Chapter 2: | Conceptual Issues in Definitions of Corruption and Good Governance |
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Further, where a person is convicted of an offence under the Anti-Corruption Commission Act 1996, the courts will, in addition to handing out any one or more of the three general penalties spelt out above, order the convicted person to pay to the rightful owner the amount or value, as determined by the court, of any gratification received by him.54 Here, the court order is deemed to form part of the sentence.55 And where any gratification has been given by a person to or for or on account of an agent in contravention of any provisions of the Anti-Corruption Commission Act 1996, the principal can recover, as a civil debt, the amount or value of such gratification from the agent, and the acquittal of the agent or such other person in respect of the offence will not operate as a bar to any proceedings for the recovery.56