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.

Revenue Court     General Hospital, Ilorin     Imodoye Writer’s Enclave     Mohammed Tunde-Jimoh     AbdulHakeem Ajibola Akanbi     Lukman Oyebanji Fagbemi     Ahmed \'Lateef     Apaokagi     Old Oyo     Olabanji Orilonishe     Bayer AG     Sebastine Obasi     Sa\'ad Alanamu     Jare Olatundun     Isiaka Saka Opobiyi     Makama Of Ilorin     Kale Ayo     Raliat AbdulRazaq     Isiaka Yusuf     Risikat Lawal     Ibrahim Oniye     Ola Falade     Daud Adeshola     Innocent Okoye     UNIFEMGA     IHS Towers     Muslimah Entrepreneurship Forum     Yakub Lai Gobir     Olatomiwa Williams     Sabi     Laduba     Shehu Salau     NNPP     Mohammed Kamaludeen     Arinola Fatimoh Lawal     United Nigeria Airline     College Of Education     Bello Taoheed Abubakar     Aro Yahaya     David Oyedepo     Abdulkarim Adisa     Shuaib Jawondo     Muhammad Sirajo Aliyu     Kishira     Ibrahim Abdulkadir Abikan     Ibrahim Taiwo Road     Kwara South     Kunle Suleiman     Mohammed Khadijat Kubura     Oluronke Adeyemi     Raymond Olaitan     Imam Gambari     Adeleke Ogungbe     Bashiru Makama     Yusuf Ali     Garuba Alikinla Shittu     Adama Isa     Saidu Isa     Gbemi Saraki     Khadijat Ayoola Yusuf     Societe Generale Bank Of Nigeria     Micheal Imoudu     Bamidele Adegoke Oladimeji     GANZY     IHS     Bola Tinubu     Wahab Femi Agbaje     Gwanara     Joshua Adeyemi Adimula     Iponrin     Abdulfatai Ahmed     JMK Construction Company Limited     Umar Yakubu Jaja     Gobir     Ubandawaki     Nigerian Supreme Council For Islamic Affairs     Chartered Institute Of Personnel Management Of Nigeria    

Cloud Tag: What's trending

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

Centre For Peace And Strategic Studies     Michael Nzekwe     Abdullahi Samari     Arinola Fatimoh Lawal     Saka Adeyemo     Lafiagi     Abdulrasheed Na\'Allah     LABTOP     Curfew     Olusola Saraki     Fatimat Saliu     Chief Imam Of Lafiagi     Yomi Adeboye     Jimoh Olusola Imam     Obuh     Rapheal Ashaolu     Simeon Ajibola     Prince Sunday Fagbemi     Afonja     Sheikh Hamzat Yusuf Ariyibi     Magaji Are     Mohammed Yahaya Barki     Yoonus Kola Olatinwo     Sheriff Shagaya     Ilorin Talaka Parapo (ITP)     Olayinka Oladapo Jogunola     John Dara     Afeyin-Olukuta     Laduba     Turaki     Bahago     Wahab Egbewole     Shao     Abikan     Sunday Fagbemi     Amos Bajeh     Isiaka Yusuf     Abdulmutalib Shittu     Ibrahim Issa Jetti     Ilesha-Baruba-Gwanara     Sardauna Of Ilorin     Danhawa     Idris Amosa Saidu     Lawal Jimoh     Wasiu Onidugbe     Local Government Pension Board     Kayode Ogunlowo     Suleiman Idris     Elekoyangan     Ahmed Bolaji Nagode     Deji Ajani     Alaaya     Amusement Park     Pilgrims Board     Association Of Kwara State Online Media Practitioners     Roseline Oni Aremu     Aliyu Kora-Sabi     Afolayan     Abdulganiy Abimbola Abdussalam     Olayinka Are     April 11     Funmi Salau     Wahab Issa     Wasiu Odewale     Gambari     Alfa Yahaya Road     Zainab Abass     Joseph Offorjama     Kwara North     Inside Kwara     NIRSAL     Sheriff Olanrewaju     Kwara State Printing And Publishing Corporation     Nurudeen Muhammed     Adanla-Irese     Timothy Olatunde Fadipe     Oke-Kura