FIFTH SCHEDULE
PART I
CODE OF CONDUCT FOR PUBLIC OFFICERS
General
Conflict of interest with duty.
1. A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.
2. Without prejudice to the generality of the foregoing paragraph, 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
3. 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 shall not maintain or operate a bank account in any country outside Nigeria.
Retired public officers
4.
- (1) A public officer shall not, after his retirement from public
service and while receiving pension from public funds, accept more than
one remuneration position as chairman, director or employee of -
(a) a company owned or controlled by the government; or
(b) any public authority.
(2) a retired public servant shall not receive any other remuneration from
public funds in addition to his pension and the emolument of such one remunerative
position.
Certain retired public officers
5.
- (1) Retired public officers who have held offices to which
this paragraph applies are prohibited from service or employment in foreign
companies or foreign enterprises.
(2) This paragraph applies to the offices of President, Vice-President,
Chief Justice of Nigeria, Governor and Deputy governor of a State.
Gifts or benefits in kind
6.
- (1) A public officer shall not ask for or accept property
or benefits of any kind for himself or any other person on account of anything
done or omitted to be done by him in the discharge of his duties.
(2) for the purposes of sub-paragraph (1) of this paragraph, the receipt
by a public officer of any gifts or benefits from commercial firms, business
enterprises or persons who have contracts with the government shall be
presumed to have been received in contravention of the said sub-paragraph
unless the contrary is proved.
(3) A public officer shall only accept personal gifts or benefits from
relatives or personal friends to such extent and on such occasions as are
recognised by custom:
Provided that any gift or donation to a public officer on any public
or ceremonial occasion shall be treated as a gift to the appropriate institution
represented by the public officer, and accordingly, the mere acceptance
or receipt of any such gift shall not be treated as a contravention of
this provision.
Restriction on loans, gifts or benefits to certain
public officers
7. The President or Vice-President, Governor or Deputy Governor, Minister
of the Government of the Federation or Commissioner of the Government of
a State, or any other public officer who holds the office of a Permanent
Secretary or head of any public corporation, university, or other parastatal
organisation shall not accept -
(a) a loan, except from government or its agencies, a bank, building
society, mortgage institution or other financial institution recognised
by law,; and
(b) any benefit of whatever nature from any company, contractor, or
businessman, or the nominee or agent of such person:
Provided that the head of a public corporation or of a university or other
parastatal organisation may, subject to the rules and regulations of the
body, accept a loan from such body.
Bribery of public officers
8. No persons shall offer a public officer any property, gift or benefit
of any kind as an inducement or bribe for the granting of any favour or
the discharge in his favour of the public officer's duties.
Abuse of powers
9. A public officer shall not do or direct to be done, in abuse 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.
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