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.

Hydro-electric Power Producing Areas Development Commission     Abubakar Abdullahi Bata     Jumoke F. Ajao     KFA     Oke-Ogun     SSUCOEN     Playing Host     Olomu     Labour Party     Agboola Babatunde     Abatemi Usman     Kayode Issa     Lanre Issa Onilu     KWTV     Damilola Yusuf Adelodun     AbdulFatai Adeniyi Dan-Kazeem     Senate President     Diagnostic Centre     Yahaya Muhammad     Haleeman Salman     Oloriegbe     Haliru Yahaya     Yetunde Balogun     Mansur Alfanla     Computer Based Test     SAPZ Project     Gafaru Olayiwola Olorisade     Ilorin Curfew     Henry Makinwa     Harrison Osauwagboe     Local Government Pension Board     Ayo Opadokun     Sabi     Raymond Olaitan     Adebayo Salami     Mumini Ishola Hanafi     Abdul-Rasheed Na\'Allah     Islamic Development Bank     Kulende-UITH     Kolawole Akande     Senior Ibrahim Suleiman     Usman Rifun     MalHub     Baaziki Sulaiman     Sidikat Uthman Ajibola     Ibrahim Abdulkadir Abikan     Aminu Ado Bayero     Kwara United     Wasiu Onidugbe     International Public Sector Accounting Standards     Economic And Financial Crimes Commission     Laolu Saraki     Gbemisola Saraki     Gobirawa     John Kehinde Salako     Bureau Of Lands     Millennium Development Goals     Mahfouz Adedimeji     Ojo Isekuse     Shehu Adaramaja     Sunday Otokiti     Code Of Conduct Tribunal     Saka Saadu     Hassan Oyeleke     Idris Amosa Oladipo Saidu     Standard Organization Of Nigeria     Abdulrahman Iliasu     Ibrahim Abdulqadir Abikan     AbdulRazaq AbduMajeed Alaro     Ajia-Bako     Kehinde Boyede     CCT     Chief Of Staff     Yakubu Dogara     Mashood Abdulrafiu Agboola     Ahmed Mohammed Rifun     Sheriff Olanrewaju    

Cloud Tag: What's trending

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

Tunde Akanbi     Khairat Gwadabe     Rice Farmers Association Of Nigeria     Suleiman Rotimi Iliasu     Dogara     Kwara State Governor     Oba Abdulkadir La\'aro     Ella Supreme Tissue Paper     David Adesina     Olufolake Abdulrazaq     Olatomiwa Williams     Share-Tsaragi     Amos Justus Sayo     Wakilin Mata Lafiagi     Alumni Association Of The Federal Polytechnic Offa     Ahmed \'Lateef     Ahmed Dankaya     Ayo Adeyemi     Olusegun Adeniyi     Nnazua     Olaiya Victor Mobolaji     Yoonus Kola Olatinwo     Innocent Okoye     Oko Erin     Eruku     Yusuf Lanre Badmas     Hydro-electric Power Producing Areas Development Commission     Olosi Of Osi     Usman Rifun     Centre For Digital Economy     Umar Ayinla Saro     CKNG     Elerin Of Adanla     Tunji Folami     Sheu Ndanusa Usman     Daud Adeshola     Mahe Abdulkadir     Al-Hikmah Radio     Hassanat Bello     Afonja     Yahaya Seriki     Adesoye     Saheed Akinwumi     Ojuekun Sarumi     Baba Idris     Mamman Saba Jibril     Rueben Parejo     Senior Special Assistant On Student Affairs     Toyin Olayinka Tejidini     Samari     Saliu Oluwole     AbdulRasaq Abdulmajeed Alaro     Abdulrauf Aliyu     Afusat Nike Ibrahim     Oba Abdulrahim     Countryside Emerging Leaders Fellowship     Ilorin Emirate Staff Association     Abdulhakeem Amao     Henry Olaosebikan     Wasiu Onidugbe     KWASEIC     Kayode Ogunlowo     AbdulHakeem Ajibola Akanbi     Mope Dasuki Belgore     Solomon Edojah     Abdulmumini AbdulRazaq     Oniwasi Agbaye     Suleiman Mora Omar     Olajumoke Monsura Gafar     Sanusi Abubakar     Dan Iya Of Ilorin     Muhammed Danjuma     Yusuf Amuda Aluko     Galadiman Ngeri     Mohammed Ghali Alaaya     Age AbdulKareem     Law School Scholarship