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Senate’s attempt to remove CCT Chairman hits constitutional roadblock
The Senate’s bid to remove the CCT Chairman has been deemed a fundamental error, rooted in a flawed understanding of constitutional provisions. At the heart of the issue lies the Senate’s reliance on Section 157 of the Constitution, which actually pertains to the Code of Conduct Bureau (CCB), not the Code of Conduct Tribunal (CCT).
In a detail fact by PRNigeria, the misinterpretation has raised concerns about the Senate’s grasp of legal and functional distinctions between the two bodies. Furthermore, the Senate’s actions have been criticized for misrepresenting the roles of appointees and undermining constitutional integrity.
The Nigerian Senate, led by Senator Godwill Akpabio, recently passed a resolution to remove the Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar, claiming reliance on Section 157(1) of the 1999 Constitution (as amended). The motion, titled “Invocation of the Provision of Section 157(1) for the Removal of the Chairman of the Code of Conduct Tribunal,” was sponsored by Senate Leader Senator Bamidele Opeyemi (APC-Ekiti).
Senator Opeyemi alleged numerous corruption and misconduct accusations against Mr. Umar and noted that President Bola Tinubu had submitted the name of Mr. Abdullahi Usman Bello to the Senate for confirmation as the new CCT Chairman. On July 4, 2024, the Senate confirmed Bello’s appointment, supposedly necessitating Umar’s removal.
Chief Whip Mohammed Tahir Monguno disclosed that 72 Senators supported the resolution at plenary, with ten others backing it during committee meetings, surpassing the two-thirds majority required for such actions in the 109-member Senate.
*Constitutional Misinterpretation*
However, a closer examination of the Constitution reveals significant flaws in the Senate’s interpretation and actions. Section 157(1) of the Constitution applies only to specific executive bodies, including the Code of Conduct Bureau (CCB), Federal Civil Service Commission, and Independent National Electoral Commission. It explicitly does not apply to the Code of Conduct Tribunal (CCT), a judicial body.
Instead, the removal of the CCT Chairman is governed by Paragraph 17(3) of the Fifth Schedule to the Constitution, which states: “A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by a two-thirds majority of each House of the National Assembly…”
PRNigeria reports that this provision requires a two-thirds majority from both the Senate and the House of Representatives, clearly distinguishing the CCT’s governance from that of the CCB.
*Appointment Confusion*
The PRNigeria Factcheck also notes that the Senate further erred by suggesting Mr. Abdullahi Usman Bello could replace Mr. Danladi Umar as CCT Chairman. Bello was appointed as Chairman of the CCB, not the CCT, based on his qualifications as a forensic accountant. The Constitution specifies that the CCT Chairman must be qualified to hold office as a Judge of a superior court of record, a criterion Bello does not meet.
Corruption Allegations and Clearance
Similarly, contrary to claims of unresolved corruption allegations, the Economic and Financial Crimes Commission (EFCC) cleared Mr. Umar of bribery accusations in letters dated March 5, 2015, and April 20, 2016. The clearances were issued under the leadership of former EFCC chairmen Ibrahim Lamorde and Ibrahim Magu.
In 2018, the Attorney-General of the Federation further criticized the EFCC for attempting to revive charges against Mr. Umar without justification.
*Senate Investigation Misstep*
The 9th Senate’s investigation into Mr. Umar stemmed from an alleged assault at Banex Plaza, not corruption allegations. According to Senator Patrick Ayo Akinyelure, the then Chairman of the Senate Committee on Ethics, Privileges, and Public Petitions, the investigation involved a complaint filed by a security guard, Clement Sargwak.
*Legal Expert Reactions*
Prominent legal practitioners have criticized the Senate’s actions. Prof. Yemi Akinseye George, SAN, and Dr. Wahab Shittu, SAN, called the resolution unconstitutional, emphasizing that the Senate lacks authority to remove a judicial officer like the CCT Chairman. They urged the Attorney-General of the Federation to address the anomaly and advise the President accordingly.
Speaking to PRNigeria, legal expert Yunus AbdulSalam, SAN, described the Senate’s actions as deeply troubling: “The misinterpretation of Section 157(2) by lawmakers reflects poorly on our constitutional democracy. This lack of diligence and scrutiny in legislative activities is alarming. The purported removal of the CCT Chairman violates the Constitution’s spirit and intent, raising serious concerns about the damage such impudence inflicts on our democratic processes.”
*Findings and Conclusion*
The Senate’s reliance on Section 157 of the Constitution to justify the removal of the CCT Chairman is a fundamental error. Section 157 applies to the CCB, not the CCT. Furthermore, the Senate failed to recognize the legal and functional distinctions between the two bodies and misrepresented the roles of appointees.
PRNigeria concludes that the Senate’s actions, led by Senate Leader Bamidele Opeyemi, are based on a flawed understanding of constitutional provisions. These errors highlight a worrying lack of legal comprehension and due diligence within the legislative process.
The Senate’s actions undermine constitutional integrity and damage public confidence in governmental oversight. Legislative bodies must adhere strictly to the Constitution, ensuring that their decisions align with the principles of the rule of law and good governance.
Justice Umar has presided over several high-profile cases involving national assembly leadership, governors, top judicial officers, and other public officials. They included the then-opposition leader, Asiwaju Bola Ahmed Tinubu, former Senate President Bukola Saraki and Chief Justice of the Federation, Walter Onnoghen
A Link to the PRNigeria Fact-Check and links to Reference: Fact Check: How Senators Misinterpreted the Constitution in Their Attempt to Remove the CCT Chairman: https://prnigeria.com/2024/11/23/fact-check-senate-cct/
By PRNigeria
President Bola Tinubu has mandated the formation of a Presidential Task Force aimed at eliminating numerous checkpoints that impede free movement.
Ambassador Musa Nuhu, Nigeria’s Permanent Representative to ECOWAS, revealed this initiative during a visit to the Nigeria-Benin Republic border in Seme on Wednesday.
“We are commencing with the Seme-Badagry Corridor. A committee has been established under the auspices of the Secretary to the Government of the Federation, and we will soon begin addressing this matter.
“We have taken note of all the concerns raised, and I assure you that the Nigerian government will tackle the other issues mentioned subsequently.”
Numerous complaints have surfaced regarding the excessive checkpoints along the Badagry-Seme corridor, which adversely affect the seamless movement of individuals and goods between Nigeria and the Benin Republic.
Ambassador Nuhu emphasized, “This is the most trafficked border in West Africa regarding the flow of goods, people, and services. If free movement is to be effectively implemented in West Africa, it will be evident at this border.”
Motorists attending the meeting expressed their frustrations about the numerous checkpoints and the extortion practices by security personnel along the route.
In response, Omar Alieu Touray, President of the ECOWAS Commission, stated that any fees paid by motorists should be accompanied by official receipts.
He expressed concern that the proliferation of checkpoints and the extortion of citizens within member states undermine ECOWAS’s goal of fostering a more integrated region.
“While we must inspect passengers and road users, we should move beyond arbitrary charges that lack receipts. If payments are necessary, they should be properly documented.
“It is one thing to request that someone open their bags for inspection, but it is entirely different to demand payment that is not receipted.”
The suspects were apprehended for selling prohibited exotic birds and wild animals contrary to the provisions of the Endangered Species Act.
The National Environmental Standards and Regulations Enforcement Agency (NESREA), in collaboration with the National Park Service, has arrested three persons over alleged illegal trade in endangered wildlife species in Abuja.
This was disclosed in a statement on Wednesday by NESREA’s Assistant Director of Press, Nwamaka Ejiofor.
The suspects, identified as Musa Usman, Samila Abdullahi, and Saidu Jagaban, were arrested in different parts of the country’s capital.
According to her, the suspects were apprehended for selling prohibited exotic birds and wild animals, contrary to the provisions of the Endangered Species Act.
She stated that Usman and Abdullahi were found with 15 Senegalese parrots and one African grey parrot, while Jagaban was arrested for hawking three dead antelopes.
“The suspects were arrested in different parts of the city for the illegal sale of prohibited exotic birds and wild animals, contrary to the provisions of the Endangered Species Act,” the statement read in part.
“The trio is to remain in custody while investigation continues.”
NESREA Director-General, Innocent Barikor, reiterated that trafficking in endangered species remained a crime under Nigerian laws, and anyone caught culpable would be prosecuted accordingly.
Barikor emphasised on the need to protect endangered species, under the Convention on International Trade in Endangered Species (CITES), to which Nigeria is a signatory.
He added that all living things play different roles in ensuring biodiversity sustainability.
Former President Goodluck Jonathan on Wednesday warned against the creation of a one-party state, saying any nation that must practice it must do so carefully and with a well-planned process and projected outcome.
He stated this in Abuja while paying tribute to the late elder statesman, Edwin Clark, at a memorial lecture and day of tribute.
Jonathan warned that any attempt to bring about a one-party state through political machinations to soothe only personal aspirations will be detrimental to the country.
The former president also called on the family of the late former federal commissioner to, among other things, set up a yearly memorial lecture in his honour to continue to push his ideas and what he stood for, which is a united, equitable, and prosperous Nigeria.
On his part, the Labour Party presidential candidate in the 2023 general elections, Peter Obi, lamented that the labour of our heroes past was already in vain.
The former Anambra State governor highlighted the endemic poverty in rural areas, the state of insecurity, and the rising cost of living.
He maintained that the labour of people like Pa Edwin Clark had not paid off, as the sacrifices people like Pa Clark made were in vain today.
The chairman on the occasion and former Head of State, General Yakubu Gowon, said that the task of ensuring that Nigeria remains united and indivisible must be ensured by all, as the nation could only make progress if national interest was put before any personal interest.