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

of a Code of Conduct Bureau and Tribunal to strengthen the existing pieces of machinery for monitory the actions and behaviour of public officers, to ensure that they conform to the highest standards of public morality and accountability. The Political Bureau observed that corruption and indiscipline were the banes responsible for our underdevelopment. The recommendation of the Public Bureau resulted in the establishment of Code of Conduct Bureau and Code of Conduct Tribunal with powers to enforce the code of conduct for public officers as enshrined in the 1979 Constitution of the Federal Republic of Nigeria. These provisions were equally retained in the Third and Fifth Schedules of the 1999 Constitution of the Federal Republic of Nigeria (as amended) respectively and the establishment of Code of Conduct Bureau and Tribunal Act. The importance of the Code of Conduct Bureau was aptly stated by Ademola (2012) in the following words: … The Bureau has been doing all within its powers and limited resources to put public officers in constant check through public enlightenment, Administering of Assets Declaration Forms (Form CCB – 1) to public officers and prosecuting earring officers at the Code of Conduct Tribunal. At the moment, more efforts are being channelled into the prevention of various abuses of public office through constant monitoring of pubic officers' assets base and verification of same at regular intervals, workshops, seminars and other forms of public enlightenments10. c) Statutory Functions of the Code of Conduct Bureau The Code of Conduct Bureau has a clear mandate to ensure corrupt-free public service in all tiers of government in Nigeria as its functions are provided for under paragraph 3 of the Third Schedule, Part 1, Section A of the 1999 Constitution of the Federal Republic of Nigeria as follows: a. To receive declarations by Public Officers made under paragraph 11of Part 1, of the fifth schedule of the 1999 Constitution. b. Examine the declarations following the requirements of the Code of Conduct or any law of the Federal Republic of Nigeria. c. Retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and condition as the National Assembly may prescribe. d. Ensure compiles with and where appropriate enforce the provisions of the Code of Conduct or any other related law. e. Receive complaints of noncompliance with the Code of Conduct, investigate the complaint and where appropriate refer such matters to the Code of Conduct Tribunal. It is clear from the above functions of the Code of Conduct Bureau, which renders strategic and important roles in ensuring that public officers are working and conducting themselves within the ambit of the law. d) Who is a Public Officer? A Public Officer is the holder of Public office under the Crown, or public agent (Osbon’s Concise Law Dictionary, 8th Edition, 1993). Now if a public officer is an agent of the public, who then is the Principal? The simple answer is – The Public. Thus the Public Officer by extension holds the office in trust for the benefit of the Public. IF this argument is acceptable, thus, the Public Officer by extension holds the office in trust for the benefit of the Public. IF this argument is accepted, then it is easy to conclude that the Public Officer is a trustee of a Sort. e) What then is Corruption? According to the Standard Dictionary International Edition, 1978, Corruption is a state of being corrupted, while to be corrupt means dishonesty or bribe. Corruption is an offence under section 98 (1) of the Criminal Code, The Laws of the Federation of Nigeria and Lagos, 1958. The section prescribes a seven years imprisonment to any Public Officer found guilty of the offence. Corruption according to Wikipedia is the abuse of entrusted power for private gain. In a philosophical, theological, or moral discussion, corruption is the abuse of bestowed power or positions to acquire a personal benefit. Corruption may include many activities such as bribery and embezzlement. Obayelu (2007) defined Corruption in a paper presented at the 2007 African Economic Conference, as efforts to secure wealth or power through illegal means for private gain at public expense; or a misuse of public power for private benefit. Corruption like cockroaches has coexisted with human society for a long time and remains as one of the problems in many of the world’s developing economies with devastating consequences. Agbu (2001), defines corruption as the behaviour of public and private officers who improperly and unlawfully enrich themselves and/or those closely related to them, or induce others to do so, by misusing the position in which they are placed. Systemic corruption also referred to as entrenched corruption, which occurs where bribery (money in cash or kind) is taken or given in a corrupt relationship. These include kickbacks, pay-off, sweeteners, greasing palms, etc.) are widely practised on a large or small scale. It is regularly experienced when a license or a service is sought from government officials especially in the case Constructive Trust: The only True Potent Weapon to Fight Corruption Among Public Officers In Nigeria © 2020 Global Journals 41 Global Journal of Management and Business Research Volume XX Issue I Version I Year 2020 ( ) B of Public Office holders which differs from petty corruption in that it is not individualized. We have Systemic Corruption that is apparent whenever the