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

renewal on his behalf. The defendant was held to be a constructive Trustee of the new lease for the infant. In Nigeria, this rule was applied both in Marques V. Edematie (1950) 19 N.L.R. 75 and Ukatta V. Emembo (1963) 7 E.N.L.R. 139. In the latter case, the defendant agreed in writing to assign to the Plaintiff the lease of a plot of land at Aba as soon as he obtained an assignment of it from the Crown lessee. In furtherance of the agreement, the Plaintiff paid N2, 000.00, the full purchase price to the defendant. The Plaintiff, at the request of the defendant, paid the renewal fees, while the defendant obtained the renewal in his name. It was held that the defendant was a Constructive trustee. This principle could be applied for example in situations where some public officers in Nigeria, acquire property in one of the Nigerian Newspapers that Retired Major General Useni, at the time he was Minister of the Federal Capital Territory, unjustly acquired over fifty (50) houses at the expense of the masses. If this accusation is established to be a fact, General Useni should be held as holding those houses in trust for Nigerians. Both his “interest and duty must not conflict”. Again, public officers who receive or ask for a bribe or incidental profits during the performance of their duty do not deserve such profits and should be regarded as constructive trustee of the bribe or incidental profit in trust for the person (s) from whom the bride was taken. This law if in vogue now will reduce corruption and fraud in Nigeria and by extension the whole world. A constructive trust is a good weapon to fight corruption in Nigeria and elsewhere. IV. C onclusion Public service is too important in public service delivery and governance. Therefore, the quality of the public service largely determines the pace of development of any nation due to the crucial role public servants play in the formulation and implementation of programs and policies of governments. The public officers propel the engine of societal growth must as a matter of fact and principle set good examples to other members of the society by living and acting above board in their conducts and behaviours. The template of good behaviour has been set by the Constitution of the Federal Republic of Nigeria 1999 (as amended) should be holistically followed in terms of probity. Regardless of the enormous ineffectiveness of the code of conduct laws, many public servants seemed not to be fully aware of the provisions therein; and even those who are aware of it were found to hardly put its provisions into implementation. The Code of Conduct Tribunal and its performance have been very poor in convicting guilty officers who enriched themselves at the expense of the government irrespective of the enormous powers it was granted under the Constitution. The tribunal hardly passes judgment against violators of the code of conduct of the law by convicting them. Trendossguy posted on the internet on November 6, 2016, a list of Nigerian looters as released by World Bank names of Nigerian looters who deposited a huge sum of money in London, Swiss ($), USA($), and Germany Banks respectively as follows: General Ibrahim Babangida (6.25bn 7.41bn 2.00bn 9.00bn) General Abdulsalami Alhaji Abubakar (1.31bn 2.33bn 800M) etc. These generals were regarded as sacred cows that could not be touched by anybody and could not face the penal laws of Nigeria. The flexibility of the Concept of Constructive trust could be expanded to cover areas bothering on corruption among Public officers. Perhaps by the time a corrupt Public Officer realises that the unjust enrichment of himself he has made in actuality belongs to him legally but benefits accruing there from will benefit the actual person(s). The writer or researcher concludes that by extension, that constructive Trust could be a potent weapon against corruption among public officers. Therefore, a constructive trust is a potent weapon against corruption among Public Officers. V. R ecommendations The following recommends are made to solve the Nigerian endemic and structured institutional corruption in Nigeria: i. Public Servants should adhere to public service laws and regulations and not violate the laws to enrich themselves. ii. 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. iii. Nigerians should be educated and enlighten the populace through campaigns to discourage corrupt practices, especially in the public service. iv. Nigerians should be taught and trained to be patriotic, honest, hold on to integrity at all times, be committed and dedicated to service. v. All humans including those of Nigeria should always have the fear of God especially those holding public offices and/or positions in the country. vi. Penal sanctions and punishments should be meted out to corrupt Public Office holders both in Nigeria and abroad. vii. There should be no sacred cow no matter whose horse is gourd. viii. More concerted efforts should be channelled into the prevention of various abuses of public office through constant monitoring of pubic officers' Constructive Trust: The only True Potent Weapon to Fight Corruption Among Public Officers In Nigeria © 20 20 Global Journals 44 Global Journal of Management and Business Research Volume XX Issue I Version I Year 2020 ( ) B i. ii.