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Schedules
This Act may be cited as Code of Conduct Bureau and Tribunal Act.
FIRST SCHEDULE
FROM (CCB. 1)
[Order H. Rule (2)]
Write of Surmons in Action in personam in the Federal High Court in the Adminalty Judicial Division
SECOND SCHEDULE
[Section 7]
Public officers for the purposes of the code of conduct
1. The President of the Federation
2. The Vice-President of the Federation.
3. The President and Deputy President of the Senate, Speakers and Deputy Speakers of the House of Representatives and of the Houses of Assembly of States, and all members and staff of Legislative Houses.
4. Governors and Deputy Governors of States.
5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal all other judicial officers and all staff of courts of law
6. Attorney-General of the Federation and Attorney-General of each State.
7. Ministers of the Government of the Federation and Commissioners of the Governments of the States.
8 Chief of Defence Staff, Head of the Army, Navy, Air Force and all members of the Armed Forces of the Federation.
9. Inspector General-of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other Government security agencies established by law,
10. Secretary to the Government of the Federation,
11. Ambassadors, High Commissioners and other officers of Nigerian Missions Abroad.
12. Chairman and other members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
13. Chairmen and other members and staff of local goveIl1ment councils.
14. Chairmen and members of the Boards of other government bodies and staff of statutory corporations and of companies in which the Federal or any State Government has controlling interests.
15. All staff of universities. Colleges and institutions owned and financed by the Federal or State Governments or local government councils.
16. Chairmen and other members and staff of permanent commissions or councils appointed on full-time basis.
THIRD SCHEDULE
[Section 7.]
Code of Conduct Tribunal Rules of procedure
Commencement and Conduct of Trial
1. Institution of proceeding
..... The trial of offences under this Act shall commence by way of an application, supported by a summary of affidavit or affidavit to the Tribunal by the prosecutor.
2. Order on an accused to appear
Where, after the perusal of the application and the summary of evidence, affidavit or any further evidence in such forms as the Tribunal may consider necessary, the Tribunal is satisfied that any person appears to have committed an offence provided under this Act, it shall cause that person to be brought before the Tribunal on such date and at such time as it may direct.
3. Commencement of trial
(l) When the Tribunal is ready to commence the trial, the accused shall be brought before It and the Tribunal shall read or cause to be read to him the substance of the complaint against him and he shall be asked whether he is guilty of the offence or offences charged.
(2) If the accused pleads guilty, the plea shall be recorded and he may in the discretion of the Tribunal be convicted thereon. Head of the Civil Service, Permanent Secretaries Directors-General and all other persons in the civil service of the Federation or of the States
4. Plea of not guilty or no plea
If the accused pleads not guilty or makes no plea or refuses to plead or if the Tribunal enters a plea of not guilty on behalf of the accused, the Tribunal shall proceed to try the case.
5. Presentation of case for prosecution
(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the accused stating shortly by what evidence he intends to prove the guilt of the accused.
(2) The prosecutor shall then examine the witnesses for the prosecution who may be cross-examined by the accused or his counsel and may thereafter be re-examined by the prosecutor.
6. Procedure after presentation of evidence by the prosecution
(l) After the conclusion of the presentation of evidence by the prosecutor, the Tribunal shall ask the accused
.......... {a) Whether he wishes to give evidence on his
own behalf; and· .
.......... (b) Whether he intends to call any witness other
than witness as to character.
(2) If the accused says that he does not intend to call any witnesses other than witnesses as to character, the prosecutor may sum up his case against the accused and the Tribunal shall then call upon the accused to enter upon the defence.
(3) Notwithstanding the provisions of parastatals{2) of this rule, the Tribunal may, if after hearing the evidence against the accused or any of several accused; it considers the evidence not sufficient to justice the continuation of the trial, record a finding of not guilty in respect of such accused without calling upon him or them to enter upon their defence and such accused shall thereupon be discharged and acquitted and the Tribunal shall then call upon the remaining accused, if any, to enter upon their defence.
(4) If the accused or anyone of several accused says that he intends to call any witness, other than a witness as to character the Tribunal shall call upon the accused to enter upon his defence.
(5) Notwithstanding the provisions or paragraph ( 4) of this rule, the Tribunal may, before calling upon the accused to enter upon his defence, call upon the prosecutor to sum up his case against anyone or more of the accused persons against whom it considers that the evidence is not sufficient to justify the continuation of the trial and, after hearing the summing up, if any, may in its discretion record a finding of not guilty in respect' of any such accused or call upon any of them to enter upon his or their defence.
(7). Defence
When the Tribunal calls upon the accused to enter upon his defence the accused or his counsel may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and the accused may then give evidence on his own behalf, examine his witnesses, if any, and, after their cross-examination and re-examination, if any, the accused or his counsel may sum up his case.
(8). Right of prosecutor to reply
(1) If the accused or any of the accused calls any witness, other than a witness as to character, or any document, other than a document relating to character, is put in evidence for the defence, the prosecutor shall be entitled to reply.
(2) If the accused has called only evidence as to character, the prosecutor may at the close of the case for the defence adduce evidence of previous convictions of the accused.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this rule, the prosecution may, with leave of the Tribunal, be heard in reply on a point of law or on any new matter or evidence, other than evidence as to character introduced by the accused.
(9). Consideration of findings
When the case for the defence and the reply of the prosecution, if any, are concluded and the Tribunal does not desire to put any further question to the accused, the Tribunal shall retire or adjourn to consider its findings.
(10). Announcement of findings
After the Tribunal has made its findings, the Chairman shall announce such findings and, where the accused is found guilty, it shall impose the appropriate penalty prescribed in this Act, and issue an appropriate order accordingly.
(11). Recommendation as to mercy
The Tribunal may, in addition to its sentence make an appropriate recommendation as to mercy but in any such case shall give reasons for such recommendations.
(12). Notes of evidence to be taken
(1) The Chairman or any other member of the Tribunal authorized by the Chairman in that behalf, shall in every case, take notes in writing of the oral evidence' or so much thereof as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the notes at the conclusion of each day's proceedings.
(2) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Chairman shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings.
(13). Issue of Summons for witness
If the Tribunal is satisfied that any person is likely to give material evidence for the prosecution or for the defence, the Tribunal may issue a summons to such person requiring him to attend, at a time and place to be mentioned therein, before the Tribunal to give evidence.
In respect of the case and to bring with him any specified documents or things and any other documents of things relating thereto which may be m his possession or power or under his control.
(14). Warrant of witness after summons
If the person to whom any such summons is directed does not attend before the Tribunal at the time and place mentioned therein" and there do not appear to the Tribunal on inquiry to be any reasonable excuse for such non attendance, then after proof to the satisfaction of the Tribunal that the summons was duly served or that the person to whom the summons is directed willfully avoided service, the Tribunal, on being satisfied that such person is likely to give material evidence, may issue a warrant to apprehend him and to bring him, at the time and place to be mentioned in the warrant before the Tribunal in order to testified as aforesaid.
(15). Local inspections
It shall be the duty of the Tribunal to make or cause to be made such local inspection as the circumstances of the case may require.
(16). Forms
Subject to any express provisions of these rules, the forms contained in the Annex to these Rules may, in accordance with any instructions contained in the said forms, and with such variation as the circumstances of the particular case may require, be used in the case to which they apply, and when so used, shall be good and sufficient in law.
(17). Application of Criminal procedure Act or Code
Where these Rules contain no provision in respect of any matter relating to or connected with the trial of offences under this Act, the provisions or the Criminal Procedure Act or, depending on the venue, the Criminal Procedure Code shall, with such modifications as the circumstances may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally.
[CAPC41]
(18). Interpretation
In these Rules, "the prosecutor" means the Attorney-General of the Federation or any other person authorized by him pursuant to section 24 of this Act to conduct the prosecution of an offence before the Tribunal or to assist therein.
FIRST SCHEDULE
FROM (CCB. 1)
[Order H. Rule (2)]
Write of Surmons in Action in personam in the Federal High Court in the Adminalty Judicial Division
SECOND SCHEDULE
[Section 7]
Public officers for the purposes of the code of conduct
1. The President of the Federation
2. The Vice-President of the Federation.
3. The President and Deputy President of the Senate, Speakers and Deputy Speakers of the House of Representatives and of the Houses of Assembly of States, and all members and staff of Legislative Houses.
4. Governors and Deputy Governors of States.
5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal all other judicial officers and all staff of courts of law
6. Attorney-General of the Federation and Attorney-General of each State.
7. Ministers of the Government of the Federation and Commissioners of the Governments of the States.
8 Chief of Defence Staff, Head of the Army, Navy, Air Force and all members of the Armed Forces of the Federation.
9. Inspector General-of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other Government security agencies established by law,
10. Secretary to the Government of the Federation,
11. Ambassadors, High Commissioners and other officers of Nigerian Missions Abroad.
12. Chairman and other members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
13. Chairmen and other members and staff of local goveIl1ment councils.
14. Chairmen and members of the Boards of other government bodies and staff of statutory corporations and of companies in which the Federal or any State Government has controlling interests.
15. All staff of universities. Colleges and institutions owned and financed by the Federal or State Governments or local government councils.
16. Chairmen and other members and staff of permanent commissions or councils appointed on full-time basis.
THIRD SCHEDULE
[Section 7.]
Code of Conduct Tribunal Rules of procedure
Commencement and Conduct of Trial
1. Institution of proceeding
..... The trial of offences under this Act shall commence by way of an application, supported by a summary of affidavit or affidavit to the Tribunal by the prosecutor.
2. Order on an accused to appear
Where, after the perusal of the application and the summary of evidence, affidavit or any further evidence in such forms as the Tribunal may consider necessary, the Tribunal is satisfied that any person appears to have committed an offence provided under this Act, it shall cause that person to be brought before the Tribunal on such date and at such time as it may direct.
3. Commencement of trial
(l) When the Tribunal is ready to commence the trial, the accused shall be brought before It and the Tribunal shall read or cause to be read to him the substance of the complaint against him and he shall be asked whether he is guilty of the offence or offences charged.
(2) If the accused pleads guilty, the plea shall be recorded and he may in the discretion of the Tribunal be convicted thereon. Head of the Civil Service, Permanent Secretaries Directors-General and all other persons in the civil service of the Federation or of the States
4. Plea of not guilty or no plea
If the accused pleads not guilty or makes no plea or refuses to plead or if the Tribunal enters a plea of not guilty on behalf of the accused, the Tribunal shall proceed to try the case.
5. Presentation of case for prosecution
(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the accused stating shortly by what evidence he intends to prove the guilt of the accused.
(2) The prosecutor shall then examine the witnesses for the prosecution who may be cross-examined by the accused or his counsel and may thereafter be re-examined by the prosecutor.
6. Procedure after presentation of evidence by the prosecution
(l) After the conclusion of the presentation of evidence by the prosecutor, the Tribunal shall ask the accused
.......... {a) Whether he wishes to give evidence on his
own behalf; and· .
.......... (b) Whether he intends to call any witness other
than witness as to character.
(2) If the accused says that he does not intend to call any witnesses other than witnesses as to character, the prosecutor may sum up his case against the accused and the Tribunal shall then call upon the accused to enter upon the defence.
(3) Notwithstanding the provisions of parastatals{2) of this rule, the Tribunal may, if after hearing the evidence against the accused or any of several accused; it considers the evidence not sufficient to justice the continuation of the trial, record a finding of not guilty in respect of such accused without calling upon him or them to enter upon their defence and such accused shall thereupon be discharged and acquitted and the Tribunal shall then call upon the remaining accused, if any, to enter upon their defence.
(4) If the accused or anyone of several accused says that he intends to call any witness, other than a witness as to character the Tribunal shall call upon the accused to enter upon his defence.
(5) Notwithstanding the provisions or paragraph ( 4) of this rule, the Tribunal may, before calling upon the accused to enter upon his defence, call upon the prosecutor to sum up his case against anyone or more of the accused persons against whom it considers that the evidence is not sufficient to justify the continuation of the trial and, after hearing the summing up, if any, may in its discretion record a finding of not guilty in respect' of any such accused or call upon any of them to enter upon his or their defence.
(7). Defence
When the Tribunal calls upon the accused to enter upon his defence the accused or his counsel may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and the accused may then give evidence on his own behalf, examine his witnesses, if any, and, after their cross-examination and re-examination, if any, the accused or his counsel may sum up his case.
(8). Right of prosecutor to reply
(1) If the accused or any of the accused calls any witness, other than a witness as to character, or any document, other than a document relating to character, is put in evidence for the defence, the prosecutor shall be entitled to reply.
(2) If the accused has called only evidence as to character, the prosecutor may at the close of the case for the defence adduce evidence of previous convictions of the accused.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this rule, the prosecution may, with leave of the Tribunal, be heard in reply on a point of law or on any new matter or evidence, other than evidence as to character introduced by the accused.
(9). Consideration of findings
When the case for the defence and the reply of the prosecution, if any, are concluded and the Tribunal does not desire to put any further question to the accused, the Tribunal shall retire or adjourn to consider its findings.
(10). Announcement of findings
After the Tribunal has made its findings, the Chairman shall announce such findings and, where the accused is found guilty, it shall impose the appropriate penalty prescribed in this Act, and issue an appropriate order accordingly.
(11). Recommendation as to mercy
The Tribunal may, in addition to its sentence make an appropriate recommendation as to mercy but in any such case shall give reasons for such recommendations.
(12). Notes of evidence to be taken
(1) The Chairman or any other member of the Tribunal authorized by the Chairman in that behalf, shall in every case, take notes in writing of the oral evidence' or so much thereof as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the notes at the conclusion of each day's proceedings.
(2) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Chairman shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings.
(13). Issue of Summons for witness
If the Tribunal is satisfied that any person is likely to give material evidence for the prosecution or for the defence, the Tribunal may issue a summons to such person requiring him to attend, at a time and place to be mentioned therein, before the Tribunal to give evidence.
In respect of the case and to bring with him any specified documents or things and any other documents of things relating thereto which may be m his possession or power or under his control.
(14). Warrant of witness after summons
If the person to whom any such summons is directed does not attend before the Tribunal at the time and place mentioned therein" and there do not appear to the Tribunal on inquiry to be any reasonable excuse for such non attendance, then after proof to the satisfaction of the Tribunal that the summons was duly served or that the person to whom the summons is directed willfully avoided service, the Tribunal, on being satisfied that such person is likely to give material evidence, may issue a warrant to apprehend him and to bring him, at the time and place to be mentioned in the warrant before the Tribunal in order to testified as aforesaid.
(15). Local inspections
It shall be the duty of the Tribunal to make or cause to be made such local inspection as the circumstances of the case may require.
(16). Forms
Subject to any express provisions of these rules, the forms contained in the Annex to these Rules may, in accordance with any instructions contained in the said forms, and with such variation as the circumstances of the particular case may require, be used in the case to which they apply, and when so used, shall be good and sufficient in law.
(17). Application of Criminal procedure Act or Code
Where these Rules contain no provision in respect of any matter relating to or connected with the trial of offences under this Act, the provisions or the Criminal Procedure Act or, depending on the venue, the Criminal Procedure Code shall, with such modifications as the circumstances may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally.
[CAPC41]
(18). Interpretation
In these Rules, "the prosecutor" means the Attorney-General of the Federation or any other person authorized by him pursuant to section 24 of this Act to conduct the prosecution of an offence before the Tribunal or to assist therein.