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.

Ilorin Central Mosque     Air Peace     Voices Of Tomorrow     Shuaibu Yaman     Afonja Descendants Union     Yahaya Seriki Gambari     Sa\'ad Alanamu     Wahab Abayawo     NAWOJ     Baaziki Sulaiman     COVID-19 Palliatives     Taofeek Ibraheem     Orisa Bridge     Kunle Okeowo     Funmilayo Zubair     Eleyele     IFK     Kolawole Bashirat     Idris Garuba     Iyabo Adisa Ibiyeye     Eleja     Elelu     Moronfoye     Playing Host     April 11     Unilorin     Kawu     Asa     Abubakar Imam     Olumide Daniel Ibitoye     Peter Amogbonjaye     Alaaya     Lateef Alagbonsi     Galadiman Ngeri     Isiaka Gold     Kwara State Internal Revenue Service     Yusuf Mubarak     Yemi Osinbajo     Oba Mogaji Abdulkadir     Minimum Wage     Hausa     Balogin Alanamu     KSIRS     Jimba Babatunde     Abdulrahman Onikijipa     Sunday Otokiti     Mohammed Ajia Ibrahim     PPS     Bashir Omolaja Bolarinwa     Muhammad Toyin Sanusi     Siraj Oyewale     Sheriff Olanrewaju     Bolaji Abdullahi     Toyin Olayinka Tejidini     Ike Ekweremadu     Lateef Fagbemi     Ado Ibrahim     Ahmed Alhasssan     Hamid Bobboyi     Bashirat Bola Bello     Belgore     Tafida Of Ilorin     Oluranti Idowu     Mutawalle     NaAllah     Osuwa     Irepodun     Nnazua     Sheu Ndanusa Usman     Adisa Logun     KWAFFA     Bolaji Aladie     Ayinde Oyepitan     Saad Omo Iya     Aliyu Salihu     Moses Rahman Popoola     IHS Towers    

Cloud Tag: What's trending

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

Ilorin Metro Park     Sadiq Umar     Kale Bayero     Ibraheem Abdullateef     Abubakar Atiku     Sulyman Atolagbe Alege     GANZY     Wole Oke     Alfa Modibbo Belgore     Abdulwahab Oba     Ilorin Central Mosque     Dele Momodu     Abraysports FC     Susan Modupe Oluwole     Ayedun     Eghe Igbinehin     Gaa Olobi     Agboola Abdulraheem     Balikis Jawondo     Ilorin South     Demola Banu     Omar Bolaji Gambari     Yekini Adio     Frootify     Amule     Al-Hikmah Radio     Sabitiyu Grillo     Yusuf Olaolu Ali     Mustapha Olanipekun     Lithium Deposit     Pacify Labs     Sheu Ndanusa Usman     Kolawole Bashirat     Mogaji Aare     Oyedepo     Mansurat Amuda-Kannike     Sidikat Akaje     Yinka Aluko     Aminu Adisa Logun     Oja-Oba     Issa Manzuma     Ayo Adeyemi     Niyi Osundare     KWSIEC     Bamidele Aluko     Metro Park     Umar Saro     Baba-Isale     Oye Tinuoye     Code Of Conduct     Moses Adekanye     Albert Ogunsola     Royal FM     Prince Mahe Abdulkadir     Kwara Pdp     Yunus Lawal     Budo-Egba     BECE     Adesoye College     Amasa     Government High School Adeta     Unilorin FM     Mamatu Abdullahi     Idowu Aremu     Aliyu U. Tilde     Salihu Jibril Garbi     Abdullahi Saadudeen Alikinla     Yusuf Babatunde Abdulwahab     Medinat Folorunsho Salman     Okiki     Bello John Olanrewaju     Saad Belgore     CKNG     Aisha Ahman Pategi     Abdulbaqi Jimoh     Bayo Mohammed Onimode     Lanre Olosunde