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

The public service is the organ responsible for the overall efforts towards nation-building. a) The Code of Conduct for Public Officers The public service is the machinery that Government uses to render services to the people and as such, public servants should be proper and thorough avenues by constantly and conveniently improved upon to give better services at all times. The rendering of these services must conform to the prescribed code of conduct provided by the constitution of the Federal Republic of Nigeria. Hence, the said constitution which has been established on threshold or standards that would guide a public servant in the discharge of his or her duties. Part1 of the fifth schedule of the 1999 constitution has generally made provision in respect of code of conduct and work attitude for a public servant. Section 1 provides that, 'a public officer shall not put himself in a position where his interest conflicts with his duties and responsibilities'. This section makes it imperative for a public officer not to put himself in a position where his interest conflicts with his duties and responsibilities; which duty is an aspect of the common law to act in good faith. This means that the law imposes on the public officer the duty to show fidelity in the discharge of his duties and responsibilities. The rule is strict and is justified on the basis that would a public officer be faced with such a conflict between his interest and his official duty, he will naturally favour his interest over that of his duty. The law, therefore, requires him not to even allow himself to be exposed to such temptation. Occasionally, a public officer may experience a situation where his interest conflicts with his duty, in the course of his official duty. When such a situation arises, the public officer is liable for a breach of code of conduct, if he allows his interest to take precedent. Section 2 (a) provides that, ‘public officer shall not 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 officer’. This section restricts a public officer from receiving or being paid double emoluments of any other public office. This rule is closely linked to that which prohibits a conflict of interest. The rule seeks to prevent a public officer from receiving or be paid emoluments from two different public offices. Section 19 of the Fifth Schedule of the 1999 Constitution as amended talk about emolument as follows: Any salary, wage, overtime or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowances, pension or annuity paid, given or granted in respect of any employment or office. Subparagraph (b) of this section goes on to restrict a public officer from engaging or participating in the management of any private business, profession or trade except where his employment is on a part-time basis. But the rule did not prevent a public officer from engaging in farming or fishing. Section 3 prohibits maintaining or operating a foreign bank account by the President, Vice-President, Governor, Deputy Governor, and Ministers of the Federation and Commissioners of the Governments of the States, and such other public officers or persons as the National Assembly may by law prescribed. Today, we see this law being circumvented blatantly. Section 4 sanctions a public officer from accepting more than one remunerative position as chairman, director or employee of a company owned or controlled by the Government; or any public authority after his retirement from public service and while receiving a pension from public funds. However, section 14 (a) exempt members of legislative houses from the provision of this section. Subparagraph (2) of this section prohibits a retired civil servant from receiving any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position. This provision prohibits a public officer from benefiting twice from public funds when others are yet to benefit even once. Section 5 prohibits retired and ex-serving, Presidents, Vice-Presidents, Chief Justices of Nigeria, Governors and Deputy Governors of a State from serving or accepting employment in foreign companies or enterprises. This is due to the sensitive nature of the offices they have hitherto held in Nigeria. Section 6 prohibits a public officer from asking for and accepting property or benefit of any kind for himself or from any other person on account of anything done or omitted to be done by him in the discharge of his duties. Subparagraph 2 of Section 6 prohibits the receipt of any gift or benefit by a public officer from commercial firms, business enterprises or persons who have contracts with the Government; whereas Sub- Paragraph 3 allows a public officer to accept personal gifts or benefits from relatives or personal friends, and donations or gifts to public institutions. The import or weight of these considerations and stipulations is that a public servant must be loyal and honest to government and must fight against gratifications. Public servants are paid salaries from government pulse for doing their jobs and must not receive gratifications for government jobs being done by them in the course of their job functions. Constructive Trust: The only True Potent Weapon to Fight Corruption Among Public Officers In Nigeria © 2020 Global Journals 39 Global Journal of Management and Business Research Volume XX Issue I Version I Year 2020 ( ) B Section 7 provides that the President and his Vice, Governor and his Deputy, Minister and Commissioner, Permanent Secretary, Head of any public Corporation,