OFFENCES OF CORRUPTION: CORRUPTION RELATED OFFENCES UNDER THE CODE OF CONDUCT

TOPIC OF THE DAY

- CODE OF CONDUCT FOR PUBLIC OFFICERS WITH KEY PROVISIONS

- CODE OF CONDUCT BUREAU WITH KEY PROVISIONS

- CODE OF CONDUCT TRIBUNAL WITH KEY PROVISIONS

Code of Conduct for Public Officers in Nigeria

The Code of Conduct for Public Officers in Nigeria is a set of rules and principles designed to guide the behavior and actions of public officers in the country. These rules aim to promote integrity, accountability, and transparency in public service. The Code of Conduct is outlined in the Fifth Schedule of the 1999 Constitution of the Federal Republic of Nigeria and is enforced by the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT). See the case of Federal Republic of Nigeria v. Bola Ahmed Tinubu where the former Governor of Lagos State, Bola Ahmed Tinubu, was charged before the Code of Conduct Tribunal for allegedly operating foreign bank accounts while in office, in violation of Section 7 of the Code of Conduct for Public Officers. The charges were later dismissed due to procedural issues and also Code of Conduct Bureau v. Orji Uzor Kalu where the former Governor of Abia State, Orji Uzor Kalu, was accused of failing to declare his assets as required by law. The case underscored the importance of asset declaration as a tool to prevent corruption and illicit enrichment by public officers.

Key Provisions of the code of conduct for public officers in Nigeria

1. Declaration of Assets under (Section 11) Public officers are required to declare their assets and liabilities upon assuming office, every four years thereafter, and at the end of their tenure. This declaration must include assets owned directly or indirectly by the public officer and their immediate family members.

2. Prohibition of Foreign Accounts under (Section 7) Public officers are prohibited from maintaining or operating foreign bank accounts. This provision aims to prevent the siphoning of public funds to foreign countries.

3. Conflict of Interest under (Section 5) Public officers are not allowed to put themselves in positions where their personal interest conflicts with their duties and responsibilities. They must avoid situations where their private interests could improperly influence their public duties.

4. Bribery and Corruption under (Section 8) Public officers are prohibited from accepting or offering bribes. They must avoid any form of corruption and corrupt practices, ensuring they do not misuse their position for personal gain.

5. Prohibition of Retired Public Officers' Employment under (Section 9) Retired public officers are restricted from accepting more than one remunerative position as chairman, director, or employee of any public authority or company.

Code of Conduct Bureau (CCB)

The Code of Conduct Bureau (CCB) is a federal agency established by the Nigerian government to ensure compliance with the Code of Conduct for Public Officers. The Bureau is tasked with monitoring and enforcing adherence to the ethical standards set out in the Constitution. See the case Code of Conduct Bureau v. Bukola Saraki where the former Senate President, Bukola Saraki, was charged by the CCB for false declaration of assets. The case highlighted the Bureau's role in scrutinizing the asset declarations of high-ranking public officials and also Code of Conduct Bureau v. Godswill Akpabio where the former Governor of Akwa Ibom State, Godswill Akpabio, faced charges by the CCB for alleged failure to declare his assets accurately. This case demonstrated the Bureau's commitment to holding public officers accountable regardless of their political influence.

Key Provisions of the code of conduct bureau

1. Asset Verification under (Section 3) The CCB is responsible for verifying the declarations of assets submitted by public officers. This includes cross-checking the information provided to ensure accuracy and detect any discrepancies or false declarations.

2. Investigation of Complaints under (Section 4) The Bureau investigates complaints made against public officers regarding breaches of the Code of Conduct. This includes receiving petitions from the public and initiating investigations into alleged misconduct.

3. Public Education under (Section 5) The CCB is also responsible for educating the public and public officers about the importance of ethical conduct in public service. This involves organizing seminars, workshops, and awareness campaigns.

4. Prosecution under (Section 6) When a breach of the Code of Conduct is established, the CCB can refer the case to the Code of Conduct Tribunal for prosecution. The Bureau works closely with the Tribunal to ensure that violators are held accountable.

Code of Conduct Tribunal (CCT)

The Code of Conduct Tribunal (CCT) is a judicial body established to adjudicate cases of violations of the Code of Conduct for Public Officers. The Tribunal has the authority to impose sanctions on public officers found guilty of breaching the Code of Conduct. See the case Code of Conduct Tribunal v. Justice Walter Onnoghen where the former Chief Justice of Nigeria, Walter Onnoghen, was tried by the CCT for failing to declare his assets as required by law. The case was significant due to the high profile of the accused and the Tribunal's decision to convict him, which led to his removal from office and also Code of Conduct Tribunal v. Aliyu Magatakarda Wamakko where the former Governor of Sokoto State, Aliyu Wamakko, faced charges at the CCT for alleged non-declaration of assets. The case illustrated the Tribunal's role in enforcing accountability among public officers.

Key Provisions of the code of conduct tribunal

1. Adjudication of Cases under (Section 10) The CCT is responsible for hearing and determining cases of alleged violations of the Code of Conduct. This includes conducting trials, examining evidence, and delivering judgments.

2. Imposition of Sanctions under (Section 11) The Tribunal has the power to impose sanctions on public officers found guilty of misconduct. These sanctions can include removal from office, disqualification from holding public office, and forfeiture of ill-gotten assets.

3. Fair Hearing under (Section 12) The CCT is mandated to ensure that all accused persons are given a fair hearing. This includes providing adequate notice of charges, allowing for legal representation, and ensuring that the trial is conducted in a just and impartial manner.