Senate, CCB and CCT

Date: 2016-11-09

The Senate recently passed amendments to the law setting up the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) and, in effect, seized control of the two anti-corruption agencies from the President of the Federal Republic. Senate's adoption of the controversial amendment followed adoption of the report of its Ethics, Privileges and Public Petitions Committee presented by its chairman Senator Samuel Anyanwu [PDP, Imo East]. Anyanwu said the amendment intends to 'relocate' the power to exercise authority over the Bureau from the President to the National Assembly.

During the debate, some senators requested for suspension of deliberations but others insisted that consideration of the report should continue. Senator Ahmed Lawan (APC, Yobe North) said they would be doing the National Assembly a better service if the bill was stepped down. He said, "We will make this a better bill only when we convince ourselves that what we are trying to do is not for our sake." Major aspects of the Act that were amended include Section 18(1) and Section 18(2) where the phrase 'President' was substituted with 'National Assembly'. This section had provided that CCB and the CCT are controlled by the president.

Section 18(1) now reads, 'The National Assembly may by order exempt any cadre of public officers from the provisions of this Act if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions'. Section 18(2) was amended to read thus, 'The National Assembly may by order confer on the Bureau such additional powers as may appear to it to be necessary to enable it discharge more effectively the functions conferred upon it under this Act'.

The lawmakers also amended section 1(4) of the Act to read, 'The chairman and members shall serve for a term of five years subject to renewal for one further term only'. This amendment however contradicts Paragraph 1 of Part 1 of the Third Schedule of the 1999 Constitution as well as Section 1(4) of the existing Act both of which provide that the chairman and members shall vacate office only upon attaining the age of seventy.

Section 3(d) of the existing Act was also amended to make it compulsory for any breach or non-compliance to be brought to the notice of the person concerned to enable him make a written admission of such breach or non-compliance and where such is done, there shall be no reference to the CCT. Furthermore, section 20(2) was introduced to ensure that a minimum of three members of the Tribunal sit at all times. In the existing Act, there is no mention of quorum. Senate however rejected the proposed amendment of Section 1(2) which reduced the entry age of CCB's chairman and members from 50 to 30 years.

This bill was first introduced in the Senate last April but had to be withdrawn following public outcry that the bill was self-serving and meant to weaken the powers of CCB and CCT. The bill was also introduced into House of Representatives which passed it in May. While some Nigerians believe that the lawmakers are amending the Act that established CCB and CCT because one of them is standing trial at the CCT, others also say that the amendment was prompted by the Executive Arm's abuse of the provisions of the Act as discernible in the trial of Senate President Bukola Saraki.

It is wrong for the National Assembly to try to assume any executive functions because that will be unconstitutional. To that extent, CCB should remain under the president's control. However, we think the law that puts the CCT under the Executive also violates the principle of separation of powers. CCT which tries and convicts offenders of the CCB rules is a judicial body and should not be under the Executive. It should be transferred to the Judiciary.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Umar Danladi Shero     Kwara State Fire Service     UNILORIN Alumni Association     Jide Oyinloye     Nigerian Medical Association     Kwara South     Students Union Government     Toyin Falola     Offa Poly     JUSUN     Raymond Olaitan     Hassan Taiye Salam     Abdulwasiu Bolaji Adeyi     Laboratory-to-Product     Bond     Centre For Community Empowerment And Poverty Eradication     Okin Biscuit     AbdulRaheem Ahmad Shayi     Ibrahim Sulu Gambari     Yaru     Olaiya Lawal     Yaman     Nupe     Kwara State Council Of Chiefs     John Obuh     Bank Of Industry     National Party Of Nigeria     Olufolake Abdulrazaq     Yusuf Babatunde Abdulwahab     Agboola Babatunde     Student Learning Support Helpline     Halimat Yusuf     Mahmud Durosinlohun Atiku     Bayo Mohammed Onimode     Medinat Folorunsho Salman     Rebecca Bake     Taofik Abiodun Ahmed     Kannike     Ibrahim Mashood     Abdulwahab Oba     Agboola Abdulraheem     Government High School (GHS), Adeta     Muhammad Mustapha Suleiman     Amos Bajeh     Arik     Isa Aremu     Nigerian Army     Shuaib Boni Aliyu     Jani Ibrahim     Gabriel Fashanu     Lafiagi     Olabanji Orilonishe     Shero     Tayo Awodiji     Idiagbon     Okiki     Alliance For Democracy     Alabere     Shuaib Olarongbe     Road Transport Employers Association Of Nigeria     Curfew     Adesoye     Afolabi-Oshatimehin     Abdulrazaq Aiyelabegan     Clement Yomi Adeboye     Elerin Of Adanla     April 11     Memunat Monsuma     Olateju Lukman     Dan-Kazeem     Bursary     Abdulfatai Ahmed     Yusuf A. Usman     Yakubu Gobir     Bilikisu Gambari     Kayode Issa     SDP    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Amule     Mohammed Haruna     AbdulGaniyu Kareem     Isa Aremu     Zubair Folorunsho Erubu     United Nigeria Airline     Ahmad Lawan     Nigerian Supreme Council For Islamic Affairs     Sabo-Oke     Pius Abioje     Abdulrazaq Solihudeen     Public Holiday     Curfew     Kehinde Boyede     Sulyman Abdulkareem     Tunji Ajanaku     Abdulwahab Oba     Bureau Of Lands     Okoolowo     Senior Ibrahim Suleiman     Ilorin Likeminds Foundation     Bashiru Makama     Is\'haq Modibbo Kawu     Ayo Salami     National Pilot     Kwara State University Of Education     Shehu Jimoh     Forgo Battery     Saka Asiat Ayinke     Zulu Gambari     Jaiz Bank     Awoye     Memunat Monsuma     Patigi Regatta     Wakilin Mata Lafiagi     Musa Ayinla Yeketi     Kolo     Abubakar B.M     Ayobola Ipinlaiye     Principal Private Secretary     Ganiyu Taofiq     Oluranti Idowu     Convocation Ceremonies     Bond     Salihu Ajibola Ajia     Shuaibu Yaman     Quarry Royal Valley     Micheal Imodu-Ganmo Road     Ishaq Oloyede     Mujtabah Bature     Okin Biscuit     Ibraheem Abdullateef     Ilorin Innovation Hub     Jawondo     Kamoru Kadiri     AGF Abdulrazaq     Ilorin Amusement Park     Saba Mamman Daniel     Rotimi Atere     Simeon Sayomi     Alaiye     Abatemi Usman     Afeyin-Olukuta     Ilota     Adam Abdullahi Al-Ilory     Ibrahim Jawondo     Turaki     Olaosebikan     Makama     Sunset Workers     Isiaka Saka Opobiyi     Owo Isowo     Bature Bello     Ayodele Olaosebikan     Idowu Aremu     CELF     Logun