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Enforcement of the Provisions of the Code of Conduct Bureau and Tribunal Law
Section 2(e) of the third Schedule to the 1999 Constitution empowers the Code of Conduct Bureau to receive complaints about non-compliance with or breach of the provisions of code of conduct or any law relating thereto; investigate the complaint and where appropriate refer such matters, to the Code of Conduct Tribunal. Section 18 of the fifth schedule under Code of Conduct Tribunal states that:
(1)Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this code it shall impose upon that officer any of the punishments specified under sub- paragraph (2) Of this paragraph and such other punishment, as may be prescribe by the National Assembly.
(2)The punishment which the Code of Conduct Tribunal may impose; shall include any of the following:
(a) Removal from office;
(b) Vacation of officer's seat in any legislative house, as the case may be;
(c) Disqualification from membership of a legislative house, and from the holding of any public office, for a period not exceeding ten years; and
(d) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
The law further states that the sanctions mentioned above shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.
Furthermore, though the law gives right of appeal, sub-section 7 of this section of the constitution states that the prerogative of mercy shall not apply to any punishment imposed by the Code of Conduct Tribunal.
From the foregoing, it is clear that the powers of the Code of Conduct Bureau and Tribunal are not limited to the provisions of the relevant sections of the constitution as stated, but any law relating thereto. The punishment which the tribunal may impose include those stated above but not limited to them. The Constitution gives the National Assembly the powers to prescribe more punishment and to give the Bureau more power as it deems fit.
Section 2(e) of the third Schedule to the 1999 Constitution empowers the Code of Conduct Bureau to receive complaints about non-compliance with or breach of the provisions of code of conduct or any law relating thereto; investigate the complaint and where appropriate refer such matters, to the Code of Conduct Tribunal. Section 18 of the fifth schedule under Code of Conduct Tribunal states that:
(1)Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this code it shall impose upon that officer any of the punishments specified under sub- paragraph (2) Of this paragraph and such other punishment, as may be prescribe by the National Assembly.
(2)The punishment which the Code of Conduct Tribunal may impose; shall include any of the following:
(a) Removal from office;
(b) Vacation of officer's seat in any legislative house, as the case may be;
(c) Disqualification from membership of a legislative house, and from the holding of any public office, for a period not exceeding ten years; and
(d) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
The law further states that the sanctions mentioned above shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.
Furthermore, though the law gives right of appeal, sub-section 7 of this section of the constitution states that the prerogative of mercy shall not apply to any punishment imposed by the Code of Conduct Tribunal.
From the foregoing, it is clear that the powers of the Code of Conduct Bureau and Tribunal are not limited to the provisions of the relevant sections of the constitution as stated, but any law relating thereto. The punishment which the tribunal may impose include those stated above but not limited to them. The Constitution gives the National Assembly the powers to prescribe more punishment and to give the Bureau more power as it deems fit.