Section 39 EFCC Act 2004
Section 39 of the EFCC Act 2004 is about Protecting informants and information, etc and penalty for false information.
(1) Officers of the Commission cannot be compelled to disclose the source of information or identity of their informants except by the order of the court
(2) Any person who makes or causes any other person to make to an officer of the Commission or to any other Public Officer, in the course of the exercise by such Public officer of the duties of his office, any statement which to the knowledge of the person making the statement, or causing the statement to be made
(a) is false, or intended to mislead or is untrue in any material particular; or
(b) is not consistent with any other statement previously made by such person to any other person having authority or power under any law to receive, or require to be made such other statement notwithstanding that the person making the statement is not under any legal or other obligation to tell the truth, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand naira or to imprisonment for a term not exceeding two (2) years or to both such fine and imprisonment.
(c) Where any person who has made a statement to an officer of the Commission or to the Attorney-General, in the course of such officer or Attorney-General exercising any power conferred by this Act, subsequently thereto makes any other statement to any person having authority or power under any law to receive or require to be made such other statement regardless of whether or not the person making the statement is under a legal or other obligation to tell the truth, he shall, if such other statement is inconsistent with any statement previously made to an officer of the Commission or such other Public Officer, be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand Naira or to an imprisonment for a term not exceeding two years or both.
(d) For the purpose of sub-section (1) and (2), any statement made in the course of any legal proceedings before any court, whether civil or criminal, or any statement made by any person in the course of any disciplinary proceedings, whether such legal proceedings or disciplinary proceedings are against the
person making the statement or against any other person, shall be deemed to be a statement made to a person having authority or power under the law to receive the statement so made.
