall, for the purposes of the order either-

(a) deliver himself to the jurisdiction of the Court; or

(b) deliver himself to the jurisdiction of the Court of the requesting State, in accordance with the directions in the order.

(3) If a person served with an order issued in accordance with subsection (1) elects to deliver himself to the jurisdiction of the Court of the requesting State and fails to comply with any direction in the order, he shall be deemed immediately to have delivered himself to the jurisdiction of the Court as provided in paragraph (a) of subsection (2).

(4) The Court shall conduct such proceedings as are necessary to take the evidence of the person delivering himself to the jurisdiction of the Court pursuant to paragraph (a) of subsection (2) and the evidence shall subsequently be transmitted by the Court to the foreign State.

(a) the action sought by the request is Act No. 6 contrary to, or is likely to be contrary of 1991. to, the Constitution;

(b) the execution of the request is likely to prejudice the national interest;

(c) under the law of the requesting State the grounds for refusing to comply with a request from another State is substantially different from paragraph (a) or (b).

(a) which he considers may be able to provide evidence or information relating to a corruption offence; or

(b) for the freezing and forfeiture of property located in that State and which is liable to be forfeited by reason of it being the proceeds of a corruption offence.

(2) Where the foreign State, to which a request for assistance is made under subsection (1), requires the request to be signed by an appropriate competent authority, the Commissioner shall, for the purposes only of making such a request, be considered as the appropriate competent authority.

(a) it purports to be signed or certified by a Judge, Magistrate or officer in or of the requesting State; and

(b) it purports to be authenticated by the oath or affirmation of a witness or to be sealed with an official or public seal -

(i) of a Minister, Department of State or Department or officer in or of the Government of the requesting State; or

(ii) in the case of a territory, protectorate or colony, of the person administering the Government of the requesting territory, protectorate or colony, or of a person administering a department of that territory, protectorate or colony.

(a) confirm either that an investigation or prosecution is being conducted in respect of a suspected corruption offence or that a person has been convicted of any such offence;

(b) state the grounds on which any person is being investigated or prosecuted for any corruption offence, or give details of the conviction of the person for a corruption offence;

(c) give sufficient particulars of the identity of the person;

(d) give particulars sufficient to identify any financial institution or other person believed to have information, documents or material which may be of assistance to the investigation or prosecution;

(e) request assistance to obtain from a financial institution or other person all and any information, documents or material which may be of assistance to the investigation or prosecution;

(f) specify the manner in which and to whom any information, document or material obtained pursuant to the request is to be produced;

(g) state whether a freezing order or forfeiture order is required and identify the property to be the subject of such an order; and

(h) contain such other information as may assist the execution of the request.

Asset sharing.

117. Where the Minister responsible for finance considers it appropriate, either because an international arrangement so requires or permits or in the interest of comity, he may order that the whole or any part of any property forfeited under this Part, or the value thereof, be given or remitted to the requesting State.

(b) for any person who knows or has reasonable grounds for believing that an investigation into a corruption offence has been, is being or is about to be made, or that an order has been made or may be made requiring the delivery or production of any document under this Part to divulge that fact or other information to another person whereby the investigation is likely to be prejudiced.

(2) Every person who at the commencement of this Act is a public officer shall within three months of commencement of this Act deposit with the Commission a sworn declaration of his income, assets and liabilities and thereafter not later than 31st March in each succeeding year that he is a public officer, he shall deposit further declarations of his income, assets and liabilities.

(3) In the case of every person who ceases to be a public officer, at any time after the commencement of this Act, on the first anniversary of the date on which he ceases to be a public officer he shall file in respect of his assets, income and liabilities, covering the period from the date of his last declaration to the date on which he is required by this paragraph to furnish a declaration.

(4) Notwithstanding the provisions of subsection (1), the Commission may in any particular case, for good cause, extend the time for the furnishing of a declaration for a period not exceeding six months.

(5) A declaration required under this Part shall include such particulars as are known to the declarant of the assets, income and liabilities of himself, of his spouse and of his children:

Provided that-

(a) if the spouse was not ordinarily living with the declarant for a continuous period of two years during the period in relation to which the declaration is made; or

(b) if a child of the declarant was not ordinarily living with the declarant at any time during the period in relation to which the declaration is made, the particulars required to be furnished by this subsection shall be limited to assets held by the spouse or child (as the case may be) in trust for, or as agent of the declarant, so, however, that nothing in this subsection shall be construed as precluding the Commission from requiring from a declarant any additional particulars the Commission may think fit.

(6) Where a public officer who is required to furnish a declaration fails to do so in accordance with this section or without reasonable cause, fails to furnish details in accordance with the prescribed form, the Commission shall publish such fact in the Gazette and in at least two daily newspapers published in Sierra Leone or broadcast such fact on a radio station in the locality of such public officer’s last known place of residence .

(7) The Commission may at any time after publication in the Gazette pursuant to subsection (6), make an ex parte application to the Court for an order directing such person to comply with the Act and the Court may, in addition to making such order, impose such conditions as it thinks fit.

(8) Where a public officer holds money or other property in trust for another person, he may so state in his declaration, but shall not be required to disclose the terms of the trust.

(9) For the purposes of a declaration under this Part, the income, assets and liabilities of a person in public life include the income, assets and liabilities acquired, held or incurred by any other person as his agent or on his behalf.

(10) Subject to this Act, Parliament may by resolution apply this section to any other persons employed by the Government not mentioned herein.

(11) Before passing the resolution referred to in subsection (10), Parliament shall give a reasonable opportunity to public appointees and public officers affected thereby to express their views, and shall duly take such views into consideration.

(12) Any person to whom this section applies shall, from the date of such application, be deemed to be a public officer and this Act regarding the furnishing of declarations to the Commission and other matters relating to public officers shall apply to him in like manner.

(13) Subject to this Act, the Commissioner, Deputy Commissioner, Directors and other persons having an official duty under this Act, or being employed in the administration of this Act, shall deal with all documents and information, and all other matters relating to a declaration under this Part, as secret and confidential, except where a particular declaration or record is required to be produced for the purpose of, or in connection with any court proceedings against, or inquiry in respect of a declarant under this Act, the Commissions of Inquiry.

(14) The Commissioner, Deputy Commissioner Directors and other persons referred to in subsection (13) shall make and subscribe such oath of secrecy as the Commission may prescribe.

(15) The declaration shall be in such form as the Commission may prescribe.

(2) Where upon an examination under subsection (1), the Commission is satisfied that a declaration has been fully made, it shall publish or cause to be published a certificate in the Gazette in the form prescribed by the Commission.

(3) Where the Commission publishes or causes to be published a certificate under subsection (2), any person may make a written complaint to the Commission in relation to that certificate.

(b) knowingly makes any false statement in such declaration;

(c) fails without reasonable cause to give such information or explanation as the Commission may require;

(d) after a certificate in respect of a declaration has been published in the Gazette pursuant to subsection (2) of section 121, publishes any statement whatever (orally or in writing) challenging the accuracy of that certificate or the honesty or credibility of the declarant, otherwise than by way of a complaint to the Commission;

(e) contrary to section 120, discloses or makes known to any person any information contained in any such declaration otherwise than in accordance with this Act or any other enactment;

(f) makes any frivolous, vexatious or groundless complaint to the Commission in relation to a declaration or a certificate in respect of such declaration; or

(g) fails without reasonable cause to attend an investigation being conducted by the Commission pursuant to section 122, or knowingly gives any false information in such investigation, commits an offence and shall be liable on conviction to a fine not less than twenty million leones or to imprisonment for a term not less than one year or to both such fine and imprisonment.

(2) A forfeiture order made in relation to the interest applies as if the order took effect immediately before the person died.

(3) If a restriction notice ceases to apply to an interest in property without a forfeiture order being made in relation to the interest, subsection (1) is taken not to have applied to the interest.

(a) make an order declaring all or part of the scheme void; or

(b) make an order varying the operation of all or part of the scheme.

(2) The court may also make such orders as the court considers just in the circumstances for consequential or a related matter or for giving effect to any order of the court under this section, including any order about the following-

(a) any disposition of property;

(b) the payment of money;

(c) the sale or other realisation of property and the disposition of the proceeds;

(d) the creation of a charge on property in favour of any person and the enforcement of the charge created.

(3) In this section-

(a) "defeating" includes avoiding, preventing and impeding;

(b) "scheme" includes-

(i) any agreement, arrangement, promise, understanding or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

(ii) any action, course of action, course of conduct, plan or proposal.

(2) Any person who commits an offence for which no penalty is provided 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.

(2) The public officer ceases to be suspended if the proceedings against him are discontinued or if he is acquitted.

(3) This section does not derogate from any power or requirement under any law under which the public officer may be suspended without pay or dismissed.

(4) This section does not apply with respect to an office in respect of which the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.

(2) The public officer ceases to be suspended if the conviction is overturned on appeal.

(3) The public officer shall be dismissed if-

(a) the time period for appealing against the conviction expires without the conviction being appealed; or

(b) the conviction is upheld on appeal.

(4) This section does not apply to an office in respect of which the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.

(2) Where a public officer is convicted of corruption or economic crime, the Commissioner may, in the report made pursuant to subsection (1), make such recommendations as to possible disciplinary action to be taken against such public officer as he may deem appropriate.