By: Monday Danladi, Bauchi
A group of legal practitioners known as Lawyers for the Cause of Bauchi (LAWBA) has berated the Senate of the Federal Republic over what it described as the so-called removal of Hon. Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
Addressing a Press Conference on Monday at the Conference Hall of the NUJ Press Center, the Group, through
Nasiru H. Bala Esq., LAWBA Public & Media Relations Officer stated that, “As a body of Lawyers concerned with attainment of justice within Bauchi and surrounding environs, our attention was drawn to the decision by the Senate of the Federal Republic of Nigeria taken on Wednesday last week purportedly sacking from office, the Chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Umar.”
“As concerned stakeholders, however, the set-up observes with serious concern and disappointment, that such a decision is illegal, ultra vires of the Senate and cannot stand the test of proper constitutional scrutiny,” It stressed.
Nasiru Bala added that,”As with other aspects of our national life and governance, the 1999 Constitution of the Federal Republic of Nigeria has ample provisions that clearly addresses the issue of appointment and removal of Chairman and members of the Code of Conduct Tribunal.”
According to him,”It equally addresses the point whether section 157(1) relied by the Senate in carrying out this purported removal is applicable or not.
Now in presenting our position on this matter, we deem it pertinent that the relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) be examined as follows: 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 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-S. 157 (1).”
He explained that, “This section applies to the offices of 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 Mobilization Allocation and Fiscal Commission and the Police Service Commission” -S.157(2).”
He added that,”A person holding the position of Chairman or member of the Code of Conduct Tribunal shall not be removed from office or appointment by the President except upon an address supported by two-thirds majority of each House of 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-S.17 (3) of the 5th Schedule to the Constitution.”
LAWBA pointed out that,”From a careful examination of the quoted provisions of the Constitution, it is our considered view as a Set-up that the purported removal of the CCT Chairman by the Senate cannot stand legally speaking. The first ground or reason for this view is that it is clear from the letter and spirit of Section 17 (3) of the 5th Schedule to the Constitution that the removal or appointment of either the Chairman or member of the Code of Conduct Tribunal is a function or responsibility vested in the President in discharging which the two-third majority of both the Senate and the House of Representatives is of necessity required.”
“This means that until there is a concurrence by both Houses of the National Assembly on the matter, the Chairman of the Tribunal remain in office as his purported removal was not done in the manner contemplated by the Constitution and therefore void ab initio,”he added.
“Another reason for faulting the decision of the Distinguished Senate on this matter is that it is clear from the wordings of Section 157 (1&2) that same does not apply to the Code of Conduct Tribunal. This is so because it is a well-established principle of law that the express mention of one thing in a statute excludes all other things not therein mentioned. The version of this position in latin maxim is expressio unius est exclusio alterius. That is to say in mentioning the list of offices that the Senate can exercise its powers under Section 157 (1), the Constitution in 157 (2) did not include the Code of Conduct Tribunal. Putting it simply, therefore, it is clear that in passing the resolution for the removal of the CCT Chairman, the Senate acted in breach of the Constitution by purporting to base its decision on section 157 (1) which is inapplicable in the circumstances,” The Group argued further.
Nasiru Bala then stated that,”Having said all these, LAWBA notes with concern that this issue has been generating interest, debate and attention across the national space since it was first introduced in July this year when the federal government issued notice of the removal of the Chairman and appointment of his successor apparently without recourse to the laid down constitutional processes and procedures.”
He stressed that,”Against this background of what has been presented, LAWBA aligns itself with the popular and correct position as argued by such leading lights in the legal profession in Nigeria like Professor Yemi Akinseye-George SAN, Wahab Shittu, SAN, in advising the government to be guided strictly by the provision of the law in all its actions.”
LAWBA added that,”In particular, we believe the office of the Honorable Attorney General of the Federation has a great role in ensuring that government and its actors observe, respect and adhere to the provisions of the law in the discharge of the functions of their offices.”
It added that,”The need and duty to be properly guided on these matters becomes more bounden, sacred and crucial when the office or the person involved is a judicial officer as by the application of the doctrine of separation of powers and his role in deepening of democratic governance in the country deserve all the benefit which the law has afforded him.”
” In conclusion, we hope that as a body that itself is a creation of law and one that is populated by many senior lawyers, the Senate and indeed the National Assembly would be guided accordingly. The same thing is expected of the Executive arm of government.
Thank you for the attention and long live the Federal Republic of Nigeria,” LAWBA concluded.