Official Gazette: COREN Engineering Practitioners’ Code of Conduct

The following is published as supplement to this Gazette : S.I. No. Short Title Page 00 COREN—Engineering Practitioners’ Code of Conduct .. .. B00-00
Printed and Published by The Federal Government Printer, Lagos, Nigeria.
COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA; COREN ENGINEERING PRACTITIONERS’ CODE OF CONDUCT
Revised Edition 2022.
Approved at the 173rd Ordinary Council Meeting of 24th March, 2022 Council for the Regulation of Engineering in Nigeria Established by Decree 55 of 1970, Amended by Decree 27 of 1992 and Engineers (Registration, etc.) (Amendment) Act, 2018

COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA ENGINEERING PRACTITIONERS’ CODE OF CONDUCT

1.0. PREAMBLE
The Engineering profession has a set of laws, rules and regulations governing all activities of its practitioners to ensure discipline and uniformity. These laws, rules and regulations are further translated to Code of Conduct and Ethics for all Engineering Practitioners. All Engineering Practitioners are expected to adhere and comply fully with the Code of Conduct  and Ethics of the profession and defaulters shall be sanctioned appropriately.

Essentially, the Ethics of the Engineering profession is based on the broad principles of trustworthiness, truthfulness, respect for human life and welfare, competence and  accountability.

All Engineering Practitioners should always be aware of their paramount responsibilities in the discharge of their duties, bearing in mind that the Engineering profession has a direct impact on the quality of life of the people or community around them. Engineering Practitioners shall demonstrate respect and care for humanity’s cultural, historical and archaeological heritage, while ensuring that no direct harm is done to the health and wellbeing of present and future generations. They shall also exhibit full regard for the sustainable management of natural and environmental resources. Engineering Practitioners  shall be guided by the content of this Code of Conduct and ensure strict adherence to the Ethics of the profession.

An Engineering Practitioner may be engaged in the design and/or construction of an item or an infrastructure, teaching and research, production, sales, supervision and or management of an infrastructure. He/she may be retained as a consultant for professional  advice, inspection, certification and/or adjudication or be engaged in a combination of any  of these.

In discharging these responsibilities, an Engineering Practitioner shall uphold and enhance the honour, integrity and dignity of the engineering profession and shall at all times act in
strictly judicial manner as a trustee of his client. He/she shall act with full regard to this Code of Conduct.

The Council for the Regulation of Engineering in Nigeria (COREN) has a vision to promote ethical conduct and ensure the highest standards of professionalism in Engineering Practice in Nigeria.

The rules contained in this Engineering Practitioners’ Code of Conduct are not intended to be nor should they be interpreted as a full or exhaustive list of the situations and circumstances, which may comprise compliance and non-compliance with the Code
of Conduct.

COREN recognises that while our ethical values and principles are enduring, standards of acceptable conduct and behaviour are not permanently fixed. Community standards and the requirements and aspirations of engineering practice and members’ behaviour more generally will develop and change overtime.

This Engineering Practitioners’ Code of Conduct provides a framework to guide the conduct and behaviour of members of the Engineering profession in Nigeria and breach of which is regarded and treated as infamous or improper conduct or professional misconduct.

This Code of Conduct has been carefully compiled to ensure that Engineering practice in Nigeria is in line with world best practices, with particular reference to World Federation of Engineering Organisations (WFEO) Model Code of Ethics, so that all professional activities as well as the Engineering Practitioners’ disposition towards colleagues, client, the public, service to humanity, etc., are done with utmost care, professionalism, integrity, dignity and diligence.

2.0. SCOPE, PRINCIPLES AND MORALITY

2.1. SCOPE OF APPLICATION
(a) This Code shall apply to Engineering Practitioners (Practitioners) as defined under Section 1 of the Engineer (Registration, etc.) Act CAP E11 LFN 2004 (as amended by the Engineers (Registration etc.) Amendment Act 2018 as well as engineering firms under
Section 4A2 of the Act.

2.2. GUIDING PRINCIPLES
(a) An Engineering Practitioner shall be guided by the core principles of the profession to act with dignity, honesty, integrity and to exemplify competence in all of their endeavours.
(b) An Engineering Practitioner shall avoid all acts or practices likely to discredit the dignity or honour of the profession.

2.3. MORAL EXPECTATIONS

Engineering Practitioners have a duty to uphold the highest standards of moral conduct. They shall :

• (i) Be reliable and trustworthy.
• (ii) Be conscious of the ways in which their work and behaviour might affect others and respect the privacy, rights and reputations of other parties and individuals.
• (iii) Protect and respect confidentiality.
• iv) Declare conflicts of interest and avoid behaviour that will lead to a conflict of
• (v) Not engage in any act of dishonesty, corruption, bribery or any other unethical conduct and behaviour.
• (vi) Avoid deception and take steps to prevent or report corrupt practices or           professional  misconduct to COREN and other appropriate authorities.
• (vii) Not misrepresent or knowingly permit misrepresentation of their own or any other person’s academic or professional qualifications or competency, nor           exaggerate their degree of responsibility for any work.
•  (viii) Ensure that any work designed, approved or certified by them has been         reviewed or inspected to the extent necessary to confirm the correctness for       approval or certification.
•  (ix) Order their conduct and behaviour so as to uphold the dignity, standing and    reputation of the profession.
•  (x) Conduct themselves honourably, responsibly, ethically and lawfully so as to    enhance the integrity, honour, reputation, dignity, usefulness and respect of the profession.
• (b) Engineering Practitioners shall not directly or indirectly receive any gratuity, commission or other financial benefit for any article or process used in or for the purpose of the work for which they are employed or engaged, unless such gratuity, commission or other financial benefit has been disclosed in writing to the client or employer.

3.0. RULES OF ENGINEERING PROFESSIONAL CONDUCT

3.1. OBLIGATIONS TO THE ENGINEERING PROFESSION
3.1.1. Engineering Practitioners’ Competence —

• An Engineering Practitioner shall only undertake works, tasks or assignments only when he/she is qualified by education as indicated on his/her COREN Registration Certificate and Practising Licence. He/she shall only offer services or undertake engineering assignments in his/her areas of expertise as enabled by his/her COREN annual Practising Licence.
• (b) An Engineering Practitioner employed or otherwise engaged to undertake an assignment that requires expertise outside his/her field of competence shall inform all stakeholders (clients, employers, contractors etc.) involved, of his/her lack of expertise and shall recommend further consultation with an independent practitioner who has requisite expertise in the field.
• (c) An Engineering Practitioner shall not append his/her signature or affix his/her seal to any plan or document dealing with any subject matter in which he/she lack competence, nor to any plan or document not prepared under his/her direction and control.
• (d) An Engineering Practitioner may however accept assignments and assume responsibility for the coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified Engineering Practitioners who prepared the segment(s).
• (e) In undertaking any project where several engineering practitioners of different discipline and expertise are employed to undertake assigned roles/tasks on a project, an Engineering Practitioner shall stay within his/her assigned roles on the project.

3.1.2. MANDATORY CONTINUING PROFESSIONAL DEVELOPMENT FOR ENGINEERING PRACTITIONERS

• Every Engineering Practitioner to whom this Code of Conduct applies shall have the responsibility of ensuring that his/her knowledge, competence and level of his/her expertise in his/her respective area(s) of practice remain up to date. An Engineering Practitioner shall endeavour to stay abreast of new developments and advancements in methods, practices and procedures within his/her specific fields of practice.
• (b) An Engineering Practitioner shall seek to advance the body of knowledge in his/her specific areas of practice. He/she shall also provide such opportunities for the professional development of his/her subordinates and/or employees.
• (c) Where Engineering Practitioners form an Engineering Firm as partners or directors in a business, such a firm shall be responsible for the re-training and continuous professional development of its employees who are Engineering Practitioners and ensure that such employees have the requisite knowledge, competence and skill to undertake their roles in the firm. Where damage or loss is caused due to the incompetence or negligence of a member of the firm, that member as well as every partner or director of the Engineering Firm breaches this Code and shall be liable to disciplinary action.

3.1.3. PROFESSIONAL ACCOUNTABILITY

• An Engineering Practitioner shall at all times apply due care and diligence in his/her area(s) of practice.
• An Engineering Practitioner shall acknowledge his/her errors and take responsibility for his/her actions and professional decisions.
• An Engineering Practitioner shall not knowingly take part in any competition involving the submission of proposals and designs for engineering work, unless an assessor who shall be an Engineering Practitioner duly qualified to undertake such assessment work, has been appointed, to whom all such proposals and designs are to be submitted for adjudication. For work specifically delineated to a particular cadre of the engineering personnel such as design and consulting work being the exclusive preserve of registered engineers, a person who is on a different cadre cannot be appointed as an assessor and a registered engineer shall not partake in such competition where a practitioner of a different cadre is the assessor.
• (d) An Engineering Practitioner shall satisfy himself/herself to the best of his/her ability that enterprises, with which he/she becomes identified, are of a legitimate character. If after becoming associated with an enterprise in good faith, such Engineering Practitioner finds it to be of a questionable character, he/she shall immediately sever his/her connection with the said enterprise.
• (e) An Engineering Practitioner who severs his/her association with any enterprise pursuant to paragraph (d) above shall issue a notice to the stakeholders and the general public stating the reasons for his/her actions and notifying the public of his/her intentions to not be associated with such an enterprise any longer.
• (f ) An Engineering Practitioner shall be answerable to questions from the Council, the Project Manager and Project Funder arising from the conduct of or the activities of an engineering team or a group of engineering practitioners which he/she directly superintends.
• (g) An Engineering Practitioner shall be under an obligation to advise all concerned stakeholders or seek professional advice as soon as may be possible, where the safety of the public which an Engineering Practitioner has sworn to uphold, is being threatened or been compromised as a result of an engineering decision made by him/her or by any other Engineering Practitioner, for the purposes of remedying such situations.
• (h) It shall be the duty of every Engineering Practitioner to bring to the attention of COREN any violation of this Code of Conduct and endeavour to encourage other Engineering Practitioners to adhere to its provisions.
• (i) An Engineering Practitioner shall ensure that every provision, which he/she considers necessary to protect the interest of the Owner, the Consultant, the Contractor or the general public is incorporated into any contract under which he/she is to perform certain duties.
• (j) In private or public bidding for contracts, an Engineering Practitioner shall demonstrate professional integrity by avoiding acts that can bring the profession into disrepute such as paying, offering or receiving either directly or indirectly any form of inducement to secure jobs.
• (k) An Engineering Practitioner shall ensure that fairness and honour governs the use of every contract bid over which he/she is to adjudicate.
• (l) An Engineering Practitioner shall not work on or participate in any project without the approval of the appropriate authority on the designs, drawings, layouts, technical details and other specifications, as required for the project. Where there is a change in any  design, drawing, layout or technical detail, such amendments must be checked and  approved in writing by the appropriate authority before an Engineering Practitioner  continues to work on the project. Where such approval is not sought and obtained, an Engineering Practitioner shall desist from working on the project by sending a written notification of withdrawal and informing the Council and any other appropriate authority in writing of the issues and steps taken by the Engineering Practitioner on the project.
• (m) On no account shall an Engineering Practitioner conduct any work based on oral directive given by a Project Manager, Client or any other person responsible for the project, which would be in contradiction to the approved plans, designs, drawings or technical details.
• (n) On no account shall an Engineering Practitioner continue with any engineering work while such work is the subject of a stop work order or temporary closure order by the appropriate governmental or statutory authority.
• (o) An Engineering Practitioner shall not allow himself/herself to be listed for employment using exaggerated/laudatory statements of his/her qualifications.
• (p) An Engineering Practitioner shall endeavour to extend public knowledge and  appreciation of the engineering profession, propagate the achievements of the profession and protect it from misrepresentation and misunderstanding.
• (q) An Engineering Practitioner shall express an opinion of an engineering project only when founded on adequate knowledge, experience and honest conviction.
• (r) An Engineering Practitioner shall not advertise his/her professional services in a manner derogatory to the dignity of the profession. An Engineering Practitioner may, however, utilise the following means of identification :
  • (i) Professional cards and listing in recognised and dignified publications and classified section of the telephone directories ;
  • (ii) Signboards at the site of his/her office or projects for which he/she renders services ; and
  • (iii) Brochures, business cards, letterheads and other factual representations of experience, facilities, personnel and capacity to render services.

(s) An Engineering Practitioner shall have a duty to inform the Council if he/she becomes subject to one or more of the following:
(i) Removal from an office of trust on account of improper conduct and  behaviour.

(II) Conviction of an offence relating to fraud and dishonesty.

3.2. OBLIGATIONS TO OTHER ENGINEERING PRACTITIONERS

• An Engineering Practitioner shall not injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another Engineering Practitioner. Where any Engineering Practitioner becomes aware of, or is of the belief that there has been an unethical practice or an action considered as unbecoming of a representative of the engineering profession, such an Engineering Practitioner shall immediately report such a case to the Council in writing, stating the reasons for his/her belief or suspicions, for the Council’s action.
• (b) An Engineering Practitioner shall uphold the principles of appropriate compensation for those engaged in engineering work. For that purpose, the Engineering Practitioner shall not:
  (i) Undertake or agree to perform any engineering service free of charge except     for civic, charitable, religious, or non-profit organisations or institutions;

(ii) Undertake professional engineering work at a remuneration below the accepted standards of the profession in the discipline involved ; and

(iii) Accept remuneration from either an employee or employment agency for employment referral.

• (c) An Engineering Practitioner in private practice shall not review the work or project of any other Engineering Practitioner for the same client, except with the knowledge of the first Engineering Practitioner, or unless the connection of the first Engineering Practitioner with that work or project has been terminated.
• (d) Notwithstanding the provision of Paragraph (c) above, an Engineering Practitioner may review and evaluate the work of other Engineering Practitioners, or make comparisons of represented products with products of other suppliers, where :
  (i) The Engineering Practitioner is in governmental, industrial or educational             employment, and the nature of their work requires them to make those reviews or

(ii) The Engineering Practitioner is employed in sales or industrial sectors, and the             nature of his/her work requires a comparative analysis of engineering products.

• (e) An Engineering Practitioner shall not attempt to obtain employment, advancement or professional engagements, including reviewing or taking over the work of another Practitioner by untruthfully criticising other Practitioners, or by other improper or questionable methods.
• (f ) An Engineering Practitioner shall not accept engagement where he/she knows or ought reasonably to know that the just claim for compensation or damages, or both, of another Engineering Practitioner previously employed on the same project and whose engagement has been terminated, remains unsatisfied, unless such a Practitioner previously employed has neglected to press his/her claim legally after a reasonable length of time.
• (g) An Engineering Practitioner who is employed as a civil/public servant shall not take undue advantage of his/her salaried position to compete with other Practitioners either for public contracts or jobs of like manner.
• (h) An Engineering Practitioner shall at all times recognise the proprietary interests of others. Any work, idea, design, invention or writing shall be duly credited to the real authors.
• (i) An Engineering Practitioner who agrees to use the designs provided by a client as in Paragraph (h) above, must recognise and accept that such design remains the property of the client/copyright holders and shall not be duplicated for purposes other than those for which it was made available for without first obtaining a formal permission from the client and copyright holders to that effect.
• (j) An Engineering Practitioner shall, wherever possible, state the names of the person or persons, whether registered Engineering Practitioners or not, who may be individually responsible for any designs, inventions, writings, or other accomplishments which he/she has made use of in any of his/her works or submitted as part of a proposal.
• (k) An Engineering Practitioner who is engaged to review the works of another Practitioner shall ensure the avoidance of actions or statements, which can be construed as being unfairly critical or an act of victimisation of another or deeds intended to favour his/her own position at the expense of another Engineering Practitioner. As a result, an Engineering Practitioner:
  (i). Shall always be objective and truthful in his/her professional reports,  statements, or testimony. He/she shall include all relevant and pertinent information in such reports, statements, or testimony, which should bear the date indicating when it was current ;
  (ii) Shall only express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter ; and

(iii) Shall issue no statements, criticisms, or arguments on technical matters that                            are inspired or paid for by interested parties, unless he/she has prefaced his/her                              comments by explicitly identifying the interested parties on whose behalf he/she                           is speaking, and by revealing the existence of any interest such Practitioner may                                have in the matter.

• (l) An Engineering Practitioner shall not inflate or reduce the cost or the estimates from prospective bidders on a tentative project.

3.3. OBLIGATIONS TO THE PUBLIC

• An Engineering Practitioner must have due regard for and give priority to the environmental impact, health, safety, interest and total welfare of the public at all times in the discharge of his/her professional duties.
• (b) Where an Engineering Practitioner gives professional advice to a client or employer, and such advice is not accepted, he/she shall inform such a client or employer, in writing, of any consequences which may be detrimental to the health, safety or interest of the public nd at the same time, such Practitioner shall inform the Council of his/her actions, in writing.
• (c) An Engineering Practitioner shall avoid all actions or speeches capable of deceiving or misleading the public, which in itself may directly or indirectly influence their decisions. As a result, an Engineering Practitioner shall avoid the use of statements containing a material misrepresentation of facts or omitting a material fact.
• (d) An Engineering Practitioner shall at all time, ensure that all engineering works under his/her adjudication conform to all acceptable laws and regulations on public health and safety. In discharging his/her duties, he/she shall strive towards applying international best practices and standards for engineering practice. Where a Project Manager, Client or any other person responsible for a project instructs an Engineering Practitioner to carry out a task, which would breach this Code, such an Engineering Practitioner shall advise against that cause of action. Where the advice is not taken, the Engineering Practitioner shall send a written notification of withdrawal from the project to the Project Manager, Client and also inform the Council and any appropriate authority in writing of the issues raised and steps taken by the Engineering Practitioner to mitigate the risks on the project.
• (e) An Engineering Practitioner shall carry out the necessary engineering survey and risk/impact assessments necessary to rule out every foreseeable risk or preventable danger to the public, and where necessary, report or communicate these risks in writing to the Project Manager, Client or appropriate authority.

3.4. OBLIGATIONS TO EMPLOYEES AND SUBORDINATES

• An Engineering Practitioner shall ensure that no person in his/her employment or under his/her direct control or supervision other than a registered Engineering Practitioner holds any post, discharge or purport to discharge any function that is the exclusive preserve of an Engineering Practitioner. In view of the above, within the cadres of the engineering personnel as provided in section 4A2 of the Engineers (Registration Etc) (as amended), an Engineering Practitioner of one cadre shall not discharge any function that is the exclusive preserve of a Practitioner in another cadre.
• (b) An Engineering Practitioner employing the services of any person working or training to become a qualified Engineering Practitioner shall ensure that such a person is given every opportunity to satisfy the conditions to enable him/her earn a satisfactory Certificate of Experience and shall not withhold the issuance of such a certificate when required to do so without reasonable justification.

3.5. OBLIGATIONS TO CLIENTS OR EMPLOYERS
3.5.1. CONFLICT OF INTEREST

• (a) An Engineering Practitioner shall not be a director or salaried employee of any company, firm or person carrying on any commercial, contracting or manufacturing business which is, or may be involved in the class of work to which his/her appointment relates, nor have any substantial financial interest in, nor be an agent for any such company, firm or person, without disclosing the fact to his/her client in writing.
• (b) An Engineering Practitioner shall not at any point in time be a director in or run a private company while at the same time being employed in the public service.
• (c) An Engineering Practitioner shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their product.
• (d) An Engineering Practitioner shall not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with clients or employers of the Practitioner in connection with work for which the Practitioner is responsible.
• (e) An Engineering Practitioner shall discharge his/her duties to his/her client or employers with utmost truthfulness. Where need be, he/she shall present clearly, and in the most professional manner, the possible societal or environmental consequences of any engineering decision and judgement, and shall as well, provide a professional recommendation as may be required.
• (f ) An Engineering Practitioner shall not be the medium of payment made on his/her client’s behalf.
• (g) In the event of a conflict between Engineering Practitioners over the plans, layouts, designs technical details or related matters on a project, there must be a written decision on the path that will be taken on the project which is signed by the relevant parties on the project. Where any Engineering Practitioner involved in the conflict is of the opinion that the resolution would be a breach of this Code, such Practitioner shall send a written notification of withdrawal from the project to the Project Manager, Client and also inform the Council and any appropriate authority in writing of the issues raised and steps taken by the Engineering Practitioner on the project.

3.5.2. CONFIDENTIALITY

• An Engineering Practitioner shall at all times protect the confidential information of business affairs, facts, data, technical processes, etc. of his/her client and employer, and shall not disclose such confidential information without the client/employer’s prior written consent.
• (b) Notwithstanding anything contained in this Code to the contrary, an Engineering Practitioner may only disclose confidential information to the relevant public authority and the Council where the information possess a real risk of danger to himself/herself or the general public, after the Engineering Practitioner has informed the Project Manager and/or Client, in writing, of these risks and no actions are taken to mitigate the risks.
• (c) An Engineering Practitioner who is engaged on any project shall not place orders on his/her behalf, in respect of such project on which he/she is engaged but shall only do so explicitly on behalf of his/her client.

4.0. SANCTIONS AND ENFORCEMENT

• All Engineering Practitioners are bound to observe and follow the standards of conduct and behaviour outlined and set out under the provisions of this Engineering Practitioners’ Code of Conduct.
• (b) The breach or violation of any of the provision of this Code is regarded and treated as infamous or improper conduct or professional misconduct and such Engineering Practitioner may be investigated and tried in the manner as provided under the Engineers (Registration Etc) Act (as amended) or any law replacing same.
• (c) The Council enforces the provisions of this Code of Conduct to preserve the highest standards in the engineering profession.
• (d) At the hearing before the Disciplinary Tribunal, due process is afforded to the Engineering Practitioner, including reasonable notice of the charges and fair hearing before an unbiased body.
• (e) The Disciplinary Tribunal may after the hearing return a verdict of not liable and if the Engineering Practitioner is found liable, the Disciplinary Tribunal may impose and or recommend any of the following sanctions against the erring Engineering Practitioner :
  (i) Letter of admonition.
  (ii) Suspension of registration and/or practice.
  (iii) Expulsion/striking off of name from the appropriate Register.
  (iv) Any other sanction as may be appropriate.
• (f ) Any Engineering Practitioner who has been convicted by a competent tribunal or court of a criminal offence which, in the opinion of the Council renders him/her unfit to be a member of his/her professional society, association or institution, shall be deemed to have been guilty of improper conduct, and his/her name shall be struck off from the appropriate Register.

ISSUED at Abuja by the Council for the Regulation of Engineering in Nigeria (“the
Council”) pursuant to the provisions of the Engineers (Registration etc.) Act (as amended)
this 24th day of March, 2022.

ENGR. ALI ALIMASUYA RABIU, FNSE, F.ASCE, FAEng.
President/Chairman of Council.