Isolate CCB from the Presidency

The Code of Conduct Bureau is a foremost anti-corruption agency created by the 1999 Constitution of the Federal Republic of Nigeria in relation to public officers. When compared to other anti-corruption agencies such as the EFCC and the ICPC, CCB is the only agency recognized in the constitution. As such it is of greater significance […]

The Code of Conduct Bureau is a foremost anti-corruption agency created by the 1999 Constitution of the Federal Republic of Nigeria in relation to public officers.

When compared to other anti-corruption agencies such as the EFCC and the ICPC, CCB is the only agency recognized in the constitution. As such it is of greater significance in the investigation and prosecution of graft amongst public officers. The CCB is also empowered to implement the code of conduct of public officers. A court known as the Code of Conduct Tribunal empowered by the 1999 Constitution was also set up for the purpose of adjudicating sanctions in contraventions of the code of conduct for public officers.

Part 1 of the Fifth Schedule to the 1999 Constitution also enumerated in sections 66, 107, 172, 173, 209, 292 and 318 provisions for the code of conduct of public officers. Some of the provisions include; the prohibition of conflict of interest. Paragraph 1 provides that a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

Conflict of interest exists when there is a personal conflicting interest in the discharge of public duties. This is largely experienced in contract awards or in the use of official property, information or opportunity to the personal advantage of a public officer. It could also arise where a public officer sets up a business or has interest in a business which is in competition with the government business, which is his employer.

The code of conduct also prohibits certain public officers such as the president, vice-president, governor, deputy governor, ministers of the government of the federation and commissioners of the governments of the states, members of the National Assembly and of the Houses of Assembly of the states, and such other public officers or persons as the National Assembly may by law prescribe, from maintaining or operating a bank account in any country outside Nigeria.

Other provisions of the code include mandatory declaration of assets and liabilities of public officers. As enumerated in paragraph 11, every public officer shall within three months after the coming into force of the Code of Conduct or immediately after taking office and thereafter at the end of every four years and at the end of his term of office 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.

The CCB is currently being controlled by the presidency as against the provision of the constitution. The effect of this is that it creates room for dependency on the presidency for funding thereby making the bureau ineffective. Recall, by virtue of Part 11 of the 5th schedule of the constitution the presidency is amongst those termed as public officers which the bureau is supposed to oversight.

Evidently the CCB would not be able to play its function if allowed to remain under the presidency. The EFCC and ICPC as a creation of the presidency enjoy more financial support and empowerment when compared with the CCB. No wonder the CCB does not have adequate manpower with limited budget to carry out its operation effectively. The CCB cannot boast of any prosecution of a public officer in the CCT

Based on the above, it is recommended that the officers of the CCB should be an appointment of the National Judicial Council. The CCB should also enjoy a first line budgetary charge as applicable to other arms of the Judiciary.

 

Victor Emejuiwe writes from Centre for Social Justice, Abuja  [email protected]