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Progress Report

 

ANNUAL REPORT OF LEGAL DEPARTMENT, CODE OF CONDUCT BUREAU FROM JANUARY TO DECEMBER, 2O12
1. FUNCTIONS
i)    Providing legal advice and opinion to the Bureau;
ii)    Liaising with the Office of the Attorney-General of the Federation on matters pertaining to the Bureau’s statutory duties, and review of the Code of Conduct Bureau and Tribunal Act, and matters pertaining thereto;
iii)    Attends Petition Screening Committee meetings.
iv)    Prosecute public officers who contravene the code of conduct for public officers and defend all matters of interest to the Bureau.
v)    Vetting Agreements, Contracts and Memoranda of Association; and
vi)    Performance of any other functions as may be directed by the Bureau.
2. KOGI TRIBUNAL SITTING:
The Legal Department attended the first Code of Conduct Tribunal sitting for the year from 17th -19th April, 2012. It prosecuted 172 public officers from Kwara and Kogi States charged for defaulting in declaring their Assets, as enshrined in Paragraph 11 of Part 1, Fifth Schedule of the Constitution, at the sitting of the Code of Conduct Tribunal in Lokoja, Kogi State. The public officers charged consist of staff of Nigerian Television Authority, Government House, Ilorin, Kwara State House of Assembly, Nigeria Police and staff of Local Government Councils from Kogi State. The table below shows summary of the proceedings that took place at the Tribunal sitting at Lokoja.

 

S/No State Number of Cases Charged Number Convicted Number Struck Out Number Pending
1 Kwara and Kogi 172 2 147 23

143 of the cases filed at the Tribunal from kwara state where struck out from the Tribunal because of absence of prosecution witness. Two public officers were convicted by the Tribunal and were asked to vacate their offices for a year. Twenty three cases are still pending at the Tribunal.

3.    CHARGES FILED AT THE CODE OF CONDUCT TRIBUNAL HEADQUARTERS, ABUJA ARISING FROM PETITIONS RECEIVED BY THE PETITION SCREENING COMMITTEE.
The Legal Department has further filed charges against the following public officers’ persons before the Code of Conduct Tribunal and hearing has already commenced on 11th – 13th September, 2012 and is now at different stages of proceedings at the Tribunal are  listed below:

(i)    F.R.N VS. EMIL LEMKE INYANG
(ii)    F.R.N VS. BARR. KECHUKWU OZOR
(iii)    F.R.N VS. RASHEED OWOLABI TAIWO
(iv)    F.R.N VS. MOHAMMED TUKUR ALIYU
(v)    F.R.N VS. ALIYU UMAR SANTURAKI
(vi)    F.R.N VS. DAUDA ASHIGYE
(vii)    F.R.N VS. DR. NATHANIEL OLAITAN ODEDIRAN
(viii)    F.R.N VS. DR. WILLIE O. SIYANBOLA



4. FRESH CHARGES
The Legal Department is drafting fresh charges against public officers who have defaulted in declaring their Assets from the following States and Organizations, namely:
(i)    Abia State
(ii)    Akwa Ibom State
(iii)    Bauchi State
(iv)    Bayelsa State
(v)    Borno State
(vi)    Cross River State
(vii)    Ebonyi State
(viii)    Enugu State
(ix)    Kano State
(x)    Katsina State
(xi)    Nassarawa State
(xii)    Rivers State
(xiii)    Nigerian Custom Service
(xiv)    Vehicle Inspection Office
(xv)    Independent Electoral Commission
(xvi)    Kwara  State
The charges in respect of the above listed states and establishments will be filed in January, 2013 when the Code of Conduct Tribunal Chairman and members resume from vacation.

5. CODE OF CONDUCT TRIBUNAL SITTING AT JALINGO FROM 27TH TO 29TH NOVEMBER 2012
The Tribunal sat at Jalingo, Taraba state and considered cases from 3 (three) states from the North East geopolitical zone of the country namely Adamawa, Gombe and Taraba states. Of the 116 (One Hundred and Sixteen) cases that were mentioned for hearing 7 were stuck out. 10 were acquitted. 11 of the public officers were deceased and two were convicted. 86 cases are pending before the Tribunal.
The table below is a summary of the cases tried at the Tribunal sitting at Jalingo.

 

State Cases Listed Cases Struck Out Number of Persons Aquitted No of Defaulters Death Convicted Pending
Gombe 17 Nil 2 2 - 13
Adamawa 13 Nil 2 Nil - 11
Taraba 86 7 6 9 2 62
Total 116 7 10 11 2 86

 

 

The statistical Representation of all cases sent to the Code of Conduct Tribunal for year 2012 is thus:-

 

 

No. of Cases No. Convicted No. Discharged and Acquited No. of Defaulters Death No. Adjourned
296 4 165 11 116

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Codes of Coduct

Code 1 - Conflict of Interest

Conflict of Interest - A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

Code 2 - Restriction on Specified Officers

Restriction on Specified Officers - 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 emoluments of any other public office; or
(b) except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade; but nothing in this sub-paragraph shall prevent a public officer from engaging in farming.

Code 3 - Prohibition of Foreign Accounts

Prohibition of Foreign Accounts - 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 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.

Codes 4 - 14

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