Receiving gifts without proper disclosure… ACC Probes Andrew Jaiah Kaikai

The Anti-Corruption Commission has opened an investigation into a statement made by the former Chief Immigration Officer, Andrew Jaiah Kaikai, during his Parliamentary vetting that he received three vehicles as gifts from a friend while serving as Chief Immigration Officer.

The three vehicles including Mercedes G-wagon, Toyota fortune and Toyota Land Cruiser and are currently in the ACC custody pending the investigation.

During his Parliamentary vetting, the proposed Executive Director of the National Drugs Law Enforcement Agency, Andrew Jaiah Kaikai, confirmed to the Parliamentary Committee on Appointments and Public Service that he received 3 luxurious gifts, including a Mercedes G-wagon, Toyota Land Cruiser and Toyota fortune from a friend while serving as the Country’s Chief Immigration officer.

This startling revelation sparked public criticism in several social media platforms with the views that the gifts are huge and need to be investigated.

The ACC wasted no time to launch an investigation into the said issues.

According to the section 51 of the ACC Act: (1) A public officer who solicits or accepts any gift, fee or personal benefit from any person as an inducement or reward for anything done or omitted to be done by him in the performance of his duties commits an offence and shall be liable on conviction to a fine five times the value of the gift or benefit or fifty million leones whichever is greater or to imprisonment for a term not less than one year or both such fine and imprisonment.
(2) In addition to any punishment prescribed by subsection (1), the Court shall, order that twice the amount or value of the gift, fee or personal benefit solicited or received by the person convicted be paid by him to the Consolidated Fund.
(3) Subject to subsection (4), subsection (1) shall not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of office.
(4) Where a gift or personal benefit exceeds five hundred thousand leones in value or where the total value received directly or indirectly from one source in any twelve month period exceeds five hundred thousand Leones, the public officer shall-
(a) make a report of that fact to the relevant public body within such time and in such form as may be prescribed by the Commission; and
(b) file with his annual declaration of assets and liabilities a statement indicating the nature of the gift or benefit, its source and the circumstances under which it was given or accepted.
(5) A public officer who fails to comply with the requirements in subsection (4) commits an offence and shall be liable on conviction to a fine three times the value of the gift or benefit or thirty million leones, whichever is greater or to imprisonment for a term not less.

The Anti-Corruption Commission (ACC) of Sierra Leone in a statement issued a reminder to all government Ministries, Departments, and Agencies (MDAs) about the requirement to develop and maintain Gift Registers. This reminder is based on Section 51(4) of the Anti-Corruption Act, which mandates all public institutions to keep a record of gifts valued at Five Thousand (New) Leones and above that their staff receive.

In accordance with the Act, public officers who receive gifts exceeding Five Million (Old) Leones or where the total value from a single source within a twelve-month period surpasses Five Million (Old) Leones must report this to the relevant public body within the specified timeframe.

The Act also necessitates public officers to include a statement in their annual declaration of assets and liabilities, disclosing the nature of the gift, its source, and the circumstances under which it was given or accepted. Failure to comply with these requirements constitutes an offense, and offenders may face penalties of a fine three times the gift’s value or Fifty Million (Old) Leones, along with a minimum one-year imprisonment.

The ACC emphasizes its commitment to enforcing these provisions, and any public officer failing to declare a gift valued at Five Thousand (New) Leones or above may face legal action.