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By Gregory T. Okere
The Code of Conduct Bureau (CCB) was established to reduce corruption and mainstream ethics in governance in the Nigerian public sector. The public sector as defined for the purpose of the Code of Conduct include the traditional civil servants, elected officials and all who work in public agencies. CCB has the constitutional responsibility of receiving assets declaration made by public officers, retaining custody of such declarations and making them available for inspection by citizens of Nigeria on such terms and conditions as may be imposed by the National Assembly. Furthermore, it is charged with ensuring compliance and where appropriate, enforcing the provisions of the Code of Conduct or any law related thereto as well as receiving complaints about non-compliance with or breach of the provisions of the Code of Conduct, investigate complaints and where appropriate, refer such matters to the Code of Conduct Tribunal.
The 1999 Constitution as amended provides an elaborate Code of Conduct in the Fifth Schedule to the Constitution. The issues covered by the Code include conflict of interest with duty, restrictions on specific officers, prohibition of foreign accounts, gifts or benefits in kinds, restrictions on certain retired officers, restrictions on loans and gifts to certain public officers. Others are bribery, abuse of power, membership of societies incompatible with the functions or dignity of office, breach of the Code and declaration of assets.
The Code of Conduct Tribunal (CCT) has quasi-judicial functions for the trial of public officers alleged to have violated the Code of Conduct. Where the CCT finds that a public officer has violated the provisions of the Code, it shall impose punishment including vacation of office or seat in any legislative house, disqualification from holding public office for a period of ten years, seizure or forfeiture to the state of any property acquired through abuse of office or corruption. The findings and punishment imposed by the CCT cannot found a plea for double jeopardy in any subsequent criminal prosecution. Such public officer can be arraigned and still be tried in a court of competent jurisdiction and punished accordingly notwithstanding that the facts in support of the criminal trial are the same as the CCT proceedings.
As indicated above, the essence of the existence of the CCB, CCT and the entire assets and liabilities declaration system is to maintain national ethics, eliminate corruption and encourage probity while enhancing productivity in public service. The CCB is to ensure that the behavior of public officers complies with the very best requirements of public morality and accountability. This includes public officers working at the federal, state, local governments and the various Area Councils in Nigeria. The CCB and CCT exercise power over the three tiers and arms of Government ranging from the executive, the legislature and the judiciary.
However, most public officers find it difficult, if not impossible to declare their assets and some who decide to do so, in most cases do not fully declare or timely update their assets and liabilities declarations. Compared to the number of public officers expected to declare assets nationwide which is in excess of seven million persons, public resources made available through the federal budget to the CCB to accomplish its mandate is very poor. CCB with a staff strength of less than 1000 and an average annual budget of N3.614billion in the last six years has the task of demanding, receiving, verifying, processing and activating the enforcement mechanism for over seven million declarations. This is virtually an impossible task because the available human and material resources do not match the assignment given to the CCB.
Furthermore, the manual process of assets and liabilities declaration is very rigorous and time consuming. It is in the light of the foregoing that discerning Nigerians welcome the planned introduction of the Online Assets Declaration System (OADS) by the CCB. OADS will make it easy for declarants to comply with the constitutional requirement to declare their assets and liabilities. With enhanced access to digital technology and data services across the country, it will be easy for declarants to use computers and possibly cell phones to fill the forms and submit same online. The declarant will access the forms online, completes the form on or offline but submits the form online. Even corrections, rectifications and additions will be easily done online without undue costs and burden. The online process will save transport and logistics costs of approaching the offices of the Bureau to collect and return filled forms. Essentially, the OADS will automate the system, reduce the drudgery and make it easier to process the declarations. With the relevant search engines and identification mechanisms, it will be easier for the CCB to verify and review assets declarations.
The ease of compliance will come with increased compliance by declarants as shown by comparative evidence in the case of Argentina and other countries that introduced OADS. However, at this initial stage, there would be need for appropriate communications through training, detailed user manuals and guides, websites, media dissemination of information, fliers and dissemination of frequently asked questions. This is to provide effective communication between the declarants and the Bureau.
In conclusion, improvements to the assets and liabilities declaration system in Nigeria through the introduction of technology will improve transparency and accountability and facilitate greater productivity in the public service of the federation and the states.
Okere, Centre for Social Justice Abuja
