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.