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.

Haleeman Salman     Oasis Muslim Care Foundation     Sarakite     Principal Private Secretary     Olabode Towoju     Sambo Murtala     Abdulrahman Onikijipa     2023 Elections     Ramat Oganija     Deji Ajani     Hausa     Abubakar Baba     Third Estate     College Of Health     Alanamu     Abdulkarim Adisa     Ahmad Belgore     Yusuf Aiyedun     Nagode     Fatima Abolore Jimoh     Ajibola Saliu Ajia     Lithium Deposit     International Aviation College     Inside Kwara     Dar-Al-Handasah Consultants Ltd     Mohammed Lawal Bagega     Aliyu U. Tilde     Ophthalmological Society Of Nigeria     Ayobami Seriki     AbdulHakeem Ajibola Akanbi     Shola Odetundun     New Nigeria People’s Party     Col. Adedipe     Mohammed Lawal     Pilgrims Board     Eleja Taiwo Banu     Lasiele Alabi Yahaya     Alikinla     Khairat Gwadabe     Joseph Offorjama     Alfa Yahaya Road     Gani Saadu     Aliyu Adebayo     Jeunkunu-Malete-Bani     Chief Imam Of Omu-Aran     Edret Sabi Abel     Mohammed Haruna     Ilorin Amusement Park     Bond     Kwara     Gbenga Adebayo     Code Of Conduct Bureau     Owo Isowo     Hijab     Kayode Ibrahim     AbdulKareem Yusuf Danhawa     Folashade Omoniyi     Saka Isau     FOMWAN     Ramadan     Ayeyemi Sulaiman     Tope Daramola     Village Alive Development Association     Erubu Oba Zubair     Balikis Jawondo     Abdulrahman Abdulrasaq     Ojuekun Sarumi     Afonja Descendants Union     Jamiu Oyawoye     Niyi Osundare     Kwara 2019     Bola Ahmed Tinubu     African Democratic Congress     Majlis For Sadaqah, Zakat And Waqf     Shuaibu Yaman Abdullahi     Chemiroy Nigeria Limited     Ifelodun    

Cloud Tag: What's trending

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

Kehinde Boyede     Abdulmajeed Wahab     Falokun-Oja     Kolawole Bashirat     Olatunji Bamgbola     JUSUN     SWAN     Olosi Of Osi     Isiaka Rafiu Mope     Olam Food Ingredients     Oke-opin     Mohammed Ibrahim     Rafiu Olasile     PharmAccess Foundation     Bamikole Omishore     Yusuf Zulu-Gambari     AbdulRaheem Ahmad Shayi     Charles Ibitoye     Ibrahim Taiwo Road     Haleeman Salman     Olusegun Adeniyi     Yusuf Lanre Badmas     Aliyu Muyideen     SSUCOEN     ENetSuD     Nurudeen Muhammed     George Funsho Adebayo     Olabimpe Olani     Kwara Central     John Obuh     Lukman Oyebanji Fagbemi     Ahmad Ali     Rotimi Oyedepo     General Hospital, Offa     Kwara University Of Education     Jumoke Monsura Gafar     Jaigbade Alao     Ayobola Ipinlaiye     Kola Shittu     Lanre Issa Onilu     Federal Road Maintenance Agency     Omu-aran     Royal FM     Olayinka Olaogun     Hauwa Nuru     Aliyu Kora Sabi     Ibraheem Abdullateef     Ishaq Salman     Nigerian Correctional Service     Olukotun Of Ikotun     Noah Yusuf     Elections     Bello Taoheed Abubakar     Olaiya Victor Mobolaji     Moronfoye     Usman Alkali Baba     Babs Iwarere     Yaru     Kwara Metro Park     Jimoh Akani     Sanusi Abubakar     Omoniyi Ayinla     Awili Pedro     Yaman     EFCC     AbdulHamid Adi     Habeeb Saidu     Islamic Development Bank     Asa     C2c@kwarastate.gov.ng     Oyin-Zubair     Ajibike Katibi     Ahmed Bolaji Nagode     Apaokagi     Chief Imam Of Lafiagi     Salmon Babatunde Salmon     TIC