I had intended this writeup to follow immediately on the heels of our
last publication on the same topic. This was why the hypothetical
question was posed at the end of the last writeup. I thank those of you
who responded and wrote in reply to the question.Please do keep it up.
Now to the article.......
As stated, Gov. Daniels might have the right legally to grant Rights of
Occupancy and Certificates of Occupancy under the Land Use Decree, to
persons or corporate concerns who had undergone the due dilligence
process; as stated by his Solicitor in the advertorial. Our concern
however is the ethical question arising from this matter.
To answer the question, we must view the Governor as a custodian of all
the properties, assets, liabilities and everything of value in the
State. These properties are entrusted to him for use, for the maximum
benefit of all and sundry in the State. And for this, he enjoys our
support, loyalty, respect, good remuneration, priviledges and perks of
office which the ordinary citizen does not enjoy. The people trust him
to protect their interests and state property from misuse,
misappropriation, loss and every other conceivable mishap that could be
contrived by unscrupulous elements with negative designs on the
combined interests of the citizens of Ogun State.
It behoves the Governor therefore to continue to enjoy this trust
reposed on him by ensuring that he runs the office in such a manner as
not to betray that trust or seen to be doing so.The allocation of land
entrusted to his office to persons or corporate concerns where he
and/or his family members has an interest amounts to conversion of such
to his own use. No amount of "due process" can erase this fact.
However, the Society believes that the Governor should not be wholly
blamed for this infraction of the code of trust. Rather the question is
whether he is even aware that he had done anything wrong.
Very many unwholesome acts have happened and are still happening in
governance and leadership in Nigeria. Many of our leaders in positions
of power and authority believe their power to be absolute, and not for
service. There is no defined policy on ethics and the Nigerian
Constitution's admonition in this regard can best be described as
Value-based ethics. Without strict compliance ethics in black and
white, this trend is bound to continue in future. This is why the
Governor has taken out such an advertorial to refute a clear breach of
trust, believing he has done nothing wrong and threatening legal action
against the pettioner. Has anyone seen the Writ of Summons till date?
The unfortunate thing is the EFCC might not be able to prosecute an
ethical breach, as they may, a criminal one.
The Society believes there is need to take ethics issues more seriouly
in order to strengthen our fledging democracy. Our findings have
revealed that in the advanced democracies like the USA, there are clear
cut laws that guide office holders on proper behaviour and the
diischarge of their duties from the Presidency to the Local Government
officer and employee.
For example, the Local Government Ethics Law (Title 40A:9-22.1et seq)
of the State of New Jersey in the United States of America has the
following excerpts:
S.40A:9-22.5 (Provisions requiring compliance by local government
officers, employees) states as follows:
(a) No local government officer or employee or member of his
immediate family shall have an interest in anbusiness organisation or
engage in any business, transaction, or professional activity, which is
in substantial conflict with the proper discharge of his duties in the
public interest.
(c) No local government officer or employee shall use or attempt to
use his official position to secure unwarranted priviledges or
advantages for himself or others;
(d) No local government officer or employee shall act in his
official capacity in any matter where he, a member of his immediate
family, or a business organisation in which he has an interest, has a
direct or oindirect financial or personal involvement that might
reasonably be expected to impair his objectivity or independence of
judgement; ........
The foregoing are just excerpts from a comprehensive law guiding
officers and employees of a local government complete with penalties
and sanction in case of default. These laws are put in place to guide
the ignorant on what they can do and cannot do in order to continue to
enjoy the trust of the public. Added to this are series of trainings,
made compulsory for all officers on ethics and ethical practice as it
affects their office. Do we even talk of ethics in Nigeria? Do we have
a clear cut policy on it? Can we honestly say the Governor knew what he
was doing when he signed the Certificate of Occupancy for his company?
Do we then wonder why the American democracy tends to work, and ours
seems not to?
I however wish to conclude that Gov. Gbenga Daniels ought not to have
signed the Certificates of Occupancy to the companies in which he and
the wife has an interest, It is unethical and morally unjustifiable.
Rather, he should have waited until he left office for his predecessor
to do him the honours. That way, if he is truly entitled to it, he has
nothing to worry about. But did anyone ever told him that before he
assumed office?
Whiskey, I.U. - Coordinator.
PS.: We welcome your reactions to our publications. Kindly forward this
to your friends and associates and let us endeavour to build a new
Nigeria. You may also send us mails on ethicsi...@yahoo.com