MD/CE FORWARD MESSAGE 

The Anti - Corruption and Transparency Unit (ACTU) decided to produce this book arising from NELMCO's core values of integrity to serve as a framework upon which professions are built and also to provide a standard for staff to strive for as well as articulate a special sense of responsibility and high moral choices. 

Principles and values are in ethics and codes of conduct, either implicitly or explicitly and they are elements that call the public servant to a greater purpose. These elements amongst others include Discipline, Loyalty, Efficiency, Selflessness, Integrity, Accountability and Leadership. Together, these elements form ethical values which must be adopted fully by all staff in NELMCO.

I am thankful to all those who helped in the course of the NELMCO ETHICS AND COMPLIANCE CODE. I am particularly grateful for the wholehearted co-operation of the committee who worked tirelessly in the course of the production. We do not claim that these codes are perfect and we will thankfully consider any suggestions from the reading public for incorporation.

Mr. Adebayo Nathaniel Fagbemi

MANAGING DIRECTOR/ CHIEF EXECUTIVE

ACKNOWLEDGMENT 

We wish to thank the Managing Director/Chief Executive Officer Mr Adebayo Fagbemi for his visionary leadership which has created a conducive working environment for the Anti-Corruption and Transparency Unit team. Our deep appreciation also goes to the Independent Corrupt & other Related Offences Commission (ICPC) for their support in establishing the Anti- Corruption and Transparency Unit team within NELMCO. They are always ever so willing to guide as and when necessary. Last but not the least are the hardworking staff of the Anti- Corruption and Transparency Unit, Mrs. Sylvia Agboeze, Mr. Joseph Ekong, Mr. Isreal Orukpe, Mr. Binnie Chigbue and Mr. Raymond Habila who worked so hard in gathering materials, typing and editing this Innovative manual, that would guide the operation of staff in carrying out official duties devoid of bribery and corruption. I would also like to acknowledge that we would consider suggestions from staff that would continuously help us to improve and build in a positive manner on the contents of this initial NELMCO ETHICS AND COMPLIANCE CODE MANUAL.

Kingsley Igbinoba

Chairman ACTU

NELMCO ETHICS AND COMPLIANCE CODE 

The NELMCO Ethics and Compliance Code contains guidelines on how Staff of the Agency are expected to act and conduct themselves while dealing with creditors, service providers, customers and staff.

1. BRIBERY AND CORRUPTION

(a) NELMCO will not condone any incidence of bribery by members of staff. This applies to dealing with creditors and service providers.

(b) NELMCO ACTU is determined to ensure that the objectives of this Code are fulfilled. The Ethics and Compliance Code will therefore further instruct and monitor employees, creditors, service providers and partners to guarantee their compliance with the Code.

(c) Under this Code, a bribe includes but is not limited to financial or other advantages which are given, offered, accepted, requested or received with the intention that a specific activity should be performed or should not be performed.

(d) As employees of NELMCO there should be neither solicitation acceptance of bribe under any circumstances nor offer of bribe for/and on behalf of the Agency to any persons, company, entity, organization, etc.

(e) Whether an action constitutes a bribe, is determined by the standards set forth herein or elsewhere in any law, body of rule, etc.

(f) The term 'advantage' may include but is not limited to the following: gifts, loan, money, fee,

travel, service, bonus, meals, all kinds of vouchers, product samples for personal use, sponsoring, event tickets or any kind of personal favour.

(g) It does not matter whether the advantage is given directly or by a third party, the recipient is in breach of this Code regardless of the fact that he/she received the advantage directly or through a third party or if another person is the genuine beneficiary.

(h) If a gift is given to a member of staff during the course of his/her duty, such gift should be declared

to Management.

2. DUTY TO DISCLOSE INTEREST

(a) Staff must always inform the Agency if they have anything other than a strictly business relationship with anyone they do business with through their work at the Agency.

(b) Staff must always inform the Agency if they or their immediate family (wife/ husband/partner/children living at home) have any financial interests that they are aware may compete with the Agency's interests or with the interests of those with whom they do business through their work at the Agency.

(c) Staff and their immediate family should not give, guarantee or accept loans from any person or

organization with which they have business contacts through their work at the agency.

(d) While employed by the Agency, staff must not take up employment or task outside the Agency that could conflict with the Agency's interests.

(e) Staff must disclose any secret profit in the exercise of NELMCO activities.

3. COMPANY ASSETS AND PROPERTY

Staff are not permitted to use or sell assets or property belonging to the Agency except with express permission. Staff may purchase property offered for sale during public auctions which follow due process for such auctions.

4. THE AGENCY'S DOCUMENTS AND ACCOUNTS

Falsifying documents or submitting inaccurate accounts is a crime and thus, not permitted under this Code. With holding/failure to submit to the appropriate authority, vital documents belonging to the Agency, is not permitted under this code.

5. DRUGS AND ALCOHOL

Staff must not smoke, use or be under the influence of illegal drugs (narcotics), alcohol or anything similar during working hours.

6. CONFIDENTIAL INFORMATION

(a) Staff of the Agency must never disclose confidential information to any person outside or within the Agency, except to persons to whom disclosure is necessary for the purpose of work. Staff must only use confidential information that is naturally associated with their duties at work.                      

(b) Confidential information includes, but is not limited to the Agency's financial and commercial relationships, procurement bids, buying, offers, IT solutions, analysis and / or the business carried on within the Agency and which is not in the public domain.

7. CONFIDENTIALITY OF WHISTLE-BLOWERS

Staff must protect and preserve the identity of any person (s) whether an outsider or Staff of the Agency who plays the role of a whistle blower for the benefit of the Agency

This must not be a frivolous allegation.

8. COMPLIANCE

1. It is the responsibility of staff to make sure that they understand the content of the Agency's Code of Conduct and that they observe these guidelines in their work.

2. As employees of NELMCO, staff should always strive to assist the Agency's efforts to prevent bribery and corruption by ensuring that all operations of the Agency continue to be characterized by honesty, transparency, integrity and fair play. Any violation or suspicion of violation of this Code of Conduct should be reported to the Anti-Corruption and Transparency Unit.

3. The Agency is committed to continuously review and update its policies and procedures, therefore, this Code of Conduct is subject to modification. The latest versions of this Code would be made available at the NELMCO’s website:www.nelmcong.org.

The employee is responsible for keeping him/herself informed of the contents of every update made to the NELMCO Ethics and compliance code.

9. CONSTITUTION OF FEDERAL REPUBLIC OF NIGERIA, 1999 5TH SCHEDULE PART I (CODE OF CONDUCT FOR PUBLIC OFFICERS).

General Conflict of interest with Duty.

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

2. Without prejudice to the generality of the foregoing paragraph, a public officer shall not: (i) 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 

3. Public officers or persons as the National Assembly may by law prescribe, shall not maintain or operate a bank account in any country outside Nigeria. 

Retired Public Officers

4.  (1) A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remuneration position as chairman, director or employee of-

            a company owned or controlled by the government:

            Or

            any public authority

           (2) A retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position.

5. Certain Retired Public Officers

Retired public officers who have held positions to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises.

(i) This applies to the offices of President, Vice President- Chief Justice of Nigeria, Governor and

Deputy Governor of a State.

6. Gifts or Benefits in Kind

(1) A public officer shall not ask or accept 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 sub-paragraph (I) of this paragraph, 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 the said subparagraph 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 organized by custom: provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, accordingly, the mere acceptance or receipt of any gift shall not be treated as a contravention of this provision.

7. Restriction on Loans, Gifts or Benefits to Certain Public Officers

NELMCO Staff shall not accept:

(a) A loan, except from government or its Agencies, a bank building society, mortgage institution or other financial institution recognized by the law.

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

8. Bribery of Public Officers

No persons 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.

9. Abuse of Power

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

10. Membership of Society

A public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible. 

11. Allegation of Breach of Code

Any allegation that a public officer has committed a breach or has not complied with the provisions of this Code, shall be a subject of investigation by the ACTU team.

12. Agent and Nominees

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

13. Consequences Of Non-compliance

Since most sections of the Agency's Code of Conduct follow the law of the Federal Republic of Nigeria, any act contrary to the provisions of this ethics and compliance code would be considered a criminal act. A criminal act under the law as stated in the Code of Conduct may result in appropriate criminal prosecution, suspension, warning, and liability to pay damages or dismissal.

14. Questions

If any staff has questions concerning the meaning or application of NELMCO Ethics and Compliance Code, the staff should please contact any member of the Anti-Corruption and Transparency unit.

To be a world-class manager of liabilities and stranded assets in a transitional electricity Market.

To ensure sanctity of contracts and settlement of pension and third party liabilities.

Honesty

At NELMCO, we believe that, to be truly successful in business and in life, we must always be honest and open with our customers, and our employees

Integrity

We demonstrate integrity in all our business conduct, including dealings with our clients, other government bodies, financial record keeping and treatment of company property.

Accountability

We accept responsibility for our actions. We make and support business decisions through experience and good judgment.

Transparency

We practice total transparency & openness in business functioning, customer & governmental transactions & policies.