By Umar Sa’id, Baúchi
Members of the 10th Senate of the Federal Republic of Nigeria have been accused of plotting the illegal removal of Hon. Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
A group of legal practitioners known as Lawyers for the Cause of Bauchi (LAWBA) berated the Senate yesterday over what it described as the so-called removal of CCT Chairman in a press conference held at NUJ Secretariat Bauchi by their spokesperson Nasiru H. Bala Esq
“As a body of Lawyers concerned with attainment of justice within Bauchi and surrounding environs, our attention was drawn to the decision by the Senate of the Federal Republic of Nigeria taken last week purportedly sacking from office, the Chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Umar.”
“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,” It stressed.
Nasiru pointed out that as with other aspects of our national life and governance, the 1999 Constitution of the Federal Republic of Nigeria has ample provisions that 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 by the Senate in carrying out this purported removal is applicable or not.
Now in presenting our position on this matter, we deem it pertinent that the relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) be examined as follows: 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).”
He explained that 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 Mobilization 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.”
