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CODE OF CONDUCT BUREAU AND TRIBUNAL ACT

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ARRANGEMENT OF SECTIONS

PART I 

Code of Conduct Bureau 

1.         Establishment of the Code of Conduct Bureau.

2.         Aims and objectives of the Bureau.

3.         Functions of the Bureau.

4.         Members of staff of the Bureau.

5.         Conflict of interest with duty.

6.         Restrictions on specified officers.

7.         Prohibition of foreign accounts.

8.         Retired public officers.

9.         Certain retired public officers.

10.       Gifts or benefits in kind.

11.       Restriction on loans, gifts or benefits to certain public officers.

12.       Bribery of public officers.

13.       Abuse of powers.

14.       Membership of societies.

15.       Declaration of assets.

16.       Allegation of breach of provisions of this Act.

17.       Agents and nominees.

18.       Exemption.

19.       Indemnity of members of the Bureau.

PART II

Code of Conduct Tribunal 

20.       Establishment of Code of Conduct Tribunal.

21.       Staff.

22.       Tenure of office of Chairman and member.

23.       Powers of the Tribunal to impose punishment.

24.       Rules of procedure and institution of proceedings.

25.       Power to issue search warrants.

PART III 

 Miscellaneous

26.       Interpretation.

27.       Short title.

SCHEDULES

FIRST SCHEDULE

Form (CCB.1) 

Public officers for the purposes of the Code of Conduct 

THIRD SCHEDULE  

Code of Conduct Tribunal Rules of Procedure  

CODE OF CONDUCT BUREAU AND TRIBUNAL ACT

An Act to provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of Corruption by public servants for the breaches of its provisions.

 

[Commencement. ]        [1st January, 1991]

 

PART I 

Code of Conduct Bureau 

1.         Establishment of the Code of Conduct Bureau  

(1)        There is hereby established a bureau to be known as the Code of Conduct Bureau (in this Act referred to as "the Bureau").

(2)        The Bureau shall consist of a chairman and nine other members who shall be-

(a)        persons of unimpeachable integrity in the Nigerian society; and

(b)        at the time of appointment, not less than fifty years.

(3)        The chairman and the other members shall be appointed by the President subject to confirmation of the Senate.

(4)        The chairman and any member shall vacate office upon attaining the age of seventy.

2.         Aims and objectives of the Bureau  

The aims and objectives of the Bureau shall be to establish and maintain a high standard of morality in the conduct of government business and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability.

3.         Functions of the Bureau  

The functions of the Bureau shall be to-

(a)        receive assets declarations by public officers in accordance with the provisions of this Act;

(b)        examine the assets declarations and ensure that they comply with the requirements of this Act and of any law for the time being in force;

(c)        take and retain custody of such assets declarations; and

(d)        receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by section 20 of this Act in accordance with the provisions of sections 20 to 25 of this Act:

Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary.

4.         Members of staff of the Bureau  

(1)        Subject to the provisions of this Act, the tenure of office of staff of the Bureau shall be the same as that provided for in respect of officers in the civil service of the Federation.

(2)        The power to appoint members of staff of the Bureau and to exercise disciplinary control over them shall vest in the Bureau, and shall be exercisable in accordance with the provisions of rules and regulations as may, from time to time, be made by the President.

5.         Conflict of interest with duty  

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

6.         Restrictions on specified officers  

Without prejudice to the generality of section 5 of this Act, 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

(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 paragraph shall prevent a public officer from engaging in farming or participating in the management or running of any farm.

7.         Prohibition of foreign accounts  

Any public officer specified in the Second Schedule to this Act or any other persons as the President may, from time to time, by order prescribe, shall not maintain or operate a bank account in any country outside Nigeria.

[Second Schedule.]

8.         Retired public officers  

A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remunerative position as chairman, director or employee of a company owned or controlled by any Government or public authority or receive any other remuneration from public funds in addition to his pension and the emolument of one such remunerative position.

9.         Certain retired public officers  

(1)        Retired public officers who have held offices to which this section applies are prohibited from service or employment in foreign companies or foreign enterprises.

(2)        This section applies to the office of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy Governor of a State.

10.       Gifts or benefits in kind  

(1)        A public officer shall not ask for or accept any 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 subsection (1) of this section, 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 subsection (1) of this section, 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 benefit to a public officer on any public or ceremonial occasion shall be treated as gifts or benefits to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift or benefit shall not be treated as a contravention of this provision.

11.       Restriction on loans, gifts or benefits to certain public officers  

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 office of a Director-General or head of any public corporation, university, or other parastatals organisation shall not accept-

(a)        a loan, except from government or any of its agencies or a bank, building society or other financial institution recognised by law; or

(b)        any benefit of whatever nature from any company, contractor, businessman or the nominee or agent of such person:

Provided that the head of a public corporation or of a university or other parastatals organisation may, subject to the rules and regulations of any such body, accept a loan from any such body.

12.       Bribery of public officers  

No person 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.

13.       Abuse of powers  

A public officer shall not do or direct to be done, in abuse of his office, any act prejudicial to the rights of any other person, knowing that such act is unlawful or contrary to any government policy.

14.       Membership of societies  

A public officer shall not be a member of or belong to or take part in any society the membership of which is incompatible with the functions or dignity of his office.

15.       Declaration of assets  

(1)        Every public officer shall, within fifteen months after the coming into force of this Act or immediately after taking office and thereafter-

(a)        at the end of every four years;

(b)        at the end of his term of office; and

(c)        in the case of a serving officer, within thirty days of the receipt of the form from the Bureau or at such other intervals as the Bureau may specify, submit to the Bureau a written declaration in the Form prescribed in the First Schedule to this Act or, in such form as the Bureau may, from time to time, specify, of all his properties, assets and liabilities and those of his spouse or unmarried children under the age of twenty-one years.

(2)        Any statement in any declaration that is found to be false by any authority or person authorised in that behalf to verify it, shall be deemed to be a breach of this Act.

(3)        Any property or assets acquired by a public officer after any declaration required by subsection (1) of this section and which is not fairly attributable to income, gifts or loan approved by this Act, shall be deemed to have been acquired in breach of this Act unless the contrary is proved.

16.       Allegation of breach of provisions of this Act  

Any complaint that a public officer has committed a breach of or has not complied with the provisions of this Act shall be made to the Bureau.

17.       Agents and nominees  

A public officer who does any act prohibited by this Act through a nominee, trustee or other agent shall be deemed ipso facto to have committed a breach of this Act.

18.       Exemption  

(1)        The President may by order exempt any cadre of public officers from the provisions of this Act if it appears to him that their position in the public service is below the rank which it considers appropriate for the application of those provisions.

(2)        The President may by order confer on the Bureau such additional powers as may appear to it to be necessary to enable it to discharge more effectively the functions conferred upon it under this Act.

19.       Indemnity of members of the Bureau  

The chairman and other members of the Bureau shall not be liable, and shall be indemnified, in any action or litigation for any acts or omissions done or purported to be done in the course of the discharge of their duties under this Act.

PART II  

Code of Conduct Tribunal  

20. Establishment of Code of Conduct Tribunal  

(1)        There is hereby established a tribunal to be known as the Code of Conduct Tribunal (in this Act referred to as "the Tribunal").

(2)        The Tribunal shall consist of a chairman and two other members.

(3)        The chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.

(4)        The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council.

(5)        The National Assembly may by law confer on the Tribunal such additional powers as may appear to it to be necessary to enable the Tribunal to discharge more effectively the functions conferred on it under this Act.

21.       Staff  

(1)        The tenure of office of the staff of the Tribunal shall, subject to the provisions of this Act, be the same as that provided for in respect of officers in the civil service of the Federation.

(2)        The power to appoint the staff of the Tribunal and to exercise disciplinary control over them shall vest in the members of the Tribunal and shall be exercisable in accordance with the provisions of this Act.

22.       Tenure of office of Chairman and member  

(1)        Subject to the provisions of this section, a person holding the office of chairman or member of the Tribunal shall vacate his office when he attains the age of seventy years.

(2)        A person who has held office as chairman or member of the Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.

(3)        A person holding the office of chairman or member of the Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Act.

(4)        A person holding the office of chairman or member of the Tribunal shall not be removed from office before retiring age, save in accordance with the provisions of this section.

23.       Powers of the Tribunal to impose punishment  

(1)        Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2)        The punishment which the Tribunal may impose shall include any of the following-

(a)        vacation of office or any elective or nominated office, as the case may be;

(b)        disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c)        seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3)        The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4)        Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5)        Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4)        of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6)        Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7)        The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24.       Rules of procedure and institution of proceedings  

(1)        The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2)        Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3)        For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a)        after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b)        if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4)        Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

25.       Power to issue search warrants  

Notwithstanding the provisions of any other enactment conferring power to search, if the chairman of the Tribunal is satisfied that there is a reasonable ground to suspect that there may be found in any building or other place whatsoever, any books, records, statements or information in any form whatsoever, which, in his opinion, are or may be material to the charge or any trial under this Act, he may issue a warrant under his hand authorising any police officer or any member of the security agencies to enter, if necessary by force, the said building or other place and every part thereof, and to search for, seize and remove any such material as aforesaid, found therein.

PART III  

Miscellaneous  

26. Interpretation  

In this Act, unless the context otherwise requires-  

"The Bureau" means the Code of Conduct Bureau established by the Constitution and under section 1 of this Act;

[Cap. C23.]

"Business" means any profession, vocation, trade or any adventure or concern in the nature of trade, and excludes farming;

"Child" includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent;

"Emolument" means any salary, wage, overtime or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not the allowance, pension or annuity is paid, given or granted in respect of any employment or office);

"Functions" includes powers and duties;

"foreign companies" or "foreign enterprises" means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria;

"Members" includes the members of the Bureau or the Tribunal as the case may be;

"Public officer" means a person holding any of the offices specified in the Second Schedule to this Act;

"The Tribunal" means the Tribunal established by and under section 20 of this Act.

27.       Short title  

This Act may be cited as Code of Conduct Bureau and Tribunal Act.

 

SCHEDULES

FIRST SCHEDULE

FORM (CCB. 1)

[Order II Rule (2).]

Writ of summons in action in personam in the Federal High Court in the Admiralty Judicial Division 

Assets declaration form for public officers  

1.         Full name of declarant: ................................................................................

2.         Present appointment and date: .....................................................................................

3.         Rank: .................................................................................................................

4.         Address: ......................................................................................................

5.         (a) Last appointment.................................................................................

(b)        Date of appointment: From.................................To............................................

6.         Details of assets: ............................................................................................................

(a)        Cash in hand (if over N1,000) ........................................................................................

(b)        Cash in bank in Nigeria (give particulars of banks)..............................................................

(c)        Cash in bank outside Nigeria (give particulars of banks and countries) …………………………..

(d)        Landed property in Nigeria (give details together with value of each and annual income derived from each)-

Date acquired Total value

Annual income

i)          Buildings ……………....……………..……………

(ii)        Farms…………………………..……….....……

(iii)       Vacant land ……………....……………..……………

(iv)       Factories………………………….......……………

(v)        Other enterprises ……………...…………......……………

How acquired:

(i)................................................................................

(ii)        ...............................................................................

(iii)       ..............................................................................

(iv)       ..............................................................................

(v)        ...............................................................................

(e)        Movable property or assets:

Date acquired Total value

Annual income

(i)         Vehicles……………....………….

(ii)        Boats/other means of transport.…....………..………………………….

(iii)       Machinery, etc……………..…………………………….

(iv)       Furniture...................................................................

(f)        How acquired:

(i)         ......................................................................................................................

(ii)        …………………………………………………………………..............................................

(iii)       ………………………………………………………………….............................................

(iv)       ……………………………………………………………….................................................

(g)        Details of property outside Nigeria (as in (d) and (e) above)

Total value

Annual income…………………………………………………

(h)        Government securities including premium banks, savings certificates………………………………………………………………………………………………………………………

(i)         Shares, debentures and other securities (i) in Nigeria and (ii) outside Nigeria

(j)         Details of assets/property of (a) wife/wives (b) children if not public officers, liable to assets declaration

(i)         Wife/wives ……………………………………………………………………………...............

(ii)        Children…………………………………………………………………………………………………………………………………

(k)        I,........................................................................................................ .(full names) solemnly declare that the facts given by me in this form are correct and that I conscientiously believe same to be true by virtue of the provisions of the Oaths Act.

...................................

Signature of declarant

Declared at........................................................................... Registry................................................

This...................................day of......................................................20.................

Before me

High Court Judge

Space for additional relevant information under paragraphs 6 (a)-(i) if necessary

For official use  

1. Date of receipt of Form………………………………………………….....................................

2. Action taken (a) acknowledgement slip issued

(b) filed

(c) sent for variation

Signature........................................................................................

Name......................................................................................................................

(Receiving officer)  

Acknowledgement slip  

(From Office of deposit)                                                                               Receipt No……………….

Received from ………………………………................................................................................... of ................................................................ . copies of Form CCB.I

Signature ………………………......

Name……………………………....

Receiving officer…………………..

Date…………………………………………………….

SECOND SCHEDULE

[Section 7.]  

Public officers for the purposes of the Code of Conduct  

1.         The President of the Federation.

2.         The Vice-President of the Federation.

3.         The President and Deputy President of the Senate, Speakers and Deputy Speakers of the House of Representatives and of the Houses of Assembly of States, and all members and staff of Legislative Houses.

4.         Governors and Deputy Governors of States.

5.         Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other judicial officers and all staff of courts of law.

6.         Attorney-General of the Federation and Attorney-General of each State.

7.         Ministers of the Government of the Federation and Commissioners of the Governments of the States.

8.         Chief of Defence Staff, Head of the Army, Navy, Air Force and all members of the Armed Forces of the Federation.

9.         Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other Government security agencies established by law.

10.       Secretary to the Government of the Federation, Head of the Civil Service, Permanent Secretaries, Directors-General and all other persons in the civil service of the Federation or of the States.

11.       Ambassadors, High Commissioners and other officers of Nigerian Missions Abroad.

12.       Chairman and other members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.

13.       Chairmen and other members and staff of local government councils.

14.       Chairmen and members of the Boards of other government bodies and staff of statutory corporations and of companies in which the Federal or any State Government has controlling interests.

15.       All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or local government councils.

16.       Chairmen and other members and staff of permanent commissions or councils appointed on full-time basis.

 

THIRD SCHEDULE

[Section 7.]

Code of Conduct Tribunal Rules of Procedure    

Commencement and Conduct of Trial  

1. Institution of proceedings  

The trial of offences under this Act shall commence by way of an application, supported by a summary of evidence or affidavit to the Tribunal by the prosecutor.

2. Order on an accused to appear  

Where, after the perusal of the application and the summary of evidence, affidavit or any further evidence in such forms as the Tribunal may consider necessary, the Tribunal is satisfied that any person appears to have committed an offence provided under this Act, it shall cause that person to be brought before the Tribunal on such date and at such time as it may direct.

3. Commencement of trial  

(1) When the Tribunal is ready to commence the trial, the accused shall be brought before it and the Tribunal shall read or cause to be read to him the substance of the complaint against him and he shall be asked whether he is guilty of the offence or offences charged.

(2) If the accused pleads guilty, the plea shall be recorded and he may in the discretion of the Tribunal be convicted thereon.

4. Plea of not guilty or no plea  

If the accused pleads not guilty or makes no plea or refuses to plead or if the Tribunal enters a plea of not guilty on behalf of the accused, the Tribunal shall proceed to try the case.

5. Presentation of case for prosecution  

(1) After a plea of not guilty has been taken or no plea has been made, the prosecutor may open the case against the accused, stating shortly by what evidence he intends to prove the guilt of the accused.

(2) The prosecutor shall then examine the witnesses for the prosecution who may be cross-examined by the accused or his counsel and may thereafter be re-examined by the prosecutor.

6. Procedure after presentation of evidence by the prosecutor  

(1) After the conclusion of the presentation of evidence by the prosecutor, the Tribunal shall ask the accused-

(a) whether he wishes to give evidence on his own behalf; and

(b) whether he intends to call any witness other than witnesses as to character.

(2) If the accused says that he does not intend to call any witnesses other than witnesses as to character, the prosecutor may sum up his case against the accused and the Tribunal shall then call upon the accused to enter upon the defence.

(3) Notwithstanding the provisions of paragraph (2) of this rule, the Tribunal may, if after hearing the evidence against the accused or any of several accused, it considers the evidence not sufficient to justify the continuation of the trial, record a finding of not guilty in respect of such accused without calling upon him or them to enter upon their defence and such accused shall thereupon be discharged and acquitted and the Tribunal shall then call upon the remaining accused, if any, to enter upon their defence.

(4) If the accused or anyone of several accused says that he intends to call any witness, other than a witness as to character, the Tribunal shall call upon the accused to enter upon his defence.

(5) Notwithstanding the provisions of paragraph (4) of this rule, the Tribunal may, before calling upon the accused to enter upon his defence, call upon the prosecutor to sum up his case against any one or more of the accused persons against whom it considers that the evidence is not sufficient to justify the continuation of the trial and, after hearing the summing up, if any, may in its discretion record a finding of not guilty in respect of any such accused or call upon any of them to enter upon his or their defence.

7. Defence  

When the Tribunal calls upon the accused to enter upon his defence the accused or his counsel may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and the accused may then give evidence on his own behalf, examine his witnesses, if any, and, after their cross-examination and re-examination, if any, the accused or his counsel may sum up his case.

8. Right of prosecutor to reply  

(1) If the accused or any of the accused calls any witness, other than a witness as to character, or any document, other than a document relating to character, is put in evidence for the defence, the prosecutor shall be entitled to reply.

(2) If the accused has called only evidence as to character, the prosecutor may at the close of the case for the defence adduce evidence of previous convictions of the accused.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this rule, the prosecution may, with leave of the Tribunal, be heard in reply on a point of law or on any new matter or evidence, other than evidence as to character introduced by the accused.

9. Consideration of findings  

When the case for the defence and the reply of the prosecution, if any, are concluded and the Tribunal does not desire to put any further question to the accused, the Tribunal shall retire or adjourn to consider its findings.

10. Announcement of findings  

After the Tribunal has made its findings, the Chairman shall announce such findings and, where the accused is found guilty, it shall impose the appropriate penalty prescribed in this Act, and issue an appropriate order accordingly.

11. Recommendation as to mercy  

The Tribunal may, in addition to its sentence, make an appropriate recommendation as to mercy but in any such case shall give reasons for such recommendation.

12. Notes of evidence to be taken  

(1) The Chairman or any other member of the Tribunal authorised by the Chairman in that behalf shall, in every case, take notes in writing of the oral evidence, or so much thereof as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the notes, at the conclusion of each day's proceedings.

(2) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Chairman shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings.

13. Issue of summons for witness If the Tribunal is satisfied that any person is likely to give material evidence for the prosecution or for the defence, the Tribunal may issue a summons to such person requiring him to attend, at a time and place to be mentioned therein, before the Tribunal to give evidence in respect of the case and to bring with him any specified documents or things and any other documents or things relating thereto which may be in his possession or power or under his control.

14. Warrant of witness after summons  

If the person to whom any such summons is directed does not attend before the Tribunal at the time and place mentioned therein, and there does not appear to the Tribunal on inquiry to be any reasonable excuse for such non attendance, then after proof to the satisfaction of the Tribunal that the summons was duly served or that the person to whom the summons is directed willfully avoided service, the Tribunal, on being satisfied that such person is likely to give material evidence, may issue a warrant to apprehend him and to bring him, at the time and place to be mentioned in the warrant, before the Tribunal in order to testify as aforesaid.

15. Local inspections  

It shall be the duty of the Tribunal to make or cause to be made such local inspection as the circumstances of the case may require.

16. Forms  

Subject to any express provisions of these rules, the forms contained in the Annex to these Rules may, in accordance with any instructions contained in the said forms, and with such variation as the circumstances of the particular case may require, be used in the case to which they apply, and when so used, shall be good and sufficient in law.

17. Application of Criminal Procedure Act or Code  

Where these Rules contain no provision in respect of any matter relating to or connected with the trial of offences under this Act, the provisions of the Criminal Procedure Act or, depending on the venue, the Criminal Procedure Code shall, with such modifications as the circumstances may require, apply in respect of such matter to the same extent as they apply to the trial of offences generally.

[Cap. C41.]

18. Interpretation  

In these Rules, "the prosecutor" means the Attorney-General of the Federation or any other person authorised by him pursuant to section 24 of this Act to conduct the prosecution of an offence before the Tribunal or to assist therein.

ANNEX

FORMS

FORM 1

[Order II Rule (2).]

To: The Chairman,

Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act

…………………………………………….

……………………………………………..

…………………………………………….

1. Pursuant to section 24 of the Code of Conduct Bureau and Tribunal Act, I hereby apply to the commencement of a trial for the offence of ……...under section of the Act against the under-mentioned persons-

(i).....................................................................................................................................................

(ii)......................................................................................................................................................

2. In support of this application I attach hereto……………………. copies of the summary of evidence or affidavit for the consideration of the Tribunal.

3. If this application is granted, I shall be relying on the facts disclosed in the summary of evidence and any further evidence the Tribunal may consider necessary at the trial. I attach hereto four copies of the charge against the accused. A list of the deponents and their addresses is also attached for the purpose of issuing summonses to them.

…………..…………..………

Prosecutor 

FORM 2

Summons to accused  

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

To. A.B. of....................................................................................................................................... Complaint has been made this day by .........................................................................................for that on the ................................day of....................... at......................... in the ..........................aforesaid did…………………………………………………………………………................... ………………………………………………………………………………………………………………………………

You are therefore summoned to appear before the Tribunal mentioned above sitting at....................................................................on............................................. to answer the said complaint

DATED the ..........................................day of…………........................................20……………. …………………

 Chairman of the Tribunal  

*State concisely the substance of the offence.

FORM 3 

Warrant for apprehension of accused 

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused To ............................................. Police Officer, complaint has been made on ...........................of ............................ by ........................that ......................... .hereinafter called the accused, on the

...........................................day....................................... of................................................. did. You are hereby commanded to bring the accused before the Tribunal mentioned above sitting at ......................................................................... on .................................................................. to answer the said complaint and to be dealt with according to law.

DATED the ....................................................day of ...........................................20.......................

………………………………

Chairman of the Tribunal

* State concisely the substance of the offence.

FORM 4

Summons to witness In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused

To (i).......................................................................................................

(ii)................................................................................................................has been charged by

(iii).............................................................................at................................................................

in.....................................................................that he did (iv)……………………………………... and it appearing to me on the application of (iii) .............................................................................. that you are likely to give material evidence therein on behalf of the prosecutor (or accused).

You are therefore summoned to appear before the Tribunal named above sitting at ……...............on the .......................................day of.....................20............. at the hour of ..................in the ........ .noon to testify what you know in such matter.  

DATED the........................................ day of ................................................... 20............................

…………………………….

Chairman of the Tribunal

(i) Insert name of witness.

(ii) Insert name of accused.

(iii) Insert the name of prosecutor.

(iv) State concisely the substance of the offence.

FORM 5

Warrant for apprehension of witness in the first instance In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

To..................................................................................................................................... .A.B. has been charged by ................................................................................................. .for that he on the ........................................... day of....................................................... at............................ in the .............................................State aforesaid did*..........................................................................…………………………............................

And it appearing to me by the oath of that………..................is likely to give material evidence concerning the said matter and that it is probable he will not attend to give evidence unless compelled to do so.

You are therefore hereby commanded to bring him before the Tribunal named above sitting at ...................................................................................... .forthwith to testify to what he knows concerning the said matter.

DATED the ............................................... day of ........................................................ 20 …….. …………………………….

Chairman of the Tribunal

*State concisely the substance of the offence.

FORM 6

 Warrant for apprehension of witness 

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused to ............................................................. Police Constable or to each and all the Constables …………………………………................

(i)............................................................was duly summoned to appear before the Tribunal named above sitting at ...............................on........................ at the hour of .......................................... in the............................................... noon, to testify to what he knows concerning a certain complaint against ................................................................................ And he has neither appeared thereto, nor offered any just excuse for his neglect.  And it has been proved on oath that the summons has been duly served on him and that a reasonable sum has been paid or tendered to him for his costs and expenses in that behalf. You are therefore commanded to bring him before the Tribunal named above sitting at.

........................................................................................................... forthwith to testify to what he knows concerning the said matter. DATED the ........................................ day of.............................................................20...................

…………………………….

Chairman of the Tribunal

(i) Insert name of witness.

FORM 7

Warrant for commitment of witness 

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused to .................................................. and to the Superintendent.......................of Prison

(i) .................................................................. having appeared or been brought before the Tribunal named above sitting at ................................... on the ........................day of .................20 .......... to testify what he knows concerning a certain matter against (ii) ..................................................... refused to take an oath (or having taken an oath) refused to answer any (or a certain) question put to him concerning the matter and did not offer any just excuse for his refusal. You, the said Police Officer, are hereby commanded to convey the said ………………...............safely to the prison, and deliver him to the Superintendent thereof, together with this warrant and you, the Superintendent of the said prison, to receive him into your custody and keep him for the period of............................................................................. unless, he in the meantime consents to be examined and to answer concerning the matter.  DATED the................................................day of..............................................20...........................

…………………………….

Chairman of the Tribunal

(i) Insert name of witness.

(ii) Insert name of accused.

FORM 8

Commitment of reward 

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused to............................................................................................................and Officer-in-Charge of

................................................................................................................ Police Station and to the

Superintendent of ………………………………..................................................................Prison

(i)..........................................................................................................................hereinafter called the accused being brought before the Tribunal named above, sitting at........................................................................................................................................................... charged with having

(ii) ……………...............................................................................................................................

The hearing of the case being adjourned:

You, the said Police Officer, are hereby commanded to convey the accused to Police custody

At..........................................................................*to the prison, and thereto deliver him to the Officer-in-Charge*/Superintendent thereof, together with this warrant, and you, the Officer-in-Charge*/the Superintendent of the said prison, to receive him into your custody, and keep him until............................................the day of........................................ 20.....................and on that day to convey him before the said Tribunal at the hour of......................................................in the...................................................................... noon to be further dealt with according to law. DATED the................................................. day of ............................................... 20 .......................

……………………………..

Chairman of the Tribunal

(i) Insert name of accused.

(ii) State the offence or offences.

*Delete whichever does not apply.

FORM 9  

Warrant of conviction 

In the Tribunal for the trial of offences under the Code of Conduct Bureau and Tribunal Act.

Between The Federal Republic of Nigeria and Accused

(i)…………………………………..having appeared before the Tribunal named above sitting at………………………………………….........is this day convicted for that he, on the.....................................................................day of........................20 ………….. at..........................................................................within the.......................................did

(ii) …………........................................................................................................................

And it is adjudged that the accused, for his said offence, be sentenced to

(iii) ……………..and the accused shall until the conviction and/or sentence is confirmed or disallowed by the Court of Appeal be kept in custody at

(iv)………….................................................................................................................................

DATED the..................................................day of ............................................20…………..

………………………………..

Chairman of the Tribunal

(i) Insert name of accused.

(ii) State the offence or offences for which accused is convicted.

(iii) Insert the Tribunal sentence.

(iv) Insert name of accused.

 

SUBSIDIARY LEGISLATION 

No Subsidiary Legislation



NOTES ON THE ACT








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