CODE OF CONDUCT FOR PUBLIC OFFICERS OF REPUBLIC OF NIGERIA

 

The Code of Conduct for public officers is spelt out in the 1999 constitution fifth schedule, part I 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 standard 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 the 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 on 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 or operate 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 services or employment in foreign companies or foreign enterprises.

(2) The paragraph applies to the office of the President, Vice-President, 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 such 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, a 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 1 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.

8. 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.

9.       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. 

10. 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 required under this Constitution and which is not fairly attributable r by sub-paragraph (1) (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.

13. 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 familiarizes themselves with the rules and regulations regarding their behaviour while in office.