Code Of Conduct Bureau

The Code of Conduct for public officers is spelt out in the 1999 constitution fifth schedule, part 1 which is to establish and maintain a high standard of morality in the conduct of government business, and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability. It must be indicated here that all public officers should study existing rules and regulations governing Government business.

Details of the Code governing the conduct of public officers and for which a violation would amount to corruption is reproduced below:
1. A public officer shall not put himself in a position where his interest conflicts with his duties and responsibilities.

2. Without prejudice to the generality of the foregoing paragraph a public officer shall not:

(a) Receive or be paid emoluments of any public office at the same time as he receive or is paid the emoluments of any other public office; or

(b) Except when he is not employed in full time basis, engage or participate in the management or running of any private business, profession or trade; but nothing in this paragraph shall prevent a public officer from engaging in farming or participating in the management or running of any farm.

3. The President, Vice President, Governors, Deputy Governors, Ministers of the government of the Federation and Commissioners of the Government of States, members of the National Assembly and the Houses of Assembly of the States and such other public officers or persons, as the National Assembly may by law prescribe shall not maintain cooperate a bank account in any country outside Nigeria.

4. A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remunerative position as Chairman, Director or employee of a company owned or controlled by the government or public authority or receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position.
5. (1) Retired public officers who have held offices to which the paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises.

(2) The paragraph applies to the office of the President, Vice, President, and Chief Justice of Nigeria. Governor and Deputy Governor of a State

6.(1) A public officer shall not ask for or accept any property or benefit of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

(2) For the purpose of sub-paragraph (1) of this paragraph the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved.

(3) A public officer shall only accept personal gifts or benefit from relatives or personal friends to such extent and on such occasions as are recognised by custom:-

Provided that any gift or donation to public officer on any public or ceremonial occasions shall be treated as gifts to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any gifts may not be treated as a contravention of this provision.

7.The President, or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of a State or any other public officer who holds office of Permanent Secretary/ Director General or head of any public corporation, University or other Parastatal, Organisation shall not accept;

(a) A loan, except from government or its agencies, bank, building society or other financial institution recognised by law, and

(b) Any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person : Provided that the head of public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body.

No person shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer's duties.

A public officer shall not do or direct to be done in abuse of his office an arbitrary act prejudicial to the rights of any other persons knowing that such act is unlawful or contrary to any government policy.

A public officer shall not be a member of, belong to, or take part in any secret society and or any society the membership of which is incompatible with the functions and dignity of his office.

11. 1. Every public officer shall within 3 months after taking office and thereafter:
(a) at the end of every four years; and

(b) at the end of his term of office;

Submit to the Code of Conduct Bureau a written declaration of all his properties, assets and liabilities and those of his spouse, or unmarried children under the age of 21 years.

2. Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code.

3. Any property or assets acquired by a public officer after any declaration require under this constitution and which is not fairly attributable by sub-paragraph (l)(a) of this gifts or loan approved by the code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.

12.Any allegation that a public officer has committed a breach of or has not complied with the provision of this Code shall be made to the Code of Conduct Bureau.

A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this code.

14. In its application to public officers

(a) Members of legislative houses shall be exempted from the provisions of paragraph 4 of this code; and

(b) the National Assembly may by law exempt any cadre of public officers from the provisions of paragraph 4 and 11 of this code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of this provision.

15. Political office holders are expected to familiarise themselves with the rules and regulations regarding their behaviour while in office.

THE IDEAL BEHAVIOUR EXPECTED FROM A RESPONSIBLE PUBLIC OFFICER
Below are some of the behaviours that public officers are encourage to emulate.

(i) DISCRIMINATION
A public officer is not expected to discriminate against any citizen on the grounds of place of origin, sex, religion, status, ethnic or linguistic association. This is clearly stated in Nigeria constitution, which commits the state to the ideals national integration. As instruments of state policy, public officers are expected to set the highest examples in pursuing these noble objectives.

(ii) DISCIPLINE
This is the hallmark of a responsible public officer. Strict adherence to the rules and regulations of the public service is a must for a civil/public servant. As a senior officer, it is imperative that an officer complies with the code of Conduct and ensures that subordinates do the same.

(iii) LOYALTY
Loyalty should be an integral part of the behaviour of a public officer. This implies faithfulness to the nation and the employer and supportive of the aims for which one is employee

(iv) HONESTY AND TRANSPARENCY
These should be cardinal principles for any individual holding public office, and should be demonstrated in conducting official duties and in dealing with members of the public. This means that the public officer should be conscientious on duty. All his actions must be clear and self-evident. Public officers should not demand or receive anything in return for performing official duties.

(v) ACCOUNTABILITY
A public officer should display responsible stewardship for all items, money, materials and men placed under his supervision. This implies that all government property entrusted with a Public officer should be properly accounted for viz strict adherence to the civil service rules, financial regulations and all other circulars pertaining to the disbursement, management and reporting on same.

(v) RESPECT FOR CONSTITUTED AUTHORITY
A public officer should show unqualified respect for constituted authority and the country at large.

(vii) PUNCTUALITY AND ABSENTEEISM
A Public officer should endeavour to be punctual at his place of work. Public officers should also not absent themselves from work except on approval.

10. GOOD CONDUCT AND ETHICAL BEHAVIOUR
To ensure that public officers cultivate appropriate conduct and ethics in conduct of government business, the Bureau recommends the establishment of in Situ primary Code of Conduct committees in all the Ministries Extra Ministerial departments and Agencies of Government. All matters relating to breach of conduct and ethical behaviours within each specified establishment must be .addressed within approved guidelines. Matters not satisfactorily resolved within the establishment are to be reported to the Code of Conduct Bureau for appropriate action.

Ministries and other government agencies are also urged to institute clearly in built incentives for fostering good behaviour in their offices, such as:
i.Giving of Commendation for good behaviour
ii.Award of Certificate of Merit
iii.Bonus and long Service Awards
The public must consistently bring pressure to bear on government or the electoral process when people with questionable integrity are appointed.