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.

Bursary     Kolade Solagberu     Yahaya Abdulkareem Babaita     Awili Pedro     Abdulraheem Yusuf     Ayodele Olaosebikan     Earlyon Technologies     Ope Saraki     Maryam A. Garuba     Yusuf Badmus     KW-GIS     Local Government Pension Board     Gbajabiamila     Special Agro-Industrial Hub     3MTT     Isaac Aderemi Kolawole     Ibrahim Gambari     Aliyu Salihu     V.O. Abioye     Bello Oyedepo     Bayer Nigeria Limited     Revenue Court     AGM Professional Services     IESA     Nnazua     Timothy Akangbe     Buari Edun     Razak Atunwa     2023 Elections     Madawaki     Ubandoma     Bello Taoheed Abubakar     Omupo     Mahmud Ajeigbe     Kwara State Sports Commission     Owo Arugbo     Sobi Specialist Hospital     Muhammad Mustapha Suleiman     RTEAN     Ahmed Bolaji Nagode     Jaigbade Alao     Ambassador Kayode Laro     Harafat E. Mukadam     Chief Of Staff     Ahmed     Suraj Tunji Oyewale     Olofa Of Offa     Amule     HICA     Lanwa     Ganiyu Taofiq     Yahaya Seriki     Afin Descendants Union Of Odo-Owa     Oke-Odo     Isiaka AbdulRazaq     United Nigeria Airline     Hakeem Idris     Oniwasi Agbaye     CBT     Ubandawaki     Sa\'ad Alanamu     Tsaragi/Share     Isiaka Oniwa     Egbewole     Salihu Yahaya     Kwara State Infrastructure Development Fund     Tunde Idiagbon Road     Goodluck Jonathan     Kwasu     CACOVID     Lateef Ademola Olatunji     Theophilus Oyebiyi     Taibat Ayinke Ahmed     Kwara     Balogun Gambari     Adedeji Onimago     Oba Abdulkadir La\'aro    

Cloud Tag: What's trending

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

CLAY POT     Ishaq Oloyede     Olatunji Ayeni     Jimoh Saadudeen Muhammed     Saliu Ajia     Kayode Oyin Zubair     Shuaibu Yaman Abdullahi     Ajidagba     Sunday Popo-Ola     Dasuki Belgore     Bola Iyabo Ibiyeye Adisa     Baba Idris     Oyelere Oyinloye     Charcoal     Emir Of Kano     Moro     Kwha.gov.ng     Bashir Adigun     March 18     Medview Airlines     Ope Saraki     Iyeru Grammar School     Pakata Development Association     Muideen Olaniyi Alalade     Sebastine Obasi     Afusat Nike Ibrahim     Kolade Solagberu     George Funsho Adebayo     Ifelodun     Kola Adesina     Lafia Aliyu Korasabi     Oke-Kura     Azeez Bello     Salihu Alhaji Musa     Elections     Adekunle David Dunmade     Shururat Olatinwo     Abdulkadri Ahmad Alaiye     Afolasade Opeyemi Kemi     Abdulganiyu Oladosu     Muslim Stakeholders Of Kwara State     Pilgrims Board     Alabi Lawal     IF-K     Erubu     Saba Mamman Daniel     Hussein Olokooba     Labaeka     Yoonus Kola Olatinwo     Kwabes     Kwara Hotel     Salake     Onilorin Of Ilorin     Daud Adeshola     Katibi Ibraheem Adeola     Elerin Of Adanla     Jamiu Oyawoye     Kwara State Health Insurance Agency     Ilorin West     Muhammad Toyin Sanusi     Afin Descendants Union Of Odo-Owa     Jaigbade Alao     Jumoke Monsura Gafar     SGBN     Hamid Bobboyi     Ridwan Agboola     Revenue Court     Timothy Olatunde Fadipe     Isiaka AbdulRazaq     Rasheed Jimoh     Kamaldeen Ajibade     Sidikat Alaya     Tunde Akanbi     Baba-Isale     Kwarareports.com     Suleiman Yahya Alapansapa     Ilorin International Airport