I have refrained from discussing the controversy surrounding allegations against Nigeria's Minister of Interior, Dr. Olubunmi Tunji-Ojo, as the legal stance on these claims is not as straightforward as those against the suspended Minister of Humanitarian Affairs. The allegations involve a company previously associated with Tunji-Ojo, benefiting from contracts under the Humanitarian Affairs Minister. Examining the legal aspects, I've found that owning shares in a company doesn't equate to active management, as established in court cases and company law principles.Section 87(3) & (4) of the Companies and Allied Matters Act entrusts a company's day-to-day management to its board of directors. Resigning as a director implies no ongoing involvement in the company's administration. The law allows public officers to hold shares in companies but prohibits active participation in management. The 1999 Constitution's Code of Conduct for public officers addresses private business engagement, emphasizing a bar on management participation.
The Explanatory Manual on The Code of Conduct for Public Officers indicates that public officers holding shares should declare them, recusing themselves from relevant decisions. Tunji-Ojo resigned as a director in 2019, adhering to these legal provisions. However, ethical questions arise regarding companies owned by public officers bidding for public contracts. Examining the efficacy of laws preventing conflicts of interest and ensuring transparent procurement processes is crucial. Strengthening laws or making bid documents public before awarding contracts could enhance transparency in the public procurement process. Legal obligations must assure the public that the process serves their best interests.