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.

Inside Kwara     Amina Susa\'a De Ahmed     Kola Olota     Omoniyi Ayinla     Oro Grammar School Old Students Association     Muhammad Akande Olarewaju Odunade     Samuel Olusegun Adedayo     Kwara State Polytechnic     New Naira Notes     Ademola Kiyesola     Joseph Daudu     Apaola     ER-KANG Mining     Abdulrasheed Lafia     Salihu Yahaya     Ogidi-Oloje     Ibrahim Abdulkadir Abikan     Magaji Erubu     ASKOMP     Yusuf A. Usman     Edu     Police Commissioner     Public Holiday     Aliyu Muyideen     Makama     Kwara State Sports Commission     Osinbajo     Col. Taiwo     Bolaji Gambari     Ariyo     Oyun     Ilorin Emirate     Usman Yunusa     Yemi Sanni     Kwara South     Flights To Ilorin     Buari Edun     Sobi FM     Gurei     Wakilin Mata Lafiagi     Hussein Oloyede     KSIRS     Monsurat Omotosho     Mohammed Alabi Lawal     Owode Market     Abdulrazaq Adebayo     Abdulfatah Ahmed     Abdulrahman Abdullahi Kayode     Garba Ado Sanni     Segun Adeniyi     Olabode George Towoju     Yakub Lai Gobir     Memunat Monsuma     Kpotum Mohammed Baba     Kumbi Titilope     Special Agro-Industrial Hub     Ladi Hassan     Pategi     Balikis Jawondo     Mike Omotosho     Rotimi Atere     Monkey Pox     Salau Kabiru Abdullahi     Onilorin Of Ilorin     Amada Jidda     Alagbado     Mohammed Khadijat Kubura     Al-Hikmah University     Babatunde Ajeigbe     Ilorin East/South Federal Constituency     Ile Arugbo     Salman Jawondo     Iqra Books     Isiaka Gold     Shonga     Saka Aleshinloye     ASMAU PLAZA    

Cloud Tag: What's trending

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

Zulu Gambari     Moshood Kashimawo Abiola     Anilelerin     Omu Aran     Idowu Laro     Alabere     Hydro-electric Power Producing Areas Development Commission     Dar-Al-Handasah Consultants     Muhammadu Buhari     Akorede     Kwara State Branch Of The National Library     Suwa-Arabs     Dele Momodu     Awodun     Jamila Bio Ibrahim     UNILORIN Alumni     Esuwoye     Abdulkareem Alabi     Mary Kemi Adeosun     United Nigeria Congress Party     Stephen Fasakin     Lafia Aliyu Korasabi     Abdulrazaq Adebayo     Katibi Ibraheem Adeola     Tunde Kazeem     ITP     Mustapha Akanbi     Siddiq Adebayo Idowu Salawu     Tunji Moronfoye     Alagbado     Olajumoke Monsura Gafar     Abdullahi Imam Abdullahi     Waziri Yakubu Gobir     Saliu Ajibola Ajia     Flights To Ilorin     Oluwole Dupe     CUTI     Kazeem Adekanye     Naira Redesign     Oladimeji Thompson     Funmilayo Oniwa     Kayode Yusuf     Yakubu Shaaba     Sabi     UITH     Saheed Akinwumi     Shero     Joseph Yemi Ajayi     Bello John Olanrewaju     Umar Yakubu Jaja     Aliyu Adebayo     Kayode Oyin-Zubair     Sulyman Abdulkareem     National Party Of Nigeria     Abdulrahman Abdulrazak     Saka Adeyemo     Sam Onile     Al-Hikmah University     Ishola Balogun Fulani     Saka Saadu     John Dara     Lanre Jimoh     Face Masks     Sherif Sagaya     Maimunat Oniyangi     Mary Arinde     Saliu Ajia     National Broadcasting Commission     Afolayan     Amuda Musbau     Olaoye B. Felix     UNILORIN Alumni Association     Dan-Kazeem     Jimoh Saadudeen Muhammed     Arinola Lawal     Hamidu Olowo     Post-utme