DISCIPLINE
SECTION 1 - INTRODUCTION
SECTION 2 - GENERAL INEFFICIENCY
SECTION 3 - MISCONDUCT
SECTION 4 - SERIOUS MISCONDUCT.
SECTION 5 - CONDUCT PREJUDICIAL TO THE SECURITY OF THE STATE
SECTION 6 - RETIREMENT IN PUBLIC INTEREST
SECTION 1 - INTRODUCTION
Officers to acquaint themselves with disciplinary rules in force.
04101 - It shall be the duty of every officer to acquaint himself with the disciplinary rules and any other regulations in force.
Authority & Delegation
04102 - The power to dismiss and to exercise disciplinary control over officers in the Abia State Civil Service is vested in the Abia State Civil Service Commission.
04103 - The Abia State Civil Service Commission has delegated full abs disciplinary powers to Permanent Secretaries and Heads of Extra- Ministerial Departments in respect of officers on salary GL. 01 - GL.04.
SECTION 2 - GENERAL INEFFICIENCY
Definition
04201 - General inefficiency consists of a series of omissions or incompetence the cumulative effect of which shows that the officer is not capable of discharging efficiently the duties of the office he holds.
Drawing attention to shortcoming
04202 - It shall be the duty of every superior officer, as soon as he observes any fault or shortcoming in the work of an officer subordinate to him, to bring it to the officer's notice and to record that this has been done, with a view to improving the officer's usefulness and efficiency in the service.
Removal for general inefficiency
04203 - Before proceedings for the removal of an officer for general inefficiency may be commenced, he must have been:
- warned on two or more occasions previously in writing (see Rule 04204) or suffered loss or deferment of his last increment; and
- given ample opportunity for improvement (within one year).
Removal of temporary staff for inefficiency
04204 – Permanent Secretaries/Heads of Extra-Ministerial Departments are authorized, subject to the provisions of the Labour Act (Cap. 198) and of individual letters of consideration for appointment (Form Gen. 69 and en. 69A) to terminate the employment of temporary staff at their discretion provided that prior to the termination of any such staff he has been informed of the grounds on which it is proposed to terminate his appointment and has been given an opportunity to submit representations why his employment should not be terminated. Similarly, prior to the termination of his service for inefficiency, such staff shall be warned of his fallings and be given an opportunity to improve or to offer a satisfactory explanation of his failure to perform his duties efficiently.
Withholding of increment delegated powers
04205 –
(a) Immediately a Permanent Secretary/Head of Extra-Ministerial Department, in the exercise of his delegated powers, decides to withhold or defer the increment of an officer, he shall so inform him in writing, stating the reason and, in the case of deferment, the period of deferment.
(b) where the powers are not delegated, and the Permanent Secretary/Head of Extra-Ministerial Department considers that the increment of an officer should be withheld or deferred he shall report the circumstances and his recommendations as to the withholding or period of deferment to the Abia State Civil Service Commission for a decision. If the decision is that the increment should be withheld or deferred, the Abia State Civil Service Commission will so inform the Permanent Secretary/Head of Extra- Ministerial Department who will thereupon inform the officer in writing, stating the reason and, in the case of deferment, the period of deferment. If the Civil Service Commission decides that the increment should be granted, the Permanent Secretary/Head of Extra-Ministerial Department will take action in acordance with Rule 04206.
(c) In all cases of withholding deferment in increment of Permanent Secretary/ Head of Extra – Ministerial Department shall inform the Accountant – General *************** General of Abia state.
Notification of defects
04206 - Immediately on ******************** warrant an increment despite some defects in the service of a officer, a Permanent Secretary/Head of Extra-Ministerial Department should bring the defect to the notice of the officer.
Effective date of termination of or inefficiency
04207 - In all cases of termination for inefficiency, notice of termination shall be given. The period of notice shall be one calendar month unless other period is appropriate in the light of a particular officer's terms of service. If it is decided that the officer shall leave the service immediately, he shall be paid salary equivalent to the period of the notice. The period of notice shall include any leave to which the officer is entitled. If the leave is longer than the period of notice, the officer shall be sent on leave and the period of notice absorbed by the leave.
SECTION 3 - MISCONDUCT
Definition
04301 - Misconduct is defined as a specific act of wrong-doing or improper behavior which can be investigated and proved. It includes:
- Wilful act or omission or general misconduct to the scandal of the public or to the prejudice of discipline and proper administration of the Government, e.g. dishonesty, drunkenness, false claims against Government, foul language, insubordination, negligence, falsification or suppression of records, failure to keep records, sleeping on duty, sogge loitering, unruly behaviour, dereliction of duty, etc.
- engaging in trade or business without authority;
- improper dressing to office or while performing official duties;
- hawking merchandise or engaging in any other form of trading, on office premises during office hours.
Issuing Query
04302 - As soon as a superior officer becomes dissatisfied with the behavior of any officer subordinate to him, it shall be his duty so to inform the officer in writing giving details of unsatisfactory behavior and to call upon him to submit within a specific time such written representation as he may wish to make to exculpate himself from disciplinary action. After considering such written representations as the officer may make within the specified time the superior officer shall decide whether:
a) the officer has exculpated himself in which case he shall be so informed in writing and no further action shall be necessary, or
b) the officer has not exculpated himself but it is considered that he should not be punished in which case an appropriate formal letter of advice shall be issued to him and he shall be required to acknowledge its receipt in writing, or
c) the officer has not exculpated himself and deserves some punishment, in which case Rule 04304 shall apply.
04303 - Where a Tribunal of Inquiry set up by Government makes recommendations of a disciplinary nature on an officer, the Abia State Civil Service Commission shall not act on such recommendations until it has called upon the affected officer to reply to the allegations made against him by the Tribunal of Inquiry. If the officer refuses or neglects to reply to the allegations within a reasonable time or at all, the Abia State Civil Service Commission or its agent shall proceed to accept and enforce the recommendations of the Tribunal of Inquiry and take such disciplinary action against the officer as it shall deem appropriate.
Repairing misconduct
04304 – (a) It shall be the duty of every officer to report any case of Reporting misconduct that comes to his notice to an officer superior to the officer involved.
(b) When an officer's misconduct is brought to the notice of his superior officer, it shall be the duty of that superior officer to report it to the Permanent Secretary/Head of Extra-Ministerial Department without delay. If he considers it necessary that the officer should be interdicted, such recommendations shall be made in the report.
(c) on receiving the report, the Permanent Secretary/Head of Extra- Ministerial Department shall take action in accordance with Rule 04306 as appropriate and, if necessary, shall interdict the officer.
(d) At the appropriate point in the investigation, the officer may be suspended in accordance with Rule 04405.
Disciplinary procedure for misconduct and serious misconduct
04305 - If it is represented to the Abia State Civil Service Commission that an officer has been guilty of misconduct and the Commission does not consider the alleged misconduct serious enough to warrant proceedings under Rule 04306 with a view to dismissal, it may cause an investigation to be made into the matter in such manner as it considers proper and the officer shall be entitled to know the whole case made against him, and shall have adequate opportunity of making his defence. If as a result the Commission decides that the allegation is proved, it may inflict any other punishment upon the officer such as reduction in rank, withholding or deferment of increment or otherwise.
04306 - Unless the method of dismissal is otherwise provided for in these Rules, an officer in the Abia State Civil Service may be dismissed by the Abia State Civil Service Commission only in accordance with this Rule:
- the officer shall be notified in writing of the grounds on which it is proposed to discipline him. The query should be precise and to the point. It must relate the circumstances of the offence, the rule and regulation which the officer has broken and the likely penalty. In serious cases which are likely to result in dismissal, the officer should be given access to any such document(s) or report(s) used against him and he should be asked to state in his defense, that he has been given access to such documents. The officer shall be called upon to state in writing, within the period specified in the query any grounds upon which he relies to exculpate himself.
- The query, or preliminary letter, shall be in the format shown.
PRELIMINARY LETTER
To: …………………………………………………………………………………..............................................................................
Appointment and Rank...................................................................................................................................
*I wish to draw your attention to the fact that/It has been brought to my notice that your*work/conduct is unsatisfactory in the following respects:
………………………………………………………………………………………………………………………………………………………………….
2. If you desire to submit any representations why disciplinary action which might include………………………
Should not be taken against you, they should be submitted to me through:
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………...............
Within……..... of receipt by you of this letter.
Failure to submit them within this time limit will be taken to mean that you do not wish to make any, and appropriate disciplinary action will be taken against you.
3. You will acknowledge receipt of this letter in the copy attached hereto.
Signed..............................................................................................
Appointment....................................................................................
Date.................................................................................................
for: Perm. Sec/Head of Extra-Ministerial Dept.
4. I acknowledge receipt of the original of this letter
No...................................................................................................................................................................
dated the …………………………………………………………………………………….... 20.......................................................
Signed...........................................................................
Appointment and Rank............................................................................................
*Delete whichever is not appropriate.
iii) If the officer submits his representations and the Abia State Civil Service Commission is not satisfied that he has exculpated himself, and considers that the officer should be dismissed, it shall take such action accordingly. Should the officer however fail to furnish any representations within the time fixed, the Commission may take such action against the officer as it deems appropriate; iv) If upon considering the representations of the officer the Commission is of the opinion that the officer does not deserve to be dismissed from the service but deserves some other punishment, it shall impose on the officer such punishment as it considers appropriate;
v) Where necessary, the Commission may set up a board of inquiry which shall consist of not less than three persons one of whom shall be appointed chairman by the Commission. The members of the board shall be selected with due regard to the status of the officer involved in the disciplinary case and to the nature of the complaint which is the subject of inquiry. The head of the Officer's department shall not be a member of the board;
vi) The officer shall be informed that, on a specific day, the question of his dismissal shall be brought before the Board and he shall be required to appear before it to defend himself and shall be entitled to call witnesses. His failure to appear shall not invalidate the proceedings of the board;
vii) Where witnesses are called by the board to give evidence before it, the officer shall be entitled to put questions to the witnesses and no documentary evidence shall be used against the officer unless he has previously been supplied with a copy thereof or given access thereto;
viii) If during the course of the inquiry further grounds for dismissal are disclosed, and the Abia State Civil Service Commission thinks it fit to proceed against the officer upon such grounds, the officer shall,
by the direction of the Commission, be furnished with a written statement thereof and the same steps shall be taken as prescribed above in respect of the original grounds;
ix) The board having inquired into the matter shall make a report to the Commission. If the Commission considers that the report should be amplified in any respect or that further inquiry is desirable, it may refer any matter back to the board for further inquiry or report. The Commission shall not itself hear witnesses;
x) If upon considering the report of the board together with the evidence and all material documents relating to the case, the Commission is of the opinion that the officer should be dismissed, such action shall immediately be taken;
xi) If the Commission does not approve the officer's dismissal and does not consider that any penalty should be imposed, the officer shall be reinstated forthwith and be entitled to the full amount of salary denied him if he was interdicted or suspended;
xii) If upon considering the report of the board the Commission is of the opinion that the officer does not deserve to be dismissed but that the proceedings disclosed grounds for requiring him to retire, the up Commission shall, without further proceedings, direct accordingly.
Engaging in business after office hours
04307 - An officer who is paid on other than hourly basis is prohibited from engaging in any occupation for reward unless he has previously obtained the permission of the Permanent Secretary, hours. Bureau of Establishments which will only be given if such engagement is not likely to interfere with the efficient performance of his duties.
Working for institutions or Government Agencies during Office hours
04308 - No officer may render professional assistance to institutions or accept or Government Agencies during working hours. Remuneration for it, except with the written permission of the Permanent Secretary/Head of Extra-Ministerial Department which will not usually be granted unless it is to the public interest that it should not be withheld. The amount of the remuneration must be paid into the Treasury on deposit until the orders of Government as to the share, if any, which may be received by the officer is personally known.
Subscriptions
04309 - The collection of compulsory subscription from subordinate officers to defray cost of testimonials and presentation to superior officers is prohibited.
Fines
04310 - No fine shall be imposed on any officer as a punishment for an offence committed in the course of his duties.
Powers of surcharge
04311 – a) If at any time the public revenue sustains a loss by reason of the neglect or fault of any officer, he will be liable to be surcharged with the amount and any sums due to him from Government may be withheld in satisfaction of such surcharge.
b) Officers defined as workers in Section 2 of Labour Act (Cap 198) may be surcharged if the circumstances warrant such action, but all papers relevant to the case must be submitted in accordance with the aqua Act, to the warrant of the Bureau of Establishment for approval of the pell surcharge.
Money lending.
04312 - An officer shall not lend money at interest, whether on mortgage or otherwise, or guarantee or stand as surety for money lent per on interest, to any other person. Nothing in this rule shall be deemed to prevent members of registered co-operative societies or approved drug benefit societies from standing as sureties for loans made by the societies, or shall it be deemed to prevent any officer from placing money in a deposit account in any bank or standing surety for money lots lent by Government to another officer.
Hawking merchandise on duty
04313 - Officers are prohibited from hawking merchandise or engaging in any other form of trading on office premises during working hours.
Mode of dress
04314 - No officer shall appear in the office or anywhere in his official capacity dressed in a manner considered inappropriate or immodest.
04315 - In order to prevent the irregular use by non-officials of letters of recommendations or certificates of character, officers are prohibited from giving in their official capacities letters or certificates whether on official stationery or otherwise.
SECTION 4 - SERIOUS MISCONDUCT
04401 - Serious misconduct is defined as a specific act of very serious wrong-doing and improper behavior which can be investigated and proved. It includes:
i) willful act or omission or general misconduct to the scandal of the public
ii) conviction on a criminal charge (other than a minor traffic or sanitary offence or the like);
iii) absence from duty without leave;
iv) disobedience of lawful order, such as refusal to proceed on transfer or to accept posting, e.t.c;
v) negligence;
vi) suppression of records;
vii) false claims against Government;
viii) serious financial embarrassment;
ix) engaging in political activities;
x) unauthorized disclosure of official information, etc;
xi) corruption;
xii) embezzlement;
xiii) fighting while on duty;
xiv) membership of secret societies;
xv) violation of section 14(3) of the 1999 Constitution of the Federal Republic of Nigeria;
xvi) contravention of any provision of the Public Service Rules and Financial Regulations;
xvii) dishonesty;
xviii) drunkenness;
xix) insubordination;
xx) falsification of records;
xxi) failure to keep records;
xxii) foul language;
04402 - Disciplinary procedure for serious misconduct shall be in accordance with Rules 04302 to 04306.
04403 – (i) When a serious case that may lead to dismissal has been instituted against an officer, the Permanent Secretary/Head of Extra- Ministerial Department may interdict him on not more than half pay pending the determination of the case.
ii) Recommendations to the Commission for interdiction shall be made only if it is against the public interest that the officer should continue to perform any of the duties of his rank. When the charge against him is such that the continued performance of his present duties is against the public interest or prejudicial to the investigation of the charge against him, consideration shall be given to putting him on alternative duties. Interdiction shall only be resorted to when this is not possible.
iii) When an officer is interdicted, he shall cease to report for duty and shall receive such proportion of his emoluments, being not less than one half, as the Commission may determine. The letter informing an officer of his interdiction shall also indicate the proportion of emoluments he is to receive while on interdiction.
iv) If proceedings under Rule 04403 (i) reveal that he is not guilty of the charge made against him, the officer shall immediately be reinstated and shall receive the full amount of his emoluments denied him while he was interdicted.
- If he is found guilty but is not dismissed, he may be refunded such portion of the emoluments denied him as the Commission may determine.
Responsibility of interdicted officer
04404 - (a) An officer who is under interdiction or suspension shall notify his Permanent Secretary/Head of Extra-Ministerial Department of his intention to leave his station. He shall however not leave the country without the specific approval of the Abia State Civil Service Commission.
(b) He is also responsible for keeping his Ministry/Extra- Ministerial Department informed of the address at which instructions to him can be delivered.
(c) If he fails to comply with the instructions delivered to him at such address within seven days of such delivery, he will be regarded as absent from duty without leave.
Suspension
04405 - Suspension should not be used as a synonym for interdiction. It shall apply where a prima facie case, the nature of which is serious, has been established against an officer and it is considered necessary in the public interest that he should forthwith be prohibited from carrying on his duties. Pending investigation into the misconduct, the Abia State Civil Service Commission Secretary/Head of Extra-Ministerial Department (if within his delegated powers) shall forthwith suspend him from the exercise of the powers and functions of his office and from the enjoyment of his salary.
Dismissal and its effects.
04406 - (a) The ultimate penalty for serious misconduct is dismissal. An officer who is dismissed forfeits all claims to retiring benefits, leave or transport grant, etc.
(b) Subject to the provisions of the Labour Act (Cap. 198) and of individual letters of consideration for appointment (Form Gen. 69 and Gen. 69A), Permanent Secretaries/Heads of Extra-Ministerial Departments are authorized to dismiss temporary officers at their discretion, provided that prior to the dismissal of any such officer, he has been informed of the grounds on which it is proposed to dismiss him and has been given opportunity to submit representations why he should not be dismissed.
04407 - When an officer is dismissed, no notice or salary in lieu shall be given to him and his dismissal shall take effect from the date on which he is, notified thereof. This date shall be notified by the Permanent Secretary/Head of Extra-Ministerial Department concerned to the Abia State Civil Service Commission and to the bureau of Establishments, as soon as possible. Where the officer concerned
seeks to evade this official notification, the effective date shall be:
(a) that on which he is served with the notification, even though he may refuse to acknowledge receipt; or
(b) the date on which the notification is delivered by messenger to his recorded address, even though the officer concerned does not himself acknowledge receipt of such delivery; or
(c) the date on which the notification is sent by post to his last known or normal address in accordance with the definition of service by post" in section 26 of the Interpretation Act (cap. 192).
Officer to report criminal charge and its outcome
04408 – An officer must, under pain of disciplinary action, promptly report to his Permanent Secretary/Head of Extra-Ministerial Department whenever he is convicted of criminal offence, and must report the outcome of the charge.
04409 - If an officer If an officer is convicted on a criminal charge, the Civil Service Commission shall consider the proceedings of the criminal court and if it is of the opinion that the officer should be dismissed or subjected to some lesser penalty on account of the offence for which he has been convicted, the officer may thereupon be dismissed or otherwise punished without any of the procedures prescribed in Rule 04306 being followed.
Effects of criminal proceedings
04410 - (a) Nothing shall prevent disciplinary action being taken or continued against an officer whether or not -
- criminal proceedings have been instituted with respect to such a person in any court of law in Nigeria or elsewhere or are about to be instituted or are contemplated; or
(ii) the grounds upon which any criminal charge are based or are to be based are substantially the same as those upon which the disciplinary proceedings were or are to be instituted.
(b) An officer acquitted of a criminal offence shall not be penalized for any charge of which he has been acquitted, but nothing in this rule shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, provided that such charges do not raise substantially the same issues as those of which he has been acquitted. If the Commission thinks fit, the usual procedure may be followed for the purpose
04411 - An officer convicted of criminal offence (other than a minor traffic or sanitary offence and the like) shall be suspended with effect from the date of conviction, pending consideration of his case by the Commission.
04412 - Any officer who absents himself from duty or from Nigeria without leave renders himself liable to be dismissed from the service and the onus shall rest on him, to show that the circumstances do not justify the imposition of the full penalty.
Serious financial embarrassment.
04413 - (1) For the purpose of these rules, the expression "serious financial embarrassment" means the state of an officer's indebtedness which, having regard to the amount of debts incurred by him, has actually caused serious financial hardship to him, and, without prejudice to the general meaning of the said expression, an officer shall be deemed to be in serious financial embarrassment:
(a) if the aggregate of his unsecured debts and liabilities at any given time exceed the sum of three times his monthly emoluments.
(b) where he is a judgment debtor, for as long as the judgment debt remains unsettled; or
(c) where he is adjudged bankrupt or insolvent wage earner, for as long as he remains an undischarged bankrupt or as the case may be for as long as any judgment against him in favor of the official Assignee remain unsatisfied.
(2) Serious financial embarrassment from whatever cause shall be regarded as necessarily impairing the efficiency of an officer and rendering him, liable to disciplinary action.
(3) If such embarrassment is caused by imprudence or other reprehensible cause, the officer concerned shall be liable to immediate dismissal and the onus shall rest on him to show that the circumstances do not justify the imposition of the full penalty.
(4) It shall be the duty of the Registrars of the High Courts of Abia State, the Revenue Court, the Magistrate's Courts as well as Commissioners of Stamp Duties and Registrars of Bills of Sales to report to the appropriate Permanent Secretary/Head of Extra-s Ministerial Department that an officer has become a judgment debtor or has acknowledged any debt in writing, as the case may be, wherever it shall come to the knowledge of any of them.
(5) When the fact that an officer has become a judgement debtor or a party to accommodation bills or promissory notes is brought to the 40 notice of his Permanent Secretary/Head of Extra-Ministerial office Department, the latter shall call upon him to submit a statutory r declaration in the prescribed form (Gen. 74) disclosing all his liabilities.
(6) Otherwise, a Permanent Secretary/Head of Extra-Ministerial Department may take such action as appears to him necessary when an officer becomes financially embarrassed and, if he considers it undesirable that the officer should be retained in the Civil Service, he shall initiate the appropriate disciplinary proceedings.
(7) As long as an officer is in serious financial embarrassment, he shall be disqualified from promotion or acting in a higher appointment.
Oath of Secrecy
04414 - It shall be the duty of every Permanent Secretary/Head of Extra-Ministerial Department to ensure that all officers, employees and temporary staff in his Ministry/Extra-Ministerial Department who have access to classified or restricted papers have signed the Oath of secrecy, in the appropriate form before they are granted such access and that in respect of officers holding junior posts, the Oath of Secrecy is incorporated in the revised Form (No. Gen 75) mentioned in Rule 02207 (b) (ii).
Unauthorized disclosure official information
04415 – Every officer is subject to the Official Secrets Act, (Cap. 335) reproduced as Appendix at the end of this chapter) and is prohibited from disclosing to any person, except in accordance with official routine or with the special permission of Government, any article, note, document or information entrusted to him in confidence by any person holding office under any Government in the Federal Republic of Nigeria, or which he has obtained in the course of his official duties. Similarly, every officer shall exercise due care and diligence to prevent the knowledge of any such article, note, document or information being communicated to any person against the interest of the Government.
Abstraction copying of official documents
04416 - Every officer is prohibited from abstracting or copying official minutes, records or other documents except in an accordance copying of with official routine or with special permission of his Permanent Secretary/Head of Extra-Ministerial Department.
Secret personal records
04417 - Officers shall not as a general rule have access to official and secret records relating personally to themselves.
Removal of public records
04418 - No officer may, on leaving the public service, take with him any public record without the written permission of the Permanent Secretary, Bureau of Establishments.
Removal of Historical Documents
04419 - Historical manuscripts or other documents of public interest which may be discovered by any officer in the course of his official Historical duties may not be appropriated to his own use, but their existence must be reported to Government in order that steps may be taken for their examination and preservation.
Publication and public utterances
04420 - (i) Except in pursuance of his official duties no officer shall, without the express permission of his Permanent Secretary/Head of Extra-Ministerial Department, whether on duty or on leave of absence:
(a) act as the editor or, take part directly or indirectly in the management of, or in any way make financial contribution to, any newspaper, magazine or journal except the following:
(i) departmental or staff magazine;
(ii) professional journal;
(iii) publication of voluntary organizations;
- contribute to, whether anonymously or otherwise, or publish in any newspaper, magazine or periodical, or otherwise publish, cause to be published in any manner anything which may reasonably be regarded as of a political or administrative nature;
(c) speak in public or broadcast on any matter which may reasonably be regarded as of a political or administrative nature.
(d) allow himself to be interviewed or express any opinion for publication on any question of a political or administrative nature or on matter affecting the administration, public policy, defense military resources of the Federation or any other country.
(ii) (a) In considering whether or not permission for the proposal publication is to be granted, the Permanent Secretary/Head of Extra Ministerial Department shall have regard to the interest of the Government and the public, and may, if he considers it necessary, (b) seek the opinion of other appropriate Permanent Secretaries/Heads of Extra-Ministerial Departments.
(b) On the submission to the Permanent Secretary/Head of Extra-Ministerial Department of a brief outline of the scope of the proposed to publication and the method of the treatment to be applied thereto, the Permanent Secretary/Head of Extra-Ministerial Department, may not give a provisional permission for the proposed publication, provided SAU that no final permission thereof shall granted complete manuscript thereof shall have been Permanent Secretary/Head of Extra-Ministerial Department, and he is satisfied that the proposed publication is not against the interest of the Government or the public.
(iii) Nothing in this Rule shall be deemed to prevent an officer from publishing in his own name, by writing, speech or broadcast, matters relating to a subject of general interest which does not contain a criticism of any officer, Commissioner, official and ministerial statements or actions, or which can be regarded as of a political or administrative nature; provided that in so publishing any matter compiled with Government sanction from official records, he gives prominence to a disclaimer of Government responsibility for its accuracy.
Political Activities
04421 - No officer shall, without express permission of the Government, whether on duty or leave of absence:
(a) hold any office, paid or unpaid, permanent or temporary, in any political organization
(b) offer himself or nominate anyone else as a candidate for any elective public office including membership of a Local Government Council, State or National Assembly;
(c) indicate publicly his support of or opposition to any party, candidate or policy;
(d) engage in canvassing in support of political candidates. Nothing in this rule shall be deemed to prevent an officer from voting at an election
04422 - Resignation is necessary before seeking elective public office. Howbeit, any officer wishing to engage in partisan political before activities or seek elective public office shall resign his appointment forthwith.
04423 — (a) Public officers are not prohibited from holding shares in both public and private companies operating in Nigeria or abroad except that they must not be directors in private companies, and may only be directors in public companies if nominated by Government.
(b) A public Officer, whenever required to do so by his Permanent Secretary/Head of Extra-Ministerial Department, shall disclose within three working days, in confidence, full information about any investments held by him or his immediate family whether held in their own names or in the names of other persons' or otherwise when an officer is called upon to divest himself of investments which are likely to lead to public scandal or are likely to be construed as an indication that the officer has abused his public position for his private advantage, and he fails to comply within six months, the matter shall be reported to the Civil Service Commission for necessary action.
Prohibition of private practice
04424 – In accordance with the provisions of the Regulated and other Professions Private prohibition Act, (Cap. 390) part II, no officer shall engage in private practice.
Mineral discoveries
04425 - It is the duty of every officer to report to Government any discovery of what he considers to be valuable minerals. Officers are prohibited, under pain of dismissal, from giving any information on such valuable discoveries to any syndicate, company or individual and deriving any benefit therefrom. Upon the report of such discovery, it shall be within the discretion of the Government to make the report public or to withhold it.
Seeking influence of prominent persons
04426 - No officer shall seek the influence of prominent persons or any other person for ensuring the due consideration of his claims in matters connected with discipline or with a view to obtaining consideration for appointment, transfer, promotion or postings.
Posting and residence
04427 - Every officer shall discharge any duties assigned to him by Government and accept liability of being stationed wherever his presence is considered to be most useful.
Paid appointment during leave
04428 - An officer on leave of absence shall not accept any paid employment without previously obtaining the express approval of the Bureau of Establishments.
Private agency
04429 - No officer shall undertake any private agency in any matter connected with the exercise of his public duties.
Statement on appointment
04430 – Concealment of any of the facts which an applicant for Government employment is required to make in compliance with Rule 02207 or any false statement in that regard or in any application for employment shall be regarded as sufficient ground for non - employment or for subsequent termination of appointment without notice if the falsehood is detected after engagement
Borrowing money
04431 - No officer may borrow money either as principal or as surety from or in any manner place himself under a financial obligation to a person whether in the public service of the Federation or a state or otherwise, being a person:
(a) who is directly or indirectly subject to his official authority;
(b) who resides, possesses land or carries on business within the local limits of his official authority;
(c) with whom the officer has or is likely to have official dealings; or
(d) who is a registered money-lender
For the purpose of this rule, the word "person" shall include a body or persons corporate or incorporate.
(2) An officer may, however, borrow from banks, insurance companies, co-operative societies or incur debts through acquiring goods by means of a hire-purchase agreement provided that:
(a) the bank, insurance companies, co-operative societies from which the officer borrows or the person with whom he signs a hire-purchase agreement are not directly or indirectly subject to his official authority and do not have such official dealings with the officer as may lead to public scandal or be construed as an abuse of his public position for his private advantage; and
(b) the aggregate of his debts does not or is not likely to cause him serious financial embarrassment as defined under Rule 04413
(3) Subject to paragraph (2) above, an officer may incur the following debts, provided that the aggregate of his debts is not likely to cause him serious financial embarrassment -
(a) sums borrowed on the security of land charged or mortgaged, where the said sums do not exceed the value of the said land;
(b) overdrafts allowed by banks;
(c) sums borrowed from insurance companies on security of policies;
(d) sums borrowed from the Government or co-operative societies; or
(e) sums due on goods acquired by means of hire-purchase agreement.
Presents in recognition of service
04432 — (a) No officer or his family shall accept gifts or presentations, whether in the form of money or otherwise, from any person in recognition or anticipation of service rendered or to be rendered by virtue of his official position. These rules shall not be regarded as applying to small personal gifts such as may be exchanged between colleagues and friends. If an officer is in doubts as to the propriety of receiving and retaining a gift, he may consult his Permanent Secretary/Head of Extra-Ministerial Department.
Gifts from Traditional Rulers
(b) Presents from traditional rulers, chiefs, and other persons which Gifts from cannot be refused without giving offence shall be handed over to the Government. When presents are received on behalf of the Government in ceremonial intercourse, they shall be handed over to the Government and any return presents shall be given at Government expense.
Prohibition bribery and corruption.
04433 – In order to improve Public Service management, and enhance accountability and transparency, no officer shall receive any bribe or engage in corrupt practices.
SECTION 5 - CONDUCT PREJUDICIAL TO THE SECURITY
OF THE STATE
04501 - Where a Committee comprising members from the State Conduct Ministry of Justice, Office of Head of Service, Special Services prejudicial Bureau is satisfied that an officer has committed a misconduct security involving the security of the State or prejudicial to it, the officer shall be subject to the normal disciplinary procedure provided that the punishment for such misconduct shall be aggravated.
SECTION 6 - RETIREMENT IN PUBLIC INTEREST
04601 - Notwithstanding the provisions of this chapter, if the Abia State Civil Service Commission considers that it is desirable in the Public interest that an officer should be required to retire from the Service on grounds which cannot suitably be dealt with by the procedures laid down in Rule 04306, it shall call for a full report from the Permanent Secretary/Head of Extra-Ministerial Department in which the officer has served; and if, considering that report and giving the officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated, the Commission is satisfied, having regard to the conditions of the service, the usefulness of the officer thereto and all other circumstances of the case, that it is desirable in the public interest so to do, it shall retire the officer and the officer's service shall accordingly terminate on such date as the Commission may specify. In every such case, the question of pension and gratuity will be dealt with under the Pensions Act, Cap. 346, Laws of the Federation of Nigeria, 1990.
• APPENDIX 4
OFFICIAL SECRETS ACT, CAP. 335
See Rule 04415
ARRANGEMENT OF SECTION
SECTION 1 - PROTECTION OF OFFICIAL INFORMATION, ETC
SECTION 2 - PROTECTION OF DEFENCE ESTABLISHMENT ETC
SECTION 3 - RESTRICTIONS ON PHOTOGRAPHY, ETC, DURING PERIODS OF EMERGENCY.
SECTION 4 - CONTROL OF MAIL FORWARDING AGENCIES, ETC.
SECTION 5 - POWER TO REQUIRE INFORMATION AS TO OFFENCES UNDER THIS ACT.
SECTION 6 - SEARCH WARRANTS.
SECTION 7 - PENALTIES AND LEGAL PROCEEDINGS.
SECTION 8 - SUPPLEMENTARY PROVISIONS AS TO OFFENCES.
SECTION 9 - INTERPRETATION, ETC.
SECTION 10- SHORT TITLE, EXTENT AND REPEAL.
1962. No. 29
An Act to make further provision for securing public safety; and for purposes connected therewith. (13th September, 1962)
Commencement
Be it Enacted by this Legislature of the Federation in this present Parliament assembled and by the authority of the same as follows;
- - (1) Subject to subsection (3) of this section, a person who-
Protection of official information etc.
(a) transmits any classified matter to a person to whom he is not authorized on behalf of the government to transmit it; or
(b) obtains, reproduces or retains any classified matter which he is not authorized on behalf of the government to obtain, reproduce or retain, as the case may be, shall be guilty of an offence.
(2) A public officer who fails to comply with any instructions given to him on behalf of the government as to the safeguarding of any classified matter which by virtue of his office is obtained by him or under his control shall be guilty of an offence.
(3) On proceedings for an offence under subsection (1) of this section relating to any classified matter, it shall be a defense to prove that:
(a) when the accused transmitted, obtained, reproduced or retained the matter, as the case may be, he did not know and could not reasonably have been expected to believe that it was classified matter; and
(b) when he knew or could reasonably have been expected to believe that the matter was classified matter, he forthwith placed his knowledge of the case at the disposal of the Nigeria Police Force.
Protection defense establishment etc.
2.- (1) A person who, for any purpose prejudicial to the security of Nigeria -
(a) enters or is in the vicinity of or inspects a protected place; or
(b) photographs, sketches or in any other manner whatsoever makes a record of the description of, or of anything situated in, a protected place: or
(c) obstructs, misleads or otherwise interferes with a person engaged in guarding/a protected place; or
(d) obtains, reproduces or retains any photograph, sketch, plan, model or document relating to, or to anything situated in, a protected place shall be guilty of an offence.
(2) A person charged with an offence under foregoing subsection shall, unless the contrary is proved, be deemed to have acted for a purpose prejudicial to the security of Nigeria if from his character or general conduct and from all the circumstances of the case it appears that he acted for such a purpose; but nothing in this subsection shall be construed as precluding the giving in evidence of matters tending to show that the accused acted for such a purpose.
Restriction on photography etc. during period of emergency Cap. 62
(3) (1) The President may, during any period of emergency within the meaning of section 65 of the Constitution of the Federal Republic of Nigeria, by order provide that during the continuance of that period no person shall, without permission in writing given by the President, photograph, sketch, or in any other manner whatsoever make a record of the description of, such things designed or adapted for use for defense purposes as may be specified by the order.
(2) A person who contravenes the provisions of an order under this section shall be guilty of an offence.
Control of mail forwarding agencies
4. — (1) The Minister may make regulations
(a) for controlling the manner in which any person conducts any organization for receiving letters, telegrams, packages or other matter for delivery or forwarding to any other person; and
(b) without prejudice to the generality of the foregoing paragraph, providing for the furnishing of information and the keeping of records by persons having or ceasing to have the conduct of such an organization.
(2) Regulations under this section may contain such incidental and supplementary provisions as the Minister considers expedient for the purpose of the regulations, including in particular provisions imposing penalties (not exceeding imprisonment for a term of three months or a fine of one hundred naira or both) for any failure to comply with the regulations; and the regulations may make different provision for different circumstances.
(3) Regulations under this section shall not come into force until they are approved by resolution of each House of the National Assembly.
5 – (1) Where an officer of the Nigeria Police Force not below the rank of assistant commissioner suspects that an offence under Section 1, 2 or 3 of this Act has been committed and that a particular person is likely to be able to furnish information with respect to the suspected offence, he may, after obtaining the consent in writing of the Minister for the issue of a warrant under this subsection in
Respect of that person, issue a warrant to any superior, police officer of that force authorizing him -
(a) to require that person to furnish to the superior officer all information in that person's possession relating suspected offence; and ·
(b) in any case where it spears necessary to the superior officer so to do, to afford that person adequate facilities for attending at a time and place specified by the officer and to require that person to attend for the purpose of furnishing the information aforesaid.
(2) Where it appears to an officer proposing to issue a warrant under the foregoing subsection that the delay likely to be involved in obtaining the consent mentioned in that subsection would seriously prejudice the security of Nigeria, he may issue that warrant without obtaining that consent but shall on so doing forthwith report his action to the Minister.
(3) If any person -
(a) fails to comply with a requisition under subsection (1) of this section; or
(b) in pursuance of such a requisition furnishes any information which he believes to be, or recklessly furnishes any information which is, false in a material particular, he shall be guilty of an offence.
Search warrants
6. - (1) Where an officer of the Nigeria Police Force not below the rank of assistant commissioner has reasonable cause to believe that an offence under section 1, 2 or 3 of the Act has been committed and that matter relating to the offence is likely to be found on particular premises, he may issue a warrant to any superior police officer of that force authorizing him, and such other police officers as may accompany him, to enter and search those premises and to seize and remove any matter found on the premises which the superior police officer considers is evidence of an offence under any of those sections.
(2) A police officer may use such force as may be reasonably necessary for the purpose of executing a warrant issued under this section.
7. – (1) A person who commits an offence under Section 1, 2 or 3 of this Act shall be liable –
Penalty and legal proceeding
(a) on conviction on indictment, the imprisonment for a term not exceeding fourteen years;
(b) on summary conviction, the imprisonment for a term not exceeding two year or a fine of an amount not exceeding two hundred naira to both such imprisonment and fine
(2) A person who commits an offence under Section 5 of the Act shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine of an amount not exceeding one hundred naira or to both such imprisonment and fine.
(3) No proceedings in respect of an offence under section 1, 2 or 3 of this Act shall be begun except with the consent of the Attorney-General of the Federation or a State or by or on the instructions or authority of the Director of Public Prosecutions of the Federations or a State and the instrument by which permission is signified for the beginning of any such proceedings shall be summary or on indictment.
Nothing in the last foregoing subsection shall be construed as preventing the detention of any person with a view to the taking of proceedings against him.
Supplementary provisions as to offences
8 - (1) Without prejudice to any other provisions relating to, the matters mentioned in the following paragraphs or cognate matters, a person who -
(a) attempts to commit an offence under this Act or regulations made thereunder; or
(b) aids, abets, counsels, incites, procures or commands the commission of such an offence; or
(c) becomes an accessory before or after the fact to such an offence; or
(d) conceals or procures the concealment of such an offence which he knows has been committed, shall be liable to be proceeded against and punished as a principal offender; and references in this Act to such an offence, or to an offence under any provision of this Act, shall include references to an offence in pursuance of this subsection.
(2) Where it is alleged that an offence under this Act or count regulations made thereunder has been committed outside Nigeria by a citizen of Nigeria, proceedings in respect of the offence may be brought in any court in Nigeria which would have had jurisdiction in the matter if the offence had been committed in the part of Nigeria for which court acts.
(3) Without prejudice to any other power of arrest, a police officer may arrest without warrant any person who he finds committing an offence under section 1, 2 or 3 of the Act, or whom he reasonably suspects of having committed such an offence.
9 - (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say –
"Classified matter" means any information or thing which, under any system of security classification from time to time in use by or by any branch of the government, is not to be disclosed to the public and of which the disclosure to the public would be prejudicial to the security of Nigeria;
“government” means the Government of the Federation;
"Minister" means the Minister of the government responsible for security and public safety;
"Protected place" means
(a) any naval, military or air-force establishment in Nigeria, any other place in Nigeria used for or in connection with the production, storage or testing, by or on behalf of the government, of equipment designed or adapted for use for defense purposes, and any other building, structure or work in Nigeria used by the government for defense purposes; and
(b) any area in Nigeria or else-where for the time being designated by an order made by the Minister as being an area from which the public should be excluded in the interest of the security of Nigeria, and includes a part of a protected place within the meaning of paragraph (a) and (b) of this definition;
"Public officer" means a person who exercises or formerly exercised, for the purposes of the government, the functions of any office or employment under the state.
(2) For the purposes of this Act, classified matter remains classified matter notwithstanding that it is properly transmitted to, or obtained from, or otherwise dealt with by, a person acting on behalf of the Government of a state.
Short title, extent and repeal
(1) This Act may be cited as the official secrets Act.
(2) This Act shall apply throughout the Federation, and shall apply to citizens of Nigeria elsewhere than in the Federation.
Cap. 144 of the 1920 Edition
(3) The Official secrets Act is hereby repealed, so however that section 5 of the Official Secrets Act, 1920 (which provides for the control of mail forwarding agencies) shall not cease to have effect in its application to Nigeria until the first regulations made in pursuance of section 4 of this Act come into force.
(4) Sub-section (3) of this section shall not be construed as repealing the Official Secrets Act (hereinafter referred to as "the former legislation") in so far as, apart from that sub-section the former legislation has effects as part of the law of a State and is not inconsistent with or made redundant by the Act; and the former legislation shall have effect accordingly.
(5) Nothing in this section shall affect any power of the Legislature of a State to make laws with respect to public safety which are not inconsistent with the provisions of the Act and, in particular, to make laws repealing the former legislation in so far as it has effect as part of the law of the state.