The main function of the prosecution section is derived from section 10 (1) (f) of the Corrupt Practices Act (CPA) which provides as follows;
“The functions of the bureau shall subject to the directions of the Director of Public Prosecutions, prosecute any offence under this Act.”
Further, the prosecutors, may use their prosecutorial powers to prosecute any offence under any written law disclosed in the course of investigations of any alleged or suspected corrupt practice or offence under the CPA.
The section is also mandated under section 37 and Section 38 of the CPA, subject to the obtaining of a forfeiture order from the court, to recover all tainted property where a conviction has been obtained against a suspect.
The Director of the Anti-Corruption Bureau has the capacity to sue or to be sued (section 5A of the CPA). Accordingly, the legal section was established to represent the Anti-Corruption Bureau in all civil matters. The civil matters include the following;
- Administrative cases
- Tort cases
- Employment and labor cases
- Contract and commercial cases
Apart from the Attorney General and the legal practitioners employed by the Anti-Corruption, the Director of the Anti-Corruption may instruct any legal practitioner to represent the Director in any civil suit (section 5B of the CPA).
The legal and prosecution section has a duty to protect whistleblowers (section 51A of the CPA. This protection extends to ACB’s witnesses.