CHAPTER 12 : SCRUTINY OF EXERCISE OF STATE POWERS
Part 1 : Proprietary Scrutiny
Section 259. Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:
(1) Prime Minister;
(2) Ministers;
(3) members of the House of Representatives;
(4) senators;
(5) other political officials;
(6) local administrators and members of a local assembly as provided by law.
The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year.
The submission of an account showing particulars of assets and liabilities under paragraph one and paragraph two shall also include assets of persons holding political positions placed under possession or care of third persons, whether directly or indirectly.
Section 260. The account showing particulars of assets and liabilities under section 259 shall disclose the particulars of assets and liabilities actually in existence as of the date of taking office or the date of vacation of office, as the case may be, and shall be submitted within such time as follows:
(1) in the case of the taking of office, within thirty days as from the date of taking office;
(2) in the case of the vacation of office, within thirty days as from the date of the vacation of office;
(3) in the case where the person under section 259, whom has already submitted the account, is deceased while being in office or before submitting the same after the vacation of office, an heir or an administrator of an estate of such person shall submit an account showing the particulars of assets and liabilities existing on the date of such person’s death within ninety days as from the date of the death.
In addition to the submission of the account under (2), the person holding a position of Prime Minister, Minister, local administrator, member of a local assembly or the person holding a political position, who has vacated office, shall also re-submit an account showing particulars of assets and liabilities, actually in existence at the expiration of one year as from the vacation of office, within thirty days as from the date of the expiration of such one-year period.
Section 261. The account showing particulars of assets and liabilities and supporting documents submitted by the Prime Minister, a Minister, a member of the House of Representatives and a senator shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the person holding any other position may be disclosed only where the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts, interested persons or the State Audit Commission.
The President of the National Counter Corruption Commission shall convene a meeting of the Commission to examine the accuracy and the actual existence of assets and liabilities without delay.
Section 262. In the case where the submission of the account is made by reason of the vacation of office or death of any person holding a political position, the National Counter Corruption Commission shall examine the change of assets and liabilities of such person and prepare a report of the examination.
Such report shall be published in the Government Gazette.
In the case where it appears that the assets of the person holding the position under paragraph one have unusually increased, the President of the National Counter Corruption Commission shall furnish all documents together with the examination report to the Prosecutor-General to institute an action in the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions so that the unusually increasing assets shall vest in the State and the provisions of section 272 paragraph five shall apply mutatis mutandis.