Bauchi lawyers protest CCT chair’s removal by N’Assembly
CHIGOZIE AMADI
A group of lawyers, under the aegis of Lawyers for the Cause of Bauchi, on Tuesday, expressed displeasure over last week’s resolution of the Senate to remove the Chairman of the Code of Conduct Tribunal, Danladi Umar, from office over corruption allegations.
Speaking at a press briefing in Bauchi on Tuesday, the group’s Public and Media Relations Officer, Nasiru Bala, accused the Senate of breaching the law in Danladi’s removal from office.
He contended that Section 157 (1) of the 1999 Constitution, which the Senate relied on to remove Danladi was not applicable.
“This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, and the National Judicial Council.
Bala, on behalf of the group, pledged that they would be seeking redress in court against the Senate.
“Putting it simply, it is clear that in passing the resolution for the removal of the CCT Chairman, the Senate acted in breach of the Constitution by purporting to base its decision on section 157 (1) which is inapplicable in the circumstances,” he said.
The Senate, however, on Tuesday, corrected the procedural error pointed out by the Bauchi lawyers.
Last week, the Senate had invoked Section 157(1) of the 1999 Constitution in a motion sponsored by Senate Leader Michael Opeyemi Bamidele, as the basis for Umar’s removal.
However, it was later discovered that the cited section relates to the Code of Conduct Bureau and other executive agencies, not the CCT, which falls under the judiciary.
To address the oversight, Senator Bamidele moved a new motion on Tuesday, activating Paragraph 17(3), Part 1, of the Fifth Schedule to the Constitution, which governs the removal of the CCT Chairman.
The Senate also invoked Section 22(3) of the Code of Conduct Bureau and Tribunal Act CAP C15, LFN 2004, aligning its resolution with the proper constitutional provisions.
Bamidele said, “The Senate notes a mistake in its earlier resolution adopted at its plenary sitting on Wednesday, 20th November 2024, regarding the removal of the Chairman of the Code of Conduct Tribunal, Mr. Yakubu Danladi Umar, for misconduct. It has become necessary to adopt this motion to correct the mistake and prevent future confusion.
“Upon its resolution, the Senate had mistakenly invoked Section 157 of the Constitution of the Federal Republic of Nigeria, 1999, instead of Paragraph 17, Subsection 3 of Part 1 of the Fifth Schedule of the Constitution as amended. This correction is to ensure the proper constitutional and statutory basis for the resolution.”
The Senate leader added that, “Senate affirms that it stands by its resolution to remove the Chairman of the Code of Conduct Tribunal on the grounds of misconduct, as debated and resolved under Resolution S-RES-2-36-24, dated Wednesday, 20th November 2024. This resolution now invokes the appropriate constitutional provisions under Paragraph 17, Subsection 3 of Part 1 of the Fifth Schedule and Section 22, Subsection 3 of the Code of Conduct Bureau and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, 2004.”
In his remarks, the Senate President, Godswill Akpabio, thanked senators for their diligence in resolving the matter and emphasised the importance of adhering to constitutional processes.
Meanwhile, the House of Representatives, on Tuesday, concurred with the Senate on the removal of the CCT Chairman.
The House invoked Section 17 (3), Part 1, Fifth Schedule of the 1999 Constitution.
The resolution followed the adoption of a motion moved by the Majority Leader, Prof Julius Ihonvbere.
The Reps action comes days after the Senate also ordered the removal of Umar from office over corruption allegations.
On Tuesday, Ihonvbere, a professor of Political Science, drew the attention of Reps to the show of shame by Umar who engaged in a public fight with a security guard at the Banex Plaza Shopping Complex, Abuja in 2021, necessitating an invitation from the Senate Committee on Ethics, Code of Conduct, and Public Petitions.
Moving the motion on the floor of the Green Chamber, Ihonvbere noted that a statutory institution of the magnitude of CCT was expected to be an epitome of moral rectitude and virtues of integrity, probity, and accountability.
He declared that Umar had fallen short of the requisite standard of a public officer to conduct the affairs of such a tribunal.
“The House is aware of the conduct of the Chairman, Code of Conduct Tribunal, who recently engaged in a public brawl with a security guard at the Banex Plaza Shopping Complex, which necessitated an invitation from the Senate Committee on Ethics, Code of Conduct, and Public Petitions.
“He admitted to having been involved in the brawl but he refused to attend subsequent sittings, thereby frustrating the efforts of the committee to investigate the allegations against him.
“The House recalls that by virtue of the provisions of Section 17 (3), PT 1, Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 22(3) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004, Mr President and Commander-in-Chief of the Armed Forces is mandated to act on an address supported by a two-thirds majority of the Senate and House of Representatives and praying that the chairman be so removed for misconduct.
“We affirm that the invocation of the aforementioned constitutional provision in this circumstance seems to be the only way out to safeguard the sacred image of the Code of Conduct Tribunal, in line with the resolution of the 10th National Assembly to uphold the rule of law and sustain the ideals of corporate governance structure in Nigeria.”
An attempt by the member representing Darazo/Ganjuwa Federal Constituency, Bauchi State, Mansur Soro, to intervene to buy Umar some days via a constitutional point of order was rejected by the Speaker, Tajudeen Abbas.
“The House is merely concurring with the Senate which took a position on this matter last week. The position already taken by the Senate should be respected,” the Speaker said.
