PHILIP NYAM reports 
There are moves by the House of Representatives’ Committee on Ethics and Privileges to enforce the code of conduct for lawmakers. PHILIP NYAM reports
Since the return of democracy in 1999, the conduct of some legislators has been a source of concern to a lot of Nigerians. Some of the activities that have taken place, especially in the National Assembly that borders on the conduct of members have left much to be desired.
There have been issues of fighting among members, while some had at one time or the other been suspended from the parliament for engaging in unparliamentary conducts. Some are even standing trial over allegations of theft or corruption in different courts in the country.
It is against this backdrop that the Civil Society Legislative Advocacy Centre (CISLAC) in conjunction with MacArthur Foundation organised a one-day training workshop for members of the House of Representatives committee on ethics and privileges in Abuja with the theme: “Strengthening legislative accountability and anticorruption mechanisms in Nigeria.”
At the workshop, held at the weekend in Abuja, the House Committee on Ethics and Privileges said it is prepared to enforce its code of conduct among members to ensure good conduct of lawmakers and improve the image of the parliament. Chairman of the committee, Hon. Kolawale Lawal (APC, Ogun) who disclosed this, said: “This training will no doubt enable both the members of the committee and indeed the entire members of the House of Representatives to internalise the global best practices on code of ethics in public service.
“It will strengthen the capability of the members of the committee to enforce the committee’s jurisdictional powers as stipulated in section-Vlll (a) of the Standing Orders of the House of Representatives.
“Also, it would reinforce legislative accountability mechanisms, more so, equip us to be advocates and vanguards of the fight against corruption in our legislative functions as well as in the entire public life of the citizens of our country, Nigeria.
“Consequently, erase the negative public image of the legislature and that of our country in the international community as well as accelerate the development of our dear country Nigeria.”
In his welcome address, the Executive Director of CISLAC, Mr. Auwal Rafsanjani said that it was the desire of the organisation for all legislators to adhere to the code of conduct. He added that CISLAC is ready to collaborate with the members of the committee on ethics and privileges in the house to close up every gap and ensure strict implementation of the code of conduct.
According to him, the work of the Ethics and Privileges Committee is not popular among members of the house, describing the committee as “the police of members.” Rafsanjani said that the functions of the committee are very important to expelling corruption from the legislature, urging support of stakeholders for the committee. In his remarks, Mr. Oladayo Olaide, the Deputy Director, MacArthur Foundation Nigeria Office, identified corruption as the biggest challenge confronting the nation.
Olaide said that until corruption is addressed, the effect of the huge sum money invested in various sectors of the economy will not be felt. He described corruption as an existential threat, charging the lawmakers to activate Administration of Criminal Justice Act to defeat it. He added that the Federal Audit Bill, Whistle Blowers Bill, Electoral Amendment Bill, and Proceed of Crime Bill aimed ensuring intergirty in governance pending at the parliament should be given speedy attention.
Olaide said that the demands of Nigerian youths to end police brutality which escalated into demands for good governance was a reflection of the desired exemplary leadership. He charged the committee to ensure the implementation of Code of Conduct which is imbedded in the Standing Rules of the house. In his paper titled: “Overview of code of conduct in Nigeria,” the chairman of the Code of Conduct Bureau, Prof. Isa Mohammed, said that there is currently a great distrust between the leaders and the led.
His words: “To have an overview of Code of Conduct in Nigeria with good understanding and proper enforcement thereof, will go a long way to win back the confidence of the electorates. In Nigeria today we have a number of codes of conduct aimed at regulating behaviors of different category of people both in public service and in private sector with a view to fighting a common enemy; that is corruption.
“The code of conduct regulating conducts and behaviors of public officials in Nigeria popularly called Code of Conduct for Public Officers can be found in our legislation and regulations thereto. Among others are Constitution of the Federal Republic of Nigeria, CCB&T Act, ICPC Act, EFCC Act, Public Procurement Act and Financial Regulations.”
He further said that policies put in place to make life better for the society is faced by the challenges of corrup-tion inspire of instruments put in place to tackle corruption in the country. Mohammed said it is dishonorable for public officers not to perform his duties for the good of all or to expect gifts in return for doing his job.
According to him, the fear of God or the fear of the law is what ensures things are done right but here, we do things with impunity. He said that if all Nigerians can just do things right, corruption would be addressed corruption in the country once and for all, noting that a number of regulatory institutions and professional bodies have one code of ethics for the industry they regulate or code of conduct for practice of certain profession, trade and calling.
“The regulations are all geared towards ensuring good moral behavior which includes honesty, integrity and transparency in the conduct of their business or practice of the profession or calling, as the case may be,” he said.
The CCB chairman, however, regretted that “in spite of all these, one can regrettably say today in Nigeria the behaviors of category of people in the above sectors have not been meaningfully influenced by either the code of conduct or code of ethics put in place for that purpose; hence, numerous challenges bedeviling the progress of our dear country and peaceful coexistence between different people that makeup nation.”
According to him, the need for the overview of code of conduct in Nigeria is very much appropriate since the “International Code of Conduct for Public officials (ICCPO) contained in the attachment to the United Nations General Assembly resolution51/59 passed in 1996, provides that Public officials shall, in accord with their position and as permitted or required by law and administrative policies, comply with the requirements for ICCPO.”
Speaking further, the CCB chairman noted: “The United Nations Convention against Corruption (adopted in 2003): Article 8 (Paragraph 3) requires in particular each state party shall endeavor to apply, within its own institutional and legal systems, code or standard of conduct for the correct, honourable and proper performance of public function.
“African Union Convention on Preventing and Combating Corruption (adopted in 2003): Article 7(2) commits State Parties to create an internal committee or a similar body mandated to establish a code of conduct and to monitor its implementation, sensitize and train public officials on matters of ethics.
“ECOWAS Protocol on the fight Against corruption provides in Article 5(g) that in order to realise the objectives set out in Article 2, each State Party shall take measures to establish and consolidate: National laws, regulations that will eliminate conflict of interest, abuse of powers and other CCPO.
“These international instruments oblige member states or signatories to the instruments to enthrone asset disclosure systems in the prevention and combating corruption. It is paramount to further state that Nigeria is a Signatory to the above international instruments.”
Also looking at local instruments, he said: “The Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as altered): Part 1 of the 5th Schedule to the CFRN, 1999 provides for the compliance with CCPO by all public officers in Nigeria as enlisted in Part II thereof. “The Code of Conduct Bureau and Tribunal Act, 1989 Cap C15 LFN, 2004 Provides in Sections 5 to 19 for the CCPO and attendant sanctions for non-compliance under section 23.
Further to (B) above Part I of the Third Schedule to the 1999 Constitution (as amended) paragraph 3 (a) to (e) empower the Code of Conduct Bureau not only to administer, examine (verify), and retain custody of assets declarations made, but also enforce compliance with provisions of CCOP or any law relating thereto.
“To ensure compliance the Bureau is as well conferred with investigative powers of monitoring, gathering intelligence and receiving complaints of non-compliance with the CCOP.
The Economic and Financial Crimes Commission Establishment Act section 27 provides that ‘Where a person is arrested for committing an offence under this Act, it shall be obligatory for such person to make a full disclosure of all his assets and properties by completing the Declaration of Assets Form as specified in Form A of the Schedule to this Act.”
Also, speaking on the topic: “Imperative of compliance monitoring and enforcement of a code of ethics for legislators,” the Director General, Nigerian Institute for Advanced Legal Studies, Prof. Muhammed Ladan, said that the Code of Conduct is already embedded in Standing Rules of the House. He charged the Committee on Ethics to make principal officers of the House, champions of the committee to make them buy into the committee’s agenda.
According to Ladan, once that is done, the leadership will not shield anybody found in breach of the Code of Conduct by the committee.
He said that the duty of the committee is embedded in sections 23 and 15 of the Constitution, urging them to utilise the powers. Ladan commended the lower chambers for its proactiveness over the years saying that the parliament remains the most important arm of government in a democratic society.
Also, at the event was the chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Prof. Bolaji Awosanye, who spoke on the topic: “Roadmap for promoting ethics and integrity in public service: Overview of the National ethics and integrity policy.”
With the various positions canvassed on the importance of ethics and the desire of the House committee to have code of conduct endorsed, it is now left to the Green Chamber to set the ball rolling.
