CODE OF CONDUCT IN TERTIARY INSTITUTIONS A PAPER PRESENTED BY MR. JUSTIN F. CHOON FROM CODE OF CONDUCT BUREAU, ADAMAWA STATE OFFICE, YOLA   AT   A TWO-DAY SEMINAR ON ANTI - CORRUPTION    ORGANIZED BY    ADAMAWA STATE UNIVERSITY, MUBI    24th– 25thMAY, 2018

CODE OF CONDUCT BUREAU ESTABLISHMENT The Code of Conduct Bureau is one of the Federal Executive Bodies established by the 1999 Constitution of the Federal Republic of Nigeria under section 153(1) a-n.  

MANDATE AND POWER OF THE BUREAU As an Executive body, the code of conduct has a clear mandate 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.’’

To effectively exercise and implement the mandate, the provisions of Sections 3, Part I of the Third Schedule of the constitution provide thus:

The Bureau shall have power to: a. Receive declarations by public officers made under paragraph II of part I of the Fifth schedule of the 1999 constitution as amended.

b. Examine the declarations in accordance with the requirements of the Code of Conduct or any law.

c. Retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe.  

d. Receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto; investigate the complaint and where appropriate, refer such matters to the Code of Conduct Tribunal.  

e. Any other assignment as the National Assembly may confer on the Code of Conduct Bureau.

CODE OF CONDUCT FOR PUBLIC OFFICERS – General (FIFTH SCHEDULE PART I)  

CODE NO. 1: Conflict of interest with duty: A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.  

Manifestations of Breach of Code: i. Not following due process in carrying out Government responsibilities. ii. Not following due process in: iii. Recruitments iv. Promotions v. Contract awards vi. Execution of government projects  

CODE NO. 2: Restrictions on specified officers:

A public officer shall not: a. receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office.

b. Except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade. But nothing in this sub-paragraph shall prevent a public officer from engaging in farming.  

Manifestations of Breach of Code: i. Non-achievement of targets ii. Low productivity iii. Inefficiency iv. Lack of commitment and dedication to duty v. Divided loyalty vi. Assets acquisition above legitimate income/affluent lifestyle

CODE NO. 3: Prohibition of foreign accounts:

The President, Vice president, Governor, Deputy Governor, Ministers of the Government of the Federation and Commissioners of the Governments of the States, members of the National Assembly and of 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 or operate a bank account in any country outside Nigeria.

Manifestations of Breach of Code: i. Ability to expend money outside Nigeria easily ii. Investments abroad iii. Frequent private trips abroad iv. Involvement in importation of goods and physical assets v. Ability to sponsor wards and associates abroad in excess of income.  

CODE NO. 4: Prohibition of retired public officers from accepting more than one remunerative position:

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. a company owned or controlled by the government; or b. any public authority  

A retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position.

Manifestations of Breach of Code: Non-achievement of targets Low productivity Lack of commitment and dedication to duty Divided loyalty Assets acquisition above legitimate income/affluent lifestyle.  

CODE NO. 5 : Prohibition of certain retired public officers from employment in foreign enterprises:

Retired public officers who have held offices to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises.

This paragraph applies to the offices of President, Vice President, Chief Justice of Nigeria, Governor and Deputy Governor of a State.

Manifestations of Breach of Code: Lavish lifestyle of retired public officers Frequent holidays and foreign trips abroad Fat bank accounts Acquisition of assets and properties abroad

CODE NO. 6: Prohibition against accepting any gifts or benefits in kind:

A public officer shall not ask for or accept property or benefits of any kind for himself or any other pension on account of anything done or omitted to be done by him in the discharge of his duties.

For the purposes of the 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 government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved.  

A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognized by custom; provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision.

Manifestations of Breach of Code: Ability to sponsor lavish social engagements Massive acquisition of wealth, assets and properties in excess of legitimate income Flamboyant lifestyle of public officers, family members and close associates

CODE NO. 7: Restrictions on loans, gifts or benefits to certain public officers:

The President or Vice President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent Secretary or head of any Public corporation, University, or other Parastatal or organization shall not accept:

a. a loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognized 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 a public corporation or of a university or other parastatal organization may, subject to the rules and regulations of the body, accept a loan from such body.

Manifestations of Breach of Code: Ability to sponsor lavish social engagements Ostentatious lifestyle, acquisitions of assets and property beyond legitimate income.  

CODE NO. 8: Prohibition against offering any property, gift, benefit or bribe, to public officers:

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.

Manifestations of Breach of Code: Ostentatious lifestyle Ability to sponsor lavish social gatherings Acquisition of assets in excess of income  

CODE NO. 9: Abuse of Office:

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

Manifestations of Breach of Code: Employment exercises Promotions Activities of admission officers in educational institutions Staff matters and administrative decisions and matters Involvement in political parties activities, campaigns and electioneering

CODE NO. 10: Prohibition against membership of secret societies:

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

Manifestations of Breach of Code: Peculiar lifestyle, conduct and behaviour Use of cult symbols, emblems and paraphernalia Use of secret language and symbols Visitation to shrines, and cult hideouts  

CODE NO. 11: Declaration of assets:

Subject to the provisions of the constitution, every public officer shall, within three months after the coming into force of this Code of Conduct or immediately 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 unmarried children under the age of eighteen years.

2. Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this code 3. Any property or assets acquired by a pubic officer after any declaration required under the constitution and which is not fairly attributed to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proven.

Manifestations of Breach of Code: i. Affluent lifestyle ii. Money laundering iii. Illegal acquisition of assets, properties in excess of income iv. Refusa to declar asset

CODE NO. 12: Allegation of breach of code:

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

Manifestations of Breach of Code: Grapevine information Public discussion Lack of commitment Low productivity Absence in most activities

CODE NO. 13: Agents and nominees:

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.  

Manifestations of Breach of Code: Ostentatious lifestyle Massive assets acquisition Media reports, association and frequent wide fraternization.  

ENFORCEMENT OF THE PROVISION OF THE CODE OF CONDUCT BUREAU AND TRIBUNAL LAW  

Paragraph 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 the Code of Conduct or any law relating thereto; investigate the complaints and where appropriate refer such matters to the Code of Conduct Tribunal. Paragraph 18 of the Fifth Schedule to the Constitution 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 this sub-paragraph and such other punishment as may be prescribed by the National Assembly. 2. The punishment which the Code of Conduct Tribunal may impose shall include any of the following:

Vacation of the office or seat in any legislative house, as the case may be; Disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years. Seizure and forfeiture to the State of any property acquired in abuse or corruption of the 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. Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provision of this Code; an appeal shall lie as of right from such decision to the Court of Appeal at the instance of any party.

Furthermore , though the law gives right of appeal, paragraph 18(7) of the Fifth Schedule of the Constitution, states that “the prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph. In addition, the sanction in Paragraph 2 above shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.”

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