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

University, or other Parastatals and organizations shall not accept: a) A loan, except government or its agencies, a bank, building society, mortgage institution or other financial institution recognized by law; and b) Any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person. With a proviso that Head of a public corporation or a University or other parastatal organization may, subject to the rules and regulations of the body, accept a loan from such body. Section 8 is an extension of good faith and it is to the effect that a public officer is under an obligation not to take a bribe or any kind of inducement while executing his duties or responsibilities. A bribe can take the form of cash payment as secret commission, discount against other transactions or bonus for service rendered. A bribe represents a particular type of secret profit and the law takes a very serious view of secret benefits as it can compel a public officer to compromise his position. When a bride is established, it constitutes a violation of the code of conduct. Section 9 provides that: A public officer shall not do or direct to be done in the house of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy. Section 10 also provides that, ‘a public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible, the functions or dignity of his office’ . This provision is similar to Rule 020210 of the Public Service Rule which provides that; No public officer shall become a member of any secret society. Any public officer who is a member of such society shall renounce his membership forthwith, by making a statutory declaration to that effect, or resign his appointment, or retire from the service. This rule encourages ethics and morality in the public service by restraining officers from cultism and other unwanted social behaviours. Section 11 is also an important provision of the code of conduct that has a very good foundation in enhancing probity, honesty and good public image for the public servants. The section provides that any public officer shall within three (3) months after being appointed into office and thereafter, the end of every four (4) years of the end of his term, submit to the Code of Conduct Bureau a written declaration of all his properties, assets and liabilities and those of his unmarried children under the age of 18 years. Any statement in the declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be in breach of the code and any property or assets acquired by a public officer after any declaration required under the constitution and which is not fairly attributable to the income, gift or loan approved by the code shall be deemed to have been acquired in its breach unless the contrary is proved. This provision of the law is in line with the legal concept of public accountability. Therefore, Public Officers shall remain honest and shall not misuse or misappropriate public funds. They are not expected to enrich themselves by the advantage of their access to public funds and authority. Section 12 provides that any allegation against a public officer who has committed a breach of or has not complied with the provisions of this code should be reported to the code of conduct Bureau. The Bureau has the power to investigate the alleged violation and if a case is found, institute an action at the code of conduct Tribunal. The Tribunal has the power to handle cases of breach of work ethics and code of conduct. Therefore, when any public officer is foundguilty of contravening any section of the provisions of the code of conduct, then the tribunal shall impose punishment which includes any of the following: - a. Vacation of office or seat in any legislative house, as the case may be b. Disqualification from membership of a legislative house and the holding of any public office for a period not exceeding two years; and c. Seizure and forfeiture to the State of any property acquired in abuse or corruption of office. In the recent case of Ahmed v Ahmed at Supreme Court while giving life to the above provision, held thus: ‘’Any allegation that a public officer has committed a breach of or has not complied with the provisions of this code shall be made to the code of conduct Bureau’’. The foregoing provisions are unambiguous and so construed literarily mean that any breaches of any provisions of the said 5th Schedule or matters of noncompliance with any provisions of the code shall (meaning that it is mandatory i.e. must) be made to the code of conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the code, if I may emphases any violation shall be made to code of conduct Bureau… This provision has expressly ousted the powers of ordinary regular courts in respect of such violation. Constructive Trust: The only True Potent Weapon to Fight Corruption Among Public Officers In Nigeria © 20 20 Global Journals 40 Global Journal of Management and Business Research Volume XX Issue I Version I Year 2020 ( ) B b) The Setup of Code of Conduct Bureau and Tribunal The Political Bureau recommended to the Federal Military Government in 1988 the establishment