Code of conduct for public officers, By Okoi Obono-Obla

Undoubtedly Nigerians are tired of bad governance, corruption and therefore yearns earnestly for good governance and improvement in their living standard.

This can be discerned from the outraged response to the scandal that broke out in the Federal Ministry of Humanitarian Affairs and Poverty Allievation which is currently under investigation by the Economic and Financial Crimes Commission(EFCC) by Nigerians.

As we all anxiously wait the conclusion of the investigation and the report; I have taken it my self to enlighten and educate the reading public on the provisions of the Code of Conduct for Public Officers as set out in The Fifth Schedule of Part 1 of the Constitution of the Federal Republic of Nigeria,1999 (as amended).

It is also important that public officers in all tiers of governmental authority should try as much as possible to acquaint themselves with the provisions of the Code because when they fall foul of them and brought into account they cannot claim ignorance.

It is settled that in law, ignorance of the law is no excuse to escape from criminal responsibility.

Conflicts of Interest:

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

The allegation that the Minister of Inferior ,(a public officer) holds substantial shares in a company that won a N485 million contract from the Federal Ministry of Humanitarian Affairs and Poverty Allievation comes into my mind.

Is there a potential case of conflict of interest in the circumstance?

Restriction on Emoluments:
A public officer shall not:

(a) Receive or be paid Emoluments of any public office at the same time as he receives or is paid the Emoluments of any other public office;

(b) Except when he is not employed in full time basis, engage or participate in the management or running of any farm.

By this provision, a public officer is barred from engaging in any business except farming.

Prohibition of Foreign Accounts:

The President,Vice President, Governors, Deputy Governors, Ministers of the Government of the Federation and Commissioner of States, members of the National Assembly and such other public officers or persons as the National Assembly may be law prescribe shall not maintain or operate a bank account in any country outside Nigeria.

Therefore any category of the above public officers that maintain or operate a bank account in any foreign country before his appointment or assumption of office or after his or her assumption will be violating the provision.