Code of Conduct Bureau Rules

Code of Conduct Bureau Rules

Quick Answer: The Fifth Schedule, Part I of the 1999 Constitution (as amended) sets the Code of Conduct for Public Officers, enforced by the Code of Conduct Bureau (CCB) and adjudicated by the Code of Conduct Tribunal (CCT), both established by the Code of Conduct Bureau and Tribunal Act (Cap. C15, Laws of the Federation). Public officers must declare assets every four years, must not maintain foreign bank accounts (specified officers), must not accept gifts from contractors, must avoid conflict of interest, and must not run private businesses while in full-time service (farming excepted). Breaches can lead to vacation of office, disqualification up to ten years, and forfeiture of property.

The Fifth Schedule and the CCB/CCT

The Fifth Schedule, Part I of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is the constitutional "Code of Conduct for Public Officers." It is reinforced by the Code of Conduct Bureau and Tribunal Act (No. 1 of 1989, commenced 1 January 1991, now Cap. C15, LFN 2004), which establishes two institutions:

• Code of Conduct Bureau (CCB) — receives asset declarations, investigates breaches, and refers cases to the Tribunal. Its functions are set out in s.3 of the Act.
• Code of Conduct Tribunal (CCT) — adjudicates breaches and imposes punishment under s.23. Appeals lie to the Court of Appeal as of right.

Part II of the Fifth Schedule lists the public officers covered, including the President, Vice-President, legislators, Governors, judges, the Attorney-General, Ministers, military and police chiefs, Permanent Secretaries, ambassadors, local government chairmen, heads of statutory corporations, university staff, and members of permanent commissions.

Asset Declaration (s.15 Act; Paragraph 11, Fifth Schedule)

Every public officer must submit to the CCB a written declaration of all properties, assets, and liabilities — including those of spouse and unmarried children under 21 (Constitution) or under 18 (Act). The declaration is due:

• within three months of taking office (Constitution) / immediately after taking office,
• at the end of every four years,
• at the end of the term of office, and
• for serving officers, within 30 days of receipt of the form from the Bureau.

Any false statement is deemed a breach. Any property acquired after declaration that is not fairly attributable to income, gift, or loan approved by the Code is deemed acquired in breach unless the officer proves otherwise (Paragraph 11(3)). Acts done through nominees, trustees, or agents are deemed breaches (s.17 Act; Paragraph 13, Fifth Schedule).

Prohibition on Foreign Accounts (Paragraph 3, Fifth Schedule; s.7 Act)

The President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, members of the National Assembly and State Houses of Assembly, and such other officers as the National Assembly may prescribe shall not maintain or operate a bank account in any country outside Nigeria. For most federal civil servants below these categories, foreign accounts are not barred by Paragraph 3 itself, but the CCB may still investigate unexplained offshore holdings as breaches of the asset-declaration regime.

Gifts and Benefits (s.10 Act; Paragraph 6, Fifth Schedule)

• A public officer shall not ask for or accept any property or benefit for himself or any other person on account of anything done or omitted in the discharge of duties (s.10(1)).
• Gifts or benefits from commercial firms, business enterprises, or persons who have contracts with Government are presumed to be in contravention unless the contrary is proved (s.10(2)).
• A public officer may accept only personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom. Gifts on public or ceremonial occasions are treated as gifts to the appropriate institution (s.10(3)).

Restrictions on loans and benefits to certain senior officers are set out in s.11 (Act) and Paragraph 7 (Fifth Schedule): the President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, and heads of public corporations, universities, or parastatals shall not accept a loan except from government, its agencies, or a recognised financial institution, nor any benefit from any company, contractor, businessman, or their nominee/agent. Bribery is separately prohibited by s.12.

Conflict of Interest (s.5 Act; Paragraph 1, Fifth Schedule)

"A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities." This is the core conflict-of-interest rule and the basis for many CCB investigations. Where an officer's private interest (family, business, investment) intersects with an official duty, the officer must disclose and step aside.

Moonlighting / Outside Employment (s.6 Act; Paragraph 2, Fifth Schedule)

Without prejudice to s.5, a public officer shall not:

• (a) 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 office; or
• (b) except where he is not employed on a full-time basis, engage or participate in the management or running of any private business, profession or trade — but nothing in this paragraph prevents a public officer from engaging in farming or participating in the management or running of any farm.

This is the "moonlighting" rule: full-time federal civil servants may not run private businesses or professions, with the farming carve-out. The provision does not bar passive shareholding that does not amount to management or running; the line is "management or running."

Membership of Societies (s.14 Act; Paragraph 9, Fifth Schedule)

A public officer shall not belong to, or participate in the activities of, any secret society, cult, or any organisation whose activities are not known to the public.

Enforcement and Punishment (s.23 Act; Paragraph 18, Fifth Schedule)

Where the Tribunal finds an officer guilty, it may impose:

• vacation of office,
• disqualification from holding any public office for a period of up to ten years,
• seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

Appeal lies to the Court of Appeal. The CCB may also issue search warrants (s.25) and refer criminal aspects for prosecution.

Quick Comparison: CCB vs FCSC Discipline

Both regimes can apply to the same officer: a civil servant who falsifies an asset declaration faces CCB/CCT proceedings for the false declaration and may also face PSR discipline for the underlying dishonesty.