Body of Lawyers kick against Removal of CCT Chairman by senate

By Samuel Luka, Bauchi

The purpoted removal of the Chairman, Code Of Conduct Tribunal (CCT), Hon. Justice Danladi Umar has generated stiff resistance from Bauchi, Lawyers for the Cause of Bauchi (LAWBA).

Addressing a press conference at the NUJ Secretariat Bauchi on Monday, the Public and Media Relations of the group, Nasiru H. Bala Esq. described the Senate decision as disappointing and Illegal.

“The attention of the leadership of this set-up i.e. Lawyers for the Cause of Bauchi (LAWBA) as a body of lawyers concerned with attainment of justice within Bauchi and surrounding environs has been drawn to the decision by the Senate of the Federal Republic of Nigeria taken on Wednesday last week purportedly sacking from office the Chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Umar”, the body of Lawyers said.

Barr. Bala added : “As concerned stakeholders, however, the set-up observes with serious concern and disappointment that such a decision is illegal, ultra vires of the Senate and cannot stand the test of proper constitutional scrutiny”.

According to them, the 1999 Constitution of the Federal Republic of Nigeria has ample provisions that clearly address the issue of appointment and removal of Chairman and members of the Code of Conduct Tribunal.

Barr. Haruna further explained that the constitution also addresses the point whether section 157(1) relied by the Senate in carrying out the purported removal is applicable or not.

The group of Lawyers called for thorough examination of relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

They maintained that,
“Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President, acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct-S”.

The lawyers further contended that section 157 (1) of the constitution 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, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilization Allocation and Fiscal Commission and the Police Service Commission”.

They also argued that Section 157(2) stated that a person holding the position of Chairman or member of the Code of Conduct Tribunal shall not be removed from office or appointment by the President except upon an address supported by two-thirds majority of each House of Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.

The lawyers said, “from careful examination of the quoted provisions of the Constitution, it is our considered view as a Set-up that the purported removal of the CCT Chairman by the Senate cannot stand legally speaking”, the Lawyers noted.

“The first ground or reason for this view is that it is clear from the letter and spirit of Section 17 (3) of the 5th Schedule to the Constitution that the removal or appointment of either the Chairman or member of the Code of Conduct Tribunal is a function or responsibility vested in the President in discharging which the two-third majority of both the Senate and the House of Representatives is of necessity required”, Barr. Haruna Esq further said.

According to him, until there is a concurrence by both Houses of the National Assembly on the matter, the Chairman of the Tribunal remain in office as his purported removal was not done in the manner contemplated by the Constitution and therefore void ab initio.

Barr. Haruna informed that “another reason for faulting the decision of the Distinguished Senate on this matter is that it is clear from the wordings of Section 157 (1&2) that same does not apply to the Code of Conduct Tribunal”.

“Having said all these, LAWBA notes with concern that this issue has been generating interest, debate and attention across the national space since it was first introduced in July this year when the federal government issued notice of the removal of the Chairman and appointment of his successor apparently without recourse to the laid down constitutional processes and procedures”, the Lawyers pointed out.

The LAWBA aligned itself with the popular and correct position as argued by such leading lights in the legal profession in Nigeria like Professor Yemi Akinseye-George SAN, Wahab Shittu, SAN, in advising the government to be guided strictly by the provision of the law in all its actions.