A group, Vanguard for Transparent Leadership and Democracy, has offered reasons why the Senate cannot remove Justice Danladi Umar as the Chairman of the Code of Conduct Tribunal.
The group offered its position in a statement issued by its National President, Engineer Igbini Odafe Emmanuel, on Thursday.
Emmanuel’s statement came following Wednesday’s sack of Umar as the CCT Chairman on Wednesday.
The statement reads in full:
The decision by the Senate of the Federal Republic of Nigeria to invoke the provision of Section 157 (1) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended, was a tragic error that instantly and automatically nullified its Resolution to remove Justice Danladi Umar as the Chairman of the Code of Conduct Tribunal.To this end, the purported removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal is null and void and of no moment at all.
For the record, the constitutional process for removal of the Chairman or two members of the Code of Conduct Tribunal does not come under section 157(1) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended, which the Senate in error, invoked to resolve to remove the Justice Dalandi Umar from Office.
This section 157(1) applies for the removal of only 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.
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The process for removal of Chairman or members of the Code of Conduct Tribunal falls strictly under paragraph 17(3) of Part 1 of the 5th Schedule of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended, which requires that at least two-thirds of Senators and two-thirds of members of the House of Representatives must approve the removal of the Chairman and or member of the CCT.
For avoidance of doubt this paragraph states that: “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 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.”
While it is very clear and obvious to Nigerians that indeed, Justice Danladi Umar had willfully committed Gross Misconduct at Banax Plaza, Abuja, in year 2021 unjustly assaulting a Nigerian, and worsen his case by willfully disregarding and disrespecting the Senate of the Federal Republic of Nigeria investigating his gross misconduct at Banax Plaza, both gross misconducts which should have caused him to be removed from office since year 2021 by the 9th National Assembly invoking this paragraph of the Constitution, however in now doing so which is very commendable, both Houses of the National Assembly must comply with this paragraph.
In conclusion, we therefore request that the Senate and the House of Representatives do urgently convey to do the needful as stipulated by this paragraph of the Constitution. Unless and until this is done, Justice Danladi Umar sadly remains the Chairman of the Code of Conduct Tribunal.
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