By Rauf Oyewole
A group of lawyers in Bauchi State, Lawyers for the Cause of Bauchi (LAWBA) has rejected the removal of the Chairman of the Code of Conduct Tribunal, Justice Danladi Umar over alleged misconduct by the Senate.
Speaking at a press briefing on Monday in Bauchi, the Public and Media Relations Officer of the group, Nasiru Bala Esq. said that the group observed 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.”
Citing the 1999 Constitution provisions, he said that it clearly addresses the issue of appointment and removal of Chairman and members of the Code of Conduct Tribunal. “It equally addresses the point whether section 157(1) relied on by the Senate in carrying out this purported removal is applicable or not.”
According Nasiru, 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. 157 (1).
“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, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission -S.157(2).
“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-S.17 (3) of the 5th Schedule to the Constitution.”
He pledged that the group would be seeking redress in court against the Senate.
The group said 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.”
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