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.

Amasa     Cassava Growers\' Association     Ayobami Seriki     Bisi Oyeleke     Jimba Babatunde     Academic Staff Union Of Universities     Kunbi Titiloye     Idi-Ape     Tafida Of Ilorin     Millennium Development Goals     Jide Oyinloye     Ibrahim Labaika     Dar-Al-Handasah Consultants     Coronavirus     Ayobola Ipinlaiye     Khadijat Ayoola Yusuf     Kwara South     Kwara Apc     Women Radio     Kwara State Polytechnic     Ganmo Electricity Sub-Station     Otuka     United Nigeria Congress Party     Alfa Modibbo Belgore     Babs Iwarere     Kisira     Hassan Saliu     Akume     Dauda Adesola     Yusuf Amuda Abubakar     Bukola Saraki     Sayomi     Nigeria Association Of Women Journalists     Abdulrahman Iliasu     Woro     Lanre Badmus     QuickWin     Oko-Erin     Olaitan Adefila     Neuropsychiatric Hospital     Oba Abdulkadir La\'aro     Funke Adedoyin     Kwara Pdp     Yahaya Seriki Gambari     Gobirawa     Share/Tsaragi     Rueben Parejo     Wole Oke     Samuel Adedoyin     Razaq Atunwa     Ramadhan     Sulu Gambari     Ganmo     Mumeen Lah     Kwara 2019     Saidu Yaro Musa     Alfa Belgore     Senate     Gobir Organization Foundation     Yahaya Muhammad     Rebecca Olanrewaju     Abdulfatai Ahmed     Ilesha-Gwanara     Mohammed Kamaludeen     Dele Momodu     Lanre Issa-Onilu     Lateef Ademola Olatunji     Sheikh Ridhwanullah El-ilory     Issa Memunat Moyosore     Ashiru     Baba Adini Of Kwara State     Bashirat Bola Bello     Baakini     Bolakale Ayo     REO CAKES     Mashood Dauda     Ayobami Akanbi    

Cloud Tag: What's trending

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

Medinat Folorunsho Salman     Hassanat Bello     Yahaya Muhammad     Musa Abdullahi     Issa Baba     Okin Group     Raimi Iyanda     Kamaldeen Kehinde     Folorunsho Erubu     Ishak Mohammed Sabi     Ayodele Olaosebikan     Lasiele Alabi Yahaya     Aro Yahaya     Bilikisu Gambari     Ahmed \'Lateef     Innocent Okoye     Timothy Akangbe     Egbejila     Muideen Olaniyi Alalade     Bahago     Sardauna Of Ilorin     Abdulrasheed Lafia     Olabode George Towoju     Aisha Ahman-Pategi     Tafida Of Kaiama     Fatima Abolore Jimoh     Femi Gbajabiamila     Yoonus Kola Olatinwo     CT Ayeni     Ibrahim Mashood     Ramadan     Tricycle Owners Association Of Nigeria     Quareeb     Mumini Ishola Hanafi     Sheu Ndanusa Usman     Abdullahi Imam Abdullahi     Hamza Usman     Muhammed Mahe Abdulkadir     National Broadcasting Commission     Marafan Shonga     Bursary     Nigerian Medical Association     Tunji Oyawoye     Tosho Yaqub     Sobi FM     Saka Onimago     Pacify Labs     National Democratic Congress     IsDB     Zulu Gambari     Sulu Babaita Isiaka     CELF     Kamaldeen Gambari     NITDA     Abdulrahman Abdulrasak     Abdullahi Dasilva Yussuf     Kwara United     Sidikat Akaje     Albert Ogunsola     Abubakar Baba Sulaiman     Mohammed Haruna     Bamidele Aluko     Lotus Bank     Elerinjare     Maimunat Oloriegbe     Tunde Idiagbon Road     Damilola Yusuf     Yakub Lai Gobir     Kwara State Health Insurance Agency     Kwara Pdp     Abdulkareem Alabi     Joseph Alex Offorjama     Oba Abdulrahim     Tayo Alao     KWASAA     Tunde Oyawoye     Funmilayo Zubair