CODE OF CONDUCT BUREAU AND TRIBUNAL ACT

An act to provide for the establishment of the Code of Conduct Bureau and
Tribunal to deal with complaints of corruption by public servants for the
breaches of its provisions.

INSTRUMENT CONSTITUTING THE CODE OF CONDUCT TRIBUNAL

UNDER THE CODE OF CONDUCT BUREAU AND TRIBUNAL ACT.

Whereas by section 20 of the code of Conduct Bureau and Tribunal Act, the
Code of Conduct Tribunal is established for the trial of public officers guilty
of contravening the provisions of the Act;
And Whereas by section 20(2) of the Act it is proved that the Tribunal shall
consist of a chairman and four other members and that the Chairman shall
be a person who has held or is qualified to hold office as a judge of a
superior court in Nigeria and shall receive such remuneration provided by
law.

PART 1
(1) Notwithstanding the provisions of part 1 of the fifth schedule to the
constitution of the Federal Republic of Nigeria, as amended, there is
thereby established a bureau to be known as the Code of Conduct
Bureau(hereafter in this Act referred to as “Bureau”)
(2) The Bureau shall consist of a chairman and ten other members who
shall be men of unimpeachable integrity in the Nigerian society.
(3) The chairman and the other members shall be appointed by the
President, Commander-in-Chief of the Armed Forces.

2. The aims and objectives of the Bureau shall be to establish and

maintain a high
Standard of morality in the conduct of Government business and to
ensure that the actions and behavior of public officers conform to
the highest standards of public morality and accountability.

3. The functions of the Bureau shall be to-

(a) receive assets of declarations by Public officers in accordance
with the provisions of this Act;
(b) examine the assets declarations and ensure that they comply with
the requirements of this Act and of any law for the time being in
force;
(c) take and retain custody of such assets declarations; and
(d) receive complaints about non-compliance with or breach of this
Act and where the Bureau considers it necessary to do so, refer such
complaints to the Code of Conduct Tribunal in accordance with the
provisions of sections 20 to 25 of this Act established by section 20 of
this Act:

4. (1) Subject to the provisions of this Act, the tenure of office of

staff of the Bureau shall be the same as that provided for in respect
of officers in the civil service of the Federation.
(2) The power to appoint members of staff of the Bureau and to
exercise displinary control over them shall vest in the Bureau, and
shall be exercisable in accordance with the provisions of rules and
regulations as may, from time to time, be made by the President,
Commander-in-Chief of the Armed Forces.

5. A public officer shall not put himself in a position where his personal
interest conflicts with his duties and responsibilities.

6. Without prejudice to the generality of section 5 of this Act, 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; or
(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 paragraph shall prevent a public
officer from engaging in farming or participating in the management or
running of any farm.

7. Any public officer specified in the second schedule to this Act or any
other persons as the Armed Forces Ruling Council, may from time to
time, by other prescribe shall not maintain or operate a bank account in
any country outside Nigeria.

8. 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 any Government or public funds in addition to
his pension and the emolument of such remunerative position.

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

10. (1) A public officer shall not ask for or accept any property or
benefits 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 purposes of subsection (1) of this section, 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 subsection(1) of this section, unless the contrary is proved.
(3) 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 benefit to a public officer on any public or
ceremonial occasion shall be treated as gifts or benefits 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.

11. 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 office of a
Director- General or head of any public corporation, university, or other
parastal organisation shall not accept-
(a) a loan, except from government or any of its agencies or a bank,
building society or other financial institution recognized by law; or
(b) any benefit of whatever nature from any company, contactor,
businessman or the nominee or agent of such person:
Provided that the head of a public corporation or of a university or
other parastal organisation may, subject to the rules and regulations of
any such body, accept a loan from any such body.

12. 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 favor or the
discharge in his favor of the public officers duties.

13. A public officer shall not do or direct to be done, in abuse of his

office, any act prejudicial to the rights of any other person, knowing
that such act is unlawful or contrary to any government policy.

14. A public officer shall not be a member of or belong to or take part

in any society the membership of which is incompatible with the
function or dignity of his office.

15. (1) Every public officer shall, within fifteen months after the coming
into force of this Act or immediately after taking office and thereafter-
(a) at the end of every four years;
(b) at the end of his term of office; and
(c) in the case of a serving officer, within thirty days of the receipt of
the form from the Bureau or at such other intervals as the Bureau or at
such other intervals as the Bureau may specify,
submit to the Bureau a written declaration in the Form prescribed in the
first Schedule to this Act or, in such form as the Bureau may, from time
to time, specify, of all his properties, assets and liabilities and those of
his spouse or unmarried children under the age of twenty-one years.
(2) Any statement in any declaration that is found to be false by any
authority or person authorized in that behalf to verify it shall be d
deemed to be a breach of this act.
(3) Any property or assets acquired by a public officer after any
declaration required by subsection (1) of this section and which is not
fairly attributable to income, gifts or loan approved by this Act shall be
deemed to have been acquired in breach of this Act unless the contrary
is proved.

16. Any complaint that a public officer has committed a breach of or

has not complied with the provisions of this Act shall be made to the
Bureau.

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

18. (1) The Armed Forces Ruling Council may by order exempt any
cadre of public officers from the provisions of this Act if it appears to it
that their position in the public service is below the rank which it
considers appropriate for the application of those provisions
(2) The Armed Forces Ruling Council may by order confer on the
Bureau such additional powers as may appear to it to be necessary to
enable it to discharge more effectively the functions conferred upon it
under this Act.

19. The chairman and other members of the Bureau shall not be liable,
and shall be indemnified, in any action or litigation for any acts or
omissions done or purported to be done in the course of the discharge
of their duties under this Act.

FOR MORE DETAILS, SEE CODE OF CONDUCT BUREAU AND

TRIBUNAL ACT.