Global Journal of Management and Business Research, B: Economics and Commerce, Volume 20 Issue 1

Constructive Trust: The only True Potent Weapon to Fight Corruption among Public Officers in Nigeria Abstract- This paper treats the topic which seeks to know whether Constructive Trust could be a powerful weapon against corruption among public office holders and examines the functions of public service and the code of conduct for public servants in Nigeria and to ascertain the provisions of the relevant laws. The Public sector, represent the realm where the government operates for the benefits of the citizenry of any nation. On the adjacent is the private sector where an individual or group of individuals operates. The public service is a typical bureaucratic organization made up of public servants who are recruited based on their skills and qualifications with expertise. Apart from the 1999 Constitution of the Federal Republic of Nigeria, has a whole section for the public service regarded generally as the grand norm and a Revised Public Service Rules, We also have the 2006 public servants rules all of which has to be obeyed and followed unabated. The study, therefore, adopts the descriptive analyses. It is unarguable that Nigeria has basic legislation for the regulation of the code of conduct for public service, with the code of conduct Bureau and Tribunal to curb corruption among Public and Civil Servants but to no avail, as enforcement mechanisms put in place to curb general corruption in all sectors of the economy could not prevail. The solution or answer to the question – 'what other tools could then be thought wise to apply in curbing corruption in Nigeria This paper recommends that there is the need for public servants to adhere to the public service laws and regulations and not to violate the laws and enrich themselves. It also recommends that corruption and other vices in all sectors of the economy must be tackled by the government through empowered agencies for effective public service in Nigeria and elsewhere. Nigerians should be educated and enlightened through campaigns held to be patriotic, honest, hold on to integrity, be committed and dedicated to service and above all have the fear of God especially those holding public offices and/or positions. It finally recommends that penal sanctions and punishment alone are not enough to curb public misconduct, but by extension, the application of constructive trust laws as a potent weapon to fight against corruption among public office holders in Nigeria. Keywords: constructive trust, powerful weapon, corruption, public officers, equity, estate, criminal code, fraud, vendors of land, mortgages, mortgagors, acquisition of property. public service. I. I ntroduction his paper treats the topic which seeks to know whether Constructive Trust could be a powerful weapon against corruption among public officeholders. The public service is an Organization that is saddled with the responsibility of managing the resources of a nation on behalf of the people who are the real owners of these resources, and its affairs are run or administered by both elected and appointed officials. According to section 318 (1) of the constitution of the Federal Republic of Nigeria, 1999 (as amended), elective as well as appointed officials include The President, Vice President, Governors and their Deputies, Ministers and commissioners, members and staff of legislative Houses, Chairmen, Directors of all corporations and companies in which the government has controlling shares. The public sector represents the realm where the government operates for the benefits of the citizenry of the same country. This organization is different from the ones of the private sector which are run by their owners who individually manages them. The public service is a typical bureaucratic organization made up of public servants who are recruited based on their individual skills/qualification(s) and expertise. The 1999 Constitution of the Federal Republic of Nigeria, being the grunt grand norm of the public service, there exist also the Revised Public Service Rules, 2006 for the guidance of public servants whose rules are to be obeyed and follow holistically. In revise, we commonly find the public servants defying these rules with all impunity in the name of immunity and go scout free as the government is less concerned in meeting out punitive measures against violators. It is, therefore, the concern of the researcher to see if some kind of measures existing in the constitution can be invoked to restructure the culprits and divestiture them and recover the looted treasures legally through the application of constructive trust law as these public servants hold positions of trust in the government public service. II. C onceptual C larification T The term public service includes the following: a. The Civil Service: the career personnel of the presidency, ministers, Extra Ministerial Departments, the National Assembly and the Judiciary. © 2020 Global Journals 37 Global Journal of Management and Business Research Volume XX Issue I Version I Year 2020 ( ) B Dr. Abomaye-Nimenibo, Williams Aminadokiari Samuel Author: Ph.D., M.Sc., B.Sc. Economics, MBA Management and University Diploma in Personnel Management and Industrial Relations, Director of Post Graduate Studies, School of Post Graduate Studies, Obong University, Obong Ntak, Etim Ekpo Local Government Area, Akwa Ibom State, Nigeria. e-mail: wasanim2006@yahoo.com