Senate’s Move to Oust CCT Chairman Faces Constitutional Hurdle — Report

The Senate’s attempt to remove the CCT Chairman was judged to be a basic mistake that stemmed from a faulty interpretation of the constitution. The Senate’s reliance on Section 157 of the Constitution, which relates to the Code of Conduct Bureau (CCB) rather than the Code of Conduct Tribunal (CCT), is at the core of the problem.

According to a thorough fact-check by PRNigeria, the misunderstanding has sparked questions about the Senate’s understanding of the functional and legal differences between the two chambers. In addition, the Senate’s activities have come under fire for compromising constitutional integrity and distorting the functions of appointees.

The Nigerian Senate, led by Senator Godswill Akpabio, recently passed a resolution to remove the Chairman of the Code of Conduct Tribunal, CCT, Danladi Umar, claiming reliance on Section 157(1) of the 1999 Constitution (as amended). The motion, titled “Invocation of the Provision of Section 157(1) for the Removal of the Chairman of the Code of Conduct Tribunal,” was sponsored by Senate Leader Senator Bamidele Opeyemi (APC-Ekiti).

In addition to pointing out that President Bola Tinubu had sent Mr. Abdullahi Usman Bello’s name to the Senate for confirmation as the new CCT Chairman, Senator Opeyemi accused Mr. Umar of a number of corruption and misbehavior charges. Bello’s appointment was confirmed by the Senate on July 4, 2024, ostensibly requiring Umar’s dismissal.

Chief Whip Mohammed Tahir Monguno revealed that the resolution received support from 72 senators at plenary and 10 more during committee sessions, exceeding the two-thirds majority needed for such acts in the Senate’s 109 members.

Constitutional Misunderstanding

But a closer look at the Constitution shows that the Senate’s interpretation and actions have serious faults. Only certain executive agencies, such as the Federal Civil Service Commission, Independent National Electoral Commission, and Code of Conduct Bureau (CCB), are covered by Section 157(1) of the Constitution. The Code of Conduct Tribunal (CCT), a court, is expressly exempt from it.

The Fifth Schedule to the Constitution’s Paragraph 17(3), which reads as follows: “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.” This clause instead governs the removal of the CCT Chairman.
PRNigeria reports that this provision requires a two-thirds majority from both the Senate and the House of Representatives, clearly distinguishing the CCT’s governance from that of the CCB.

Appointment Confusion
The Senate also made a mistake by recommending that Mr. Abdullahi Usman Bello take Mr. Danladi Umar’s place as CCT Chairman, according to PRNigeria Factcheck. Bello’s credentials as a forensic accountant led to his appointment as Chairman of the CCB rather than the CCT. Bello does not meet the Constitution’s requirement that the CCT Chairman be eligible to serve as a judge of a superior court of record.

Claims of Corruption and Their Resolution

Similarly, in letters dated March 5, 2015, and April 20, 2016, the Economic and Financial Crimes Commission (EFCC) exonerated Mr. Umar of bribery charges, despite assertions of unresolved corruption allegations. Former EFCC chairmen Ibrahim Lamorde and Ibrahim Magu oversaw the issuance of the approvals.
In 2018, the Attorney-General of the Federation further criticized the EFCC for attempting to revive charges against Mr. Umar without justification.

Senate Investigation Misstep

The 9th Senate’s investigation into Mr. Umar stemmed from an alleged assault at Banex Plaza, not corruption allegations. According to Senator Patrick Ayo Akinyelure, the then Chairman of the Senate Committee on Ethics, Privileges, and Public Petitions, the investigation involved a complaint filed by a security guard, Clement Sargwak.

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Legal Expert Reactions

Prominent legal practitioners have criticized the Senate’s actions. Prof. Yemi Akinseye George, SAN, and Dr. Wahab Shittu, SAN, called the resolution unconstitutional, emphasizing that the Senate lacks authority to remove a judicial officer like the CCT Chairman. They urged the Attorney-General of the Federation to address the anomaly and advise the President accordingly.

Speaking to PRNigeria, legal expert Yunus AbdulSalam, SAN, described the Senate’s actions as deeply troubling: “The misinterpretation of Section 157(2) by lawmakers reflects poorly on our constitutional democracy. This lack of diligence and scrutiny in legislative activities is alarming. The purported removal of the CCT Chairman violates the Constitution’s spirit and intent, raising serious concerns about the damage such impudence inflicts on our democratic processes.”

Findings and Conclusion

The Senate’s reliance on Section 157 of the Constitution to justify the removal of the CCT Chairman is a fundamental error. Section 157 applies to the CCB, not the CCT. Furthermore, the Senate failed to recognize the legal and functional distinctions between the two bodies and misrepresented the roles of appointees.

PRNigeria concludes that the Senate’s actions, led by Senate Leader Bamidele Opeyemi, are based on a flawed understanding of constitutional provisions. These errors highlight a worrying lack of legal comprehension and due diligence within the legislative process.

The Senate’s actions undermine constitutional integrity and damage public confidence in governmental oversight. Legislative bodies must adhere strictly to the Constitution, ensuring that their decisions align with the principles of the rule of law and good governance.

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.