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.

Congress For National Consensus     Agor Market     School Of Nursing     Musa Alhassan Buge     Yakubu Shaaba     Zara Umar     Abdulrazak Shehu Akorede     ER-KANG Mining     2017 Budget     Jaigbade Alao     Simeon Ajibola     Kwarareports.com     Guber Aspirant     General Hospital     Wahab Kunle Shittu     Bolakale Kawu Agaka     Wale Oladepo     Olaiya Victor Mobolaji     Kehinde Baale     Ojuekun Sarumi     Ademola Kiyesola     Offa Grammer School     Yusuf A. Usman     Saliu Shola Taofeek     Adedeji Onimago     Abdulfatai Baakini     Susan Modupe Oluwole     Quarry Royal Valley     Isiaka Rafiu Mope     Ayinde Oyepitan     AbdulQowiy Olododo     Ibrahim Kayode Adeyemi     Logun     Muhammad Ghali Alaaya     Kawu Baraje     Yekeen Alabi     Toyin Olayinka Tejidini     Kwara NIPR     Matthew Babaoye     Baba Issa     Aminu Ado Bayero     Abdulrazaq Magaji     Irepodun     Afolayan     Kwara Hotel     Kwara State Pension Board     Babajide Ajayi     Kazeem Adekanye     Obuh     Code Of Conduct Tribunal     Taofeek Sanusi     Laolu Saraki     Budo-Egba     Yahaya Muhammad     Press Release     Unilorin     Ahmad Uthman     Shuaibu Yaman Abdullahi     Doyin Awoyale     Abdulwahab Olarewaju Issa     Mufti Of Ilorin     Busari Alabi Alausa     Roheemat Hammed     Valsolar Consultoria     Ahmed     Muftau Akanbi Oke     Park     Onilorin Of Ilorin     Gbemi Saraki     Suleiman Ajadi     Bursary     Olusegun Adeniyi     Student Learning Support Helpline     Kwara 2023     Bashirat Bola Bello     Afolabi-Oshatimehin     Olokoba    

Cloud Tag: What's trending

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

CELF     Olateju Lukman     Amule     Kwara Metro Park     Olabode Towoju     Rotimi Samuel Olujide     Yusuf Babatunde Abdulwahab     Haashim Initiative For Community Advancement     Quareeb Islamic Association     Awwal Jawondo     Otoge     Olatunde Michaels     John Dara     Abdulfatai Salman Baakini     Mohammed Lawal Bagega     Kwara State Pension Board     IDPU     Gobir     Mutawali     A.O. Belgore     Abdulkarim Adisa     Igbomina     Alfa Modibbo Belgore     Bashir Adigun     Tunji Arosanyin     Lawan     Sulu Gambari     Pacify Labs     LEAH Charity Foundation     Okedare     Obasanjo     Oke-Ogun     Ayobola Ipinlaiye     Ilorin     Adesoye     Hameed Oladipupo Ali     Aliyu Kora Sabi     Kola Ologbondiyan     Abdulrazaq Solihudeen     Justina Oha     Harafat E. Mukadam     Emir Of Lafiagi     Abdulkadri Ahmad Alaiye     Alaaya     AGILE Programme     Tanke     Neo Mundo Ltd     General Hospital, Offa     Mohammed Jimoh Faworaja     Kwara Poly     Dan-Kazeem     Abdulrahman Abdulrasak     Ministry Of Women Affairs And Social Development     Gbadeyan Gbadura Yomi     Folashade Omoniyi     Bolakale Kawu     ER-KANG     Oluranti Idowu     Sunset Workers     Olayinka Jelili Yusuf     Sulyman Atolagbe Alege     Suleiman Rotimi Iliasu     Royal FM     Abdulrauf Aliyu     Tsaragi-Share     Abubakar Usman Jos     Mike Omotosho     Moses Salami     Idris Garuba     Oloyede     Adamu Ibrahim Sabi     Ballah     Moshood Bakare     Fatimat Saliu     Afolabi-Oshatimehin Adenike Harriet     Nurudeen Muhammed     Ahmed Alhasssan