Fact-Check: How Senators Misinterpreted the Constitution in Their Attempt to Remove the CCT Chairman

Fact-Check: How Senators Misinterpreted the Constitution in Their Attempt to Remove the CCT Chairman

Recently, the Nigerian Senate, under the leadership of Senator Godwill Akpabio, passed a resolution purporting to rely on Section 157(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to authorize President Bola Tinubu to dismiss the Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar. This resolution followed the adoption of a motion titled “Invocation of the provision of Section 157(1) of the Constitution of the Federal Republic of Nigeria 1999, as amended, for the removal of the Chairman of the Code of Conduct Tribunal,” sponsored by Senator Bamidele Opeyemi (APC-Ekiti), the Senate Leader as reported in Thisday

Senator Opeyemi claimed that the Senate had received numerous allegations of corruption and misconduct against the Chairman, leading the 9th Senate, through the Senate Committee on Ethics, Code of Conduct, and Public Petitions, to invite him to address these allegations.

“The Senate is aware of the overwhelming allegations against the Chairman. Mr. President, Senator Bola Ahmed Tinubu, GCFR, has forwarded Mr. Abdullahi Usman Bello’s name to the Senate for confirmation as the new Chairman of the Tribunal. The Senate plenary on Thursday, July 4, 2024, confirmed Bello’s appointment, thus necessitating the erstwhile Chairman to vacate the office for the new Chairman to assume duties officially,” Senator Bamidele concluded.

The Chief Whip of the Senate, Mohammed Tahir Monguno, explained that the resolution was backed by 72 Senators who registered their support at plenary and ten others engaged in committee meetings, making 82 Senators. The Senate is comprised of 109 members, so a two-thirds majority of 72 votes is required for such actions.

The resolution indicates that an address supported by a two-thirds majority of the Senate would be sent to the President for the official removal of Mr. Danladi Umar, allowing Mr. Abdullahi Usman Bello to take up the position of substantive Chairman of the Tribunal.

Justice Umar has presided over several high-profile cases involving national assembly leadership, governors, top judicial officers, and other public officials. They included the then-opposition leader, Asiwaju Bola Ahmed Tinubu, former Senate President Bukola Saraki and Chief Justice of the Federation, Walter Onnoghen as reported by YAShuaib

Verification

Misrepresentation of the Law

PRNigeria reviewed Section 157(1) of the Constitution to assess the constitutional basis cited by the Senate. This section pertains specifically to the Code of Conduct Bureau (CCB) and not the Code of Conduct Tribunal (CCT), which are distinct entities.

Section 157(1) states: “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 a two-thirds majority of the Senate…”

Subsection (2) further clarifies that this applies to specific positions, including those in the “Code of Conduct Bureau, Federal Civil Service Commission, Independent National Electoral Commission, and other executive bodies,” explicitly omitting the CCT, which operates within the judicial branch of government.

Instead of Section 157, the removal of the Chairman or members of the CCT is governed by Paragraph 17(3) of the 5th Schedule to the 1999 Constitution as amended. This provision states: “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 contravention of this Code.”

Thus, the President can only remove such officials based on an address supported by a two-thirds majority from both Houses of the National Assembly (Senate and House of Representatives).

Legislative Ignorance on Appointment

The Senators also misrepresented Mr. Abdullahi Usman Bello’s appointment. Mr. Bello was appointed as Chairman of the CCB based on his qualifications as a forensic accountant and was cleared for that role by the Senate.

The appointment of the CCT Chairman is detailed in Paragraph 15 of the 5th Schedule to the Constitution: “The Chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria… The President shall appoint the Chairman and members of the Code of Conduct Tribunal on the recommendation of the National Judicial Council (NJC).” Therefore, this cannot apply to Bello, who lacks the requisite judicial qualifications.

The Senators, therefore, erred in their assertion that their actions would facilitate Mr. Abdullahi Usman Bello’s appointment as the new Chairman of the CCT. They overlooked that Bello currently serves as Chairman of the CCB, as President Bola Ahmed Tinubu recommended and by which the SEnate themselves cleared him for that purpose.

Clearance of Danladi by Anti-Corruption Agency

On the allegations of ongoing investigations by anti-corruption agencies, available evidence shows that the Economic and Financial Crimes Commission (EFCC) investigated CCT Chairman Justice Danladi Umar and found him exonerated. This is supported by a letter sent to the Secretary to the Government of the Federation in 2015 as reported in PUNCH.

Furthermore, the EFCC cleared Danladi Umar of guilt concerning a N10 million bribery allegation the following year, as conveyed in a letter signed by the Secretary of the Commission, Emmanuel Adegboyega Aremo, in 2016 as reported by CHANNEL TV.

The clearances were formalized in letters dated March 5, 2015, and April 20, 2016, during the tenures of former EFCC Chairmen Ibrahim Lamorde under President Jonathan and Ibrahim Magu under President Buhari.

Similarly, in 2018, Nigeria’s Attorney-General criticized Ibrahim Magu, then EFCC chairman, for failing to justify fresh charges against Danladi Umar. The Attorney-General also queried the legal authority of Festus Keyamo, the attorney contracted by the EFCC to prosecute Mr. Umar, as reported by Premium Times.

Misinformation on the Probe Panel by 9th Senate

The 9th Assembly’s investigation into the CCT Chairman stemmed from an assault case at Banex Plaza, not corruption allegations. The Chairman of the Senate Committee on Ethics, Privileges and Public Petitions, Senator Patrick Ayo Akinyelure, stated that his committee was examining an assault claim against Danladi by Mr. Clement Sargwak, a security guard at the plaza, as reported in The Nation.

Lack of Due Diligence

It appears that the Senators who signed the motion proposed by Senator Bamidele did not understand the distinction between the two constitutional bodies responsible for maintaining ethical standards among public officers. The CCB functions as an investigative body, while the CCT operates as a judicial authority established by the Constitution.

Legal experts have criticized the Senate’s procedures concerning the issue. The Executive Director of the Centre for Socio-Legal Studies, Prof. Yemi Akinseye George, SAN, and law scholar Dr. Wahab Shittu, SAN, have deemed the decision of the Senators regarding the CCT Chairman illegal and unconstitutional, emphasising that the upper chamber of the National Assembly lacks the authority to remove a judicial officer. The lawyers urged the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, to address this issue with President Bola Tinubu, clarifying that the Senate cannot remove a judicial officer as it attempted with the CCT Chairman. VANGUARD

Speaking to PRNigeria, another legal practitioner Yunus AbdulSalam, SAN, said: “The fact that the import of Section 157(2) of the Constitution eluded our lawmakers in the Senate is alarming and reflects poorly on our constitutional democracy. It sadly highlights a troubling lack of diligence and meticulous scrutiny in their legislative processes. The purported removal of the CCT Chairman blatantly violates the Constitution’s spirit and intent. This presents a deeply concerning optic, and only God knows the extent of damage such legislative impudence has inflicted on our democratic well-being.”

Findings/ Conclusion

The evidence indicates that the Senate wrongly cited Section 157 of the Constitution concerning dismissing the CCT Chairman, as this section explicitly applies to the CCB rather than the CCT. This misinterpretation highlights a fundamental misunderstanding of the legal distinction between the two entities.

PRNigeria concludes that the Senate’s assertion of relying on Section 157(1) to authorise the removal of the CCT Chairman is fundamentally flawed and constitutes a misrepresentation of the law. Among the 109 Senators, a significant majority—73—misapplied constitutional provisions regarding the functions of the CCT and CCB. Additionally, they misidentified the positions held by appointees, revealing a severe deficiency of legal comprehension within the Senate, mainly reflecting the misguidance of Senate Leader Bamidele Opeyemi (APC-Ekiti).

The Senate’s blatant ignorance and misinterpretation of constitutional provisions governing the appointment and removal of the CCT Chairman carry serious implications for governmental oversight and the rule of law. Such actions, coming from elected lawmakers expected to uphold and understand the Constitution, are both misleading and an embarrassment to the nation.

By PRNigeria