Section 44, The Anti-Corruption Act, 2000

A witness in any proceedings for an offence under this Act shall not be regarded as an accomplice by reason onlyof any payment or delivery by him or on his behalf of any advantage to the person accused or, as the case may be, by reason only of payment or, delivery of any advantage by or on behalf of the person accused to him. Presumption of corruption 45. Where, in any proceedings for an offence under this Act, it is proved that the accused gave or accepted an advantage, the advantage shall be presumed to have been given or accepted as such inducement or reward as is alleged in the particulars of the offence unless the contrary is proved. Evidence of pecuniary resources or property 46. The fact that an accused cannot satisfactorily account for any pecuniary resources or property of which he is in possession disproportionate to his official income may be taken by the Court— 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. Alternative conviction 47. If, on the trial of any person for any offence under this Act, the prosecution is unable to prove that the accused is guilty of the offence charged, but it proves that the accused is guilty of some other offence under this Act, the accused may be convicted of that other offence and shall be dealt with accordingly. Attorney- General's consent 48. (1) Except where the prosecution is instituted by himself, no prosecution shall be instituted under this Act without the written consent of the Attorney-General and Minister of Justice. (2) The Attorney-General and Minister of Justice shall be deemed to have given his written consent to any prosecution resulting in a conviction for an alternative offence under section 47. Part VII — ADMINISTRATIVE PROVISIONS Committee of Commission 49. (1) The President shall appoint, with the approval of Parliament, an Advisory Committee on Corruption consisting of seven members, one of whom should be Chairman, but such other committees as may be required to assist the Commission in the performance of its functions under this Act, shall be appointed by the Commission itself from time to time. (2) The Advisory Committee on Corruption shall in addition to any other function, advise the Commission on appointments and discipline, including termination, of staff of the Commission. (3) A Committee appointed under subsection (1) shall have such members and such functions as the Commission shall determined in standing orders made under section 4, so, however, that each committee shall have a majority of members who are neither members nor staff of the Commission. (4) A member of any committee shall be paid such remuneration or allowance as the Commissioner shall, after consultation with the Minister responsible for finance, determine. Staff of Commission 50. (1) The Commission may employ such staff, including investigating officers, as the Commission may consider necessary for the efficient performance of its functions and shall, subject to subsection (2) of section 49, have disciplinary powers in respect of such staff. (2) Public officers may be seconded or otherwise render assistance to the Commission. (3) The 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. Expenses of Commission charged on Consolidated Fund 51. The administrative expenses of the Commission, including the salaries, allowances, gratuities and pensions of the members and staff of the Commission, shall be a charge on the Consolidated Fund. Estimates, accounts and audit of funds 52. (1) Parliament shall, on the basis of annual estimates of expenditure submitted to it by the Commission, provide the Commission with the funds needed for its operations. (2) The Commission shall keep proper books of account and proper records in relation to the funds of the Commission and the books of account and the 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 an auditor appointed by him, within three months after the end of each financial year of the Commission which shall be the same as the financial year of the Government. Independence of Commission 53. Except as otherwise provided in this Act, the Commission shall not, in the performance of its functions, be subject to the direction or control of any person authority. Annual reports of Commission 54. (1) The Commission shall, not later than three months after the end of any year, submit to the President a report of its activities in that year. (2) A report under subsection (1) shall include, among other matters— a. the number and brief account of investigations carried out in the year concerned; b. the number of reports of the Commission referred to the Attorney-General and Minister of Justice under section 36 in the year concerned; and c. the report of the audit conducted by the Auditor-General under subsection (3) of section 52. (3) The President shall cause the report submitted under subsection (1) to be tabled before Parliament. Regulation 55. The Commission may, by statutory instrument, make regulations for the carrying out of the provisions of this Act. Repeal of Cap. 33 56. The Prevention of Corruption Act is repealed. P ASSED IN P ARLIAMENT this 18th day of January, in the year of our Lord two thousand. J.A. CARPENTER, Clerk of Parliament.