The controversy surrounding the Nigerian Senate’s procedural errors in attempting to remove the Chairman of the Code of Conduct Tribunal (CCT) has taken a dramatic turn. A startling incident captured in a video obtained by PRNigeria has further deepened tensions.
In the video, a lawyer identified as Mainasara Umar Kogo stormed the Tribunal premises in Abuja on Monday, boldly declaring himself the new CCT Chairman. He claimed to have been appointed by the Presidency, despite constitutional provisions governing such appointments.
The footage shows Kogo confidently entering the court chamber and summoning the Tribunal’s management and staff, whom he proceeded to address. His actions have raised questions about adherence to due process and the legitimacy of his claims, as the constitutional procedure for appointing a CCT Chairman requires presidential nomination on the recommendation of the National Judicial Council (NJC) and approval by the National Assembly.
The Senate recently attempted to invoke Section 157(1) of the 1999 Constitution to oust CCT Chairman Danladi Umar over allegations of misconduct. However, a fact-check by PRNigeria revealed that this constitutional provision specifically pertains to the Code of Conduct Bureau (CCB) rather than the CCT.
Complicating matters further, the Senators appeared to conflate the roles of the CCB and CCT, mistakenly linking Umar’s case to that of Abdullahi Usman Bello, who has recently been appointed to lead the CCB. Additionally, the Senate’s claims that the 9thAssembly conducted investigations into Danladi Umar’s alleged corruption were based on a petition from a security guard concerning an unrelated incident even after anti-corruption agency had cleared him of any allegation.
While the Senate’s procedural errors remain unresolved, Kogo’s self-declaration at the CCT headquarters in Abuja has raised profound concerns. His proclamation as the new Chairman, purportedly sanctioned by the Presidency, directly contradicts established constitutional mandates.
The 1999 Constitution (as amended) stipulates that the President appoints the CCT Chairman and its Members upon the recommendation of the National Judicial Council (NJC), which must receive advice from the Federal Judicial Service Commission (FJSC). Moreover, any efforts to remove the CCT Chairman must involve a formally addressed motion to the National Assembly and garner support from both legislative chambers of the Senate and House of Rep – all aspects conspicuously absent from Kogo’s declaration.
The senators’ actions concerning Kogo’s self-appointment have sparked questions about the integrity of governance and adherence to the rule of law in Nigeria.
Renowned legal experts have denounced the government’s handling of the CCT matter, describing it as a blatant violation of the Constitution. Among the critics are Professor Mamman Lawan Yusufari, a former Dean of the Faculty of Law at Bayero University Kano (BUK), Professor Yemi Akinseye-George, the Executive Director of the Centre for Socio-Legal Studies, and Dr. Wahab Shittu. These distinguished legal scholars, all Senior Advocates of Nigeria (SAN), have unanimously declared the actions illegal and unconstitutional.
The lawyers called on the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, to intervene by advising President Bola Tinubu on the constitutional procedures. They stressed that removing judicial officers, including the CCT Chairman, must adhere to the due process outlined in the Constitution.
Similarly, Senior Advocate of Nigeria Yunus AbdulSalam criticized the government’s misinterpretation of the Constitution, describing it as alarming and indicative of a lack of diligence in both executive and legislative processes. “Their unconstitutional and desperate attempt to remove the CCT Chairman undermines the spirit of the Constitution and poses a serious threat to democratic integrity,” AbdulSalam stated. (By PRNigeria)
