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.

Babatunde Ishola Babaita     Sulyman Age AbdulKareem     Ile Arugbo     National Democratic Congress     Oba Abdulraheem     Bilikisu Oniyangi     Noah Yusuf     Mohammed Jimoh Faworaja     Igbaja     Issa Memunat Moyosore     Bashir Badawi     Muftau Akanbi Oke     ITEM 7     Kwara State Internal Revenue Service     Minister     Nigerian Army     Bello Taoheed Abubakar     Okoolowo     Mohammed Abdulahi     Abubakar Ndakene     All Peoples Party     Salake     NTA Ilorin     Bankole Omishore     Olatunde Oyeyiola     Nupe     Gambari     Moro     COVID-19 Palliatives     Ajibola Ademola Julius     Hijab     Modibbo Kawu     Opaleke Bukola Iyabo     Alore     Olokoba Sulyman     Barakat Community Secondary School     Gbemisola Saraki     Lafia Aliyu Korasabi     State Bureau Of Internal Revenue     ASMAU PLAZA     Olaitan Adefila     Samuel Olusegun Adedayo     Nigeria Foundation For Artificial Intelligence     Yinka Aluko     James Ayeni     Kwara Primary Health Care Development Agency     Wasiu Odewale     Elerinjare     Crystal Corner Shops     Raliat AbdulRazaq     Bature Bello     Baboko Primary School     Gbemisola Oguntimehin     Abdulkarim Adisa     Abdulmumini Jawondo     Justina Oha     Laduba     Aminat Ahmed     Sai Kayi     Ajase-Ipo     Bayer Nigeria Limited     Abdulrauf Aliyu     Kwara State Branch Of The National Library     Hassan Saliu     Sunday Otokiti     Kulende     Taofeek Ibraheem     Mohammed Yisa     CACOVID     Jumoke Gafar     Bello John Olanrewaju     Abdulrosheed Okiki     Ayegbeni     Patigi Regatta     Abegunde Goke     KWACOBPA     Babata    

Cloud Tag: What's trending

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

Kola Ologbondiyan     Kwara 2023     Senior Ibrahim Suleiman     Mashood Abdulrafiu Agboola     Yoruba     Baruten     Kulende-UITH     Musa Yeketi     National Democratic Congress     Opolo Global Innovation Limited     Aisha Abodunrin Ibrahim     AbdulRahman Saad     Magaji Nda     Saba Mamman Daniel     Yahaya Abdulkareem Babaita     A.G.F Abdulrasaq     Turaki Of Ilorin     Elese Of Igbaja     Yusuf Lawal     Mohammed Lawal Bagega     Suleiman Ajadi     Hijab     Ijagbo Health Centre     Abubakar Abdulraheem     Aliyu Salihu     Ayinke Saka     Oba Abu     Towoju     Bashiru Makama     Abubakar Olusola Saraki     Aliyu Adebayo     Ibrahim Kayode Adeyemi     Convocation Ceremonies     Busari Alabi Alausa     Kale Belgore     Idris Amosa Oladipo Saidu     Oro Grammar School Old Students Association     General Tunde Idiagbon International Airport Ilorin     JAAC     Madawaki Of Ilorin     Orisun Igbomina     Ganiyu Taofiq     Ayoade Akinnibosun     Amos Justus Sayo     General Hospital, Offa     Galadiman Ngeri     Gambari     Sabi     Basit Olatunji     Tafidan Kaiama     Yahaya Seriki     Nagode     Sa\'adu Salahu     Abubakar Atiku     Olaoye B. Felix     Oladimeji Thompson     Ahmed Shuaib Buranga     Oba-Solagberu     GAMA     Yemi Sanni     Kayode Oyin-Zubair     Leke Ogungbe     Rapheal Ashaolu     Iqra Books     Ahmad Olayiwola Kamaldeen     Abdullahi Samari     Quarry Royal Valley     Omar Bolaji Gambari     Oluwarotimi Boluwatife Adenike     Adewuyi Funmilayo     Nigerian Supreme Council For Islamic Affairs     Adisa Logun     Sai Kayi     Simon Sayomi     Florence Saraki     ASMAU PLAZA     KWTV