The Criminal Code-Part 4

We last looked at the offences against public order some time ago. This week we look at offences against the Administration of lawful authorities.

Official Corruption

If a person who is employed in the public services “corruptly, solicits, receives obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or for any other person” he or she would be liable for imprisonment for three years if found guilty. If the public servant “corruptly gives, confers, or procures or promises or offers to give or confer or attempts to procure” to a public officer or to another person because of an omission the person is also liable to imprisonment for three years.{{more}}

Extortion

If a public officer accepts from any persons any reward apart from his proper pay for the performance of his duty that person, if found guilty, would be liable to imprisonment for three years.

Property for favour

If a person who is employed as a public officer “receives property or benefits of any kind for himself on the understanding expressed or implied” that something will be done in favor of the person then that person would be liable, if found guilty, to imprisonment of six months.

False claims

If a person makes false claim in statement or return to the effect that sums of money are payable to him that person would be liable to imprisonment for two years if found guilty.

Abuse of office

If a public officer does anything which is “arbitrary or prejudicial to the rights of another person” in his performance of his job in the public service that person would have abused his authority. If that person is found guilty that person would be liable to imprisonment for two years. Where the person made some gains by acting against the person he or she would be liable to imprisonment of three years if found guilty. For a person to be prosecuted for abuse of office the Director of Public Prosecutions must give his consent.

False Certification

If a public officer charged with the authority to issue certificates gives a certificate which he knows is false in any material way that person is liable to imprisonment for two years if found guilty.

Assuming authority falsely

A person would be liable to imprisonment for two years if he pretends to be a judicial officer. If he acts as a person in authority and performs some duties falsely such as administering an oath, or taking a solemn declaration, affirmation, or affidavit or where he does anything that should be done by a public officer.

Personation of public officer

Any person who falsely represents himself to be a public officer and who carries out an act and attends any place as if he were the public officer will be liable for imprisonment for three years if found guilty.

Threats to public officer

Any person who threatens a public officer in an attempt to induce that officer to do an act or to delay an action relating to the exercise of a function performed by the public officer that person would be liable, if found guilty, to imprisonment of two years.

l Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com