From Paul Orude Bauchi
Lawyers for the Cause of Bauchi (LAWBA), has rejected the removal of the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar, by the Senate over alleged misconduct, saying it did not follow due process.
Addressing journalists at the Nigeria Union of Journalist (NUJ) Secretariat, Bauchi, on Monday, Lawyers for the Cause of Bauchi described the purported removal as unconstitutional.
“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,”Nasiru Bala, Esq, LAWBA’s Public & Media Relations Officer, said.
Bala argued that the 1999 Constitution has ample provisions that clearly address the issue of appointment and removal of Chairman of CCT and members.
“It equally addresses the point whether section 157(1) relied by the Senate in carrying out this purported removal is applicable or not,” he stated
He argued that according to section 157 (1) the CCT Chairman or any holder of public office can only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate “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. 157 (1)”
According to the group, the constitution was clear that the CCT Chairman can only be removed 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 or for “misconduct or for contravention of this Code- S.17 (3) of the 5th Schedule to the Constitution”
They lawyers therefore stated that the purported removal of the CCT Chairman by the Senate cannot stand legally.
“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.” he said further.
“This means that 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”
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. Bala also argued that in mentioning the list of offices that the Senate can exercise its powers under Section 157 (1), the Constitution in 157 (2) did not include the Code of Conduct Tribunal.
“Putting it simply, therefore, 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.
He said, LAWBA aligns itself with the argument of 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.
“In particular, we believe the office of the Honorable Attorney General of the Federation has a great role in ensuring that government and its actors observe, respect and adhere to the provisions of the law in the discharge of the functions of their offices,” he stated.
It will be recalled that the Senate had removed the CCT Chairman, Danladi Umar, over alleged gross misconduct pursuant to Section 157(1) of the Constitution (1999, as amended), which empowers the Senate to remove key public officials following due process.
Umar’s removal followed a closed-door session lasting over one and a half hours, and upon resumption of plenary, the Senate announced that more than 84 lawmakers supported the decision.
The motion leading to Umar’s removal was sponsored by the Senate Leader, Opeyemi Bamidele, who highlighted the pivotal role of the CCT in maintaining high standards of morality and accountability in government.
