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.

Shaaba Lafiagi     Muslim Media Watch Group Of Nigeria     Dar-Al-Handasah Consultants Ltd     Ajayi Okasanmi     Risikat Lawal     Florence Saraki     Na\'Allah     Doyin Group     Durosinlohun Kawu     Ibrahim Jawondo     Association Of Kwara State Online Media Practitioners     Lukman Adeloyin     Rachael Obisesan     Saka Keji     Mahmud Ayinla Giwa     Yahaya A Paniyaro     Mumini Ishola Hanafi     Simeon Ajibola     Bamidele Aluko     Ado Bayero     Yusuf Amuda Gobir     Sa\'adu Gambari     Muhammad Ghali Alaaya     Mohammed Katsina Ahmed     Tsaragi-Share     Salihu Alhaji Musa     Zubair Folorunsho Erubu     Lai Mohammed     Mahmud Babatunde Baker     Salihu Yahaya     Bola Shagaya     Kwara Hotel     Bio Ibrahim     Computer Based Test     Muhammed Abdullahi     Veterinary Teaching Hospital     Wahab Egbewole     Rashidi Yekini     Ibikunle Ogunleye     Yusuf Zulu-Gambari     Erubu Oba Zubair     Arca Santa     Yashikira     Mamatu Abdullahi     Oke-Ero     Quareeb Islamic Association     Ike Ekweremadu     Aisha Ahman-Pategi     Principal Private Secretary     Jaiz Bank     Jamila Bio Ibrahim     Alagbado     Kwara Restoration Project     Is\'haq Modibbo Kawu     Afolayan     Ibrahim Sulu Gambari     AGF Abdulrazaq     Rafiu Ibrahim     Olayinka Oladapo Jogunola     Ajasse-Ipo     Abdulkarim Adisa     Owo Arugbo     AGM Professional Services     Olusin Of Ijara Isin     Senate     Ilesha-Gwanara     Yusuf AbdulRasheed     Salihu Ajibola Ajia     Wahab Kunle Shittu     Ilorin Innovation Hub     Geri-Alimi Split Diamond Interchange     Shuaib Olarongbe     Awwal Jawondo     Suleiman Yahya Alapansapa     Otoge     Yaru     Aliyu Sabi    

Cloud Tag: What's trending

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

AIT Ilorin     Oloyede     Adebayo Salami     Nigeria Foundation For Artificial Intelligence     Emmanuel Olatunji Adesoye     Oko-Olowo     Femi Agbaje     Mohammed Katsina Ahmed     Olokoba Abdullahi Ayinla     Ibrahim Abduquadri Abikan     Lawyers Unite Against Corruption     Jimoh Lambe Abdulkareem     Binta Abubakar Mora     IEDPU     Ibrahim Issa Jetti     Baba-Isale     Abraham Ojo     Computer Based Test     Senior Ibrahim Suleiman     Umar Sanda Yusuf     Rex Olawoye     Sobi Specialist Hospital     Federal Polytechnic Offa     National Information Technology Development Agency     Moshood Bakare     Onilupeju Of Ilupeju     Salihu Jibril Garbi     Azeez Salawu     Saliu Alamoyo     Bola Magaji     Ita-Ore     Kwara State Government     EFCC     Ilorin Airport     Ayodele Kuburat Olaosebikan     Shonga Farm Project     Oniwa     Sun Qing Rong     Gbenga Olawepo     Rotimi Samuel Olujide     National Party Of Nigeria     QuickWin     Emir Of Shonga     Nigerian Supreme Council For Islamic Affairs     Kwara State Health Insurance Agency     Olatunji Bamgbola     Galadima     Fola Consultant     Hajj     Royal FM     PAACO-PCL Consortium     Kwara State Fire Service     Sadiq Umar     Olusin Of Ijara Isin     Hassan Oyeleke     Mike Omotosho     Saliu Oluwole     Olabimpe Olani     Ghali Alaaya     Jaigbade Alao     Dan Iya     Gaa Olobi     Samuel Adaramola     Amos Justus Sayo     Afusat Nike Ibrahim     Oladimeji Thompson     Yakubu Shaaba     Adebara     Ibrahim Mashood     Old Oyo     College Of Education     Segun Adeniyi     Abdullahi Adisa Akodudu     Fareedah Dankaka     Lukman Oyebanji Fagbemi     Inside Kwara     Abdulmumini AbdulRazaq