Journal of
Law and Conflict Resolution

  • Abbreviation: J. Law Conflict. Resolut
  • Language: English
  • ISSN: 2006-9804
  • DOI: 10.5897/JLCR
  • Start Year: 2009
  • Published Articles: 98

Review

Code of conduct tribunal proceedings and related constitutional issues

Aigbokhan E. President
  • Aigbokhan E. President
  • Solicitor and advocate of supreme court of Nigeria, Ekikhalo chambers 2nd floor, Edo State library complex, Sapele Road, Benin City, Edo State, Nigeria.
  • Google Scholar


  •  Received: 07 March 2014
  •  Accepted: 26 March 2014
  •  Published: 31 May 2014

Abstract

Servants of the public are themselves masters of themselves. The striking paradox of consequence of corruption has placed a high degree of proof on public officers who retain the level of fairness that match with the degree of the onus. The issue of corruption is not restricted to the dark hallways of government offices but officers who are under duty to enhance the society have rendered in tatters the entire sacrosanct mainstay of common good. This paper attempts to explore the Code of Conduct Bureau and Tribunal Act 2004. For the writer, the procedural form and provisions of the Act has inalienably invited constitutional problems. The case of Nwankwo v Nwankwo  that has set a limit of locus in action under the Act was reviewed. The paper identifies widespread discrimination in the enforcement of code of conduct for public officers in Nigeria. As part of recommendations the paper advises that the basic text of strong discipline in public service is the extent to which officials are being trained and tried for uncomplimentary relationship between the code and the judiciary. So the restriction of access to the tribunal at the detriment of individual with a cognizable interest is fatal to a regime committed to instilling discipline in public service.
 
Key words: Code of Conduct, constitutional issues, right and problems.