The Nigerian Senate on Wednesday officially removed Danladi Umar as Chairman of the Code of Conduct Tribunal, CCT.
Cyber Reporters recalls that this decision came after a closed-door session, marking a significant turning point for Umar, who has faced intense scrutiny over his tenure.
The Senate’s move has sparked controversy, with some questioning its authority to remove Umar.
Akinseye George, a Senior Advocate of Nigeria, SAN, has argued that the Senate lacks the constitutional power to remove the chairman of the CCT.
According to reports, the Senate’s decision was based on serious misconduct allegations against Umar, including corruption, misappropriation of funds, and a public altercation with a security officer.
The Senate also received numerous petitions and accusations of misconduct against Umar, which prompted an investigation.
He said:
“I have just read section 157(1) and (2) of the 1999 Constitution relied upon by the Senate to sack the CCT chairman. Section 157 (1) of the 1999 Constitution does not give powers to the Senate to remove the Chairman of the Code of Conduct Tribunal. For emphasis, Section 157 (1) provides that a person holding 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.
“Under Section 157 (2), a list of the offices that the senate can exercise its powers under Section 157(1) include that 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.
“The Code of Conduct Tribunal is missing from the list. And I know that while the Code of Conduct Bureau is an executive body, the Code of Conduct Tribunal is a judicial body. The Senate can’t remove the Chairman of the Code of Conduct Tribunal. For the Chairman of the Code of Conduct Tribunal to be removed, there must be compliance with the provision of section 17 of the Fifth Schedule to the 1999 Constitution. Specifically, Section 17(3) of the Fifth Schedule to the 1999 Constitution provides:
“A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by a two-thirds majority of each House of the National 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.
“We have to follow the constitution. This is democracy. You may not like the face of the person there but you will need to follow the process. Otherwise, we will all be endangered. So, in my view, the Attorney General of the Federation should advise Mr President to follow the constitution. And the man who has been appointed will also need to follow the constitution. What goes round comes round. They must follow the constitution. It will be on record that Mr President who is a known democrat is disregarding the constitution. And I don’t think he will do that. They should call his attention to that.
“And if the President goes ahead and it is challenged in court, the process will be reversed. Unless there is something they know that we don’t know. But as far as the letter of the constitution that I can read and interpret is concerned, you cannot remove the chairman of the code of conduct tribunal without two third from each house. We must follow the constitution.”
