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.

Ileloke     Jamila Bio Ibrahim     Olatinwo     Kaiama     Curfew     KWASAA     Akande Idowu Ayoola Muhammed     Ibrahim Abdulqadir Abikan     Olaiya Victor Mobolaji     Jani Ibrahim     Hajj     Kwara Central     Jimba Babatunde     Yusuf AbdulRasheed     Olatomiwa Williams     Adedipe     Gbenga Olawepo     Ifelodun     Aliyu Adebayo     Rasaq Jimoh     Ekiti     Arik     Ilorin Likeminds Foundation     George Funsho Adebayo     Isiaka Yusuf     Toyin Falola     Fawenu     Ahmed Ayinla Jimoh     Alagbado     Folorunsho Alao     Akanji     Kunle Suleiman     Yusuf Amuda Aluko     Abdulrahman Abdulrazak     IHS     Ilorin Central Mosque     Damilola Yusuf Adelodun     Wahab Agbaje     ASMAU PLAZA     Bashir Badawi     Kwara State Television     John Olajide Adedipe     Mutawali     Yaman     Naira Redesign     Isau     Buhari     Abdulazeez Uthman     Yemi Osinbajo     Bayo Ajia     Joseph Alex Offorjama     Garba Ayodele Wahab     Mustapha AbdulGaniyu     Okiki     Towobola Abdulrahman Toyin     Mamman Saba Jibril     Abdulmajeed Abdullahi     Babatunde Idiagbon     Egbewole     Abdulganiyu Oladosu     Adesina Simon Sodiya     Abdulrazaq Adebayo     Olushola Saraki     Olokoba     Odo-Owa     Aiyedun     Pakata Patriots     Kwara State Coalition Of Business And Professional Associations     Ajibola Ademola Julius     Read With Me     COVID     Sherif Shagaya     Babaloja-General     Simeon Sayomi     Abdulrazaq Magaji     Yusuf A. Usman     Ahmed Shuaib Buranga    

Cloud Tag: What's trending

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

Segun Abifarin     Bahago     Air Peace     Isaac Gbenle     Women Radio     Ayobola Ipinlaiye     Abdulrahman Onikijipa     Abdulrazak Shehu Akorede     Tafida     Neo Mundo Ltd     Yakubu Mohammed Abdullahi     Umar Saro     Sardauna     Abdulwaheed Musa     Tsado Manman     Muslim Cementary     Kwara Central     Amina El-Imam     Oluronke Adeyemi     HYPPADEC     Abdulrazaq Adebayo     Chartered Institute Of Personnel Management Of Nigeria     Oya State     Ubandoma     Ileloke     BECE     Trader Moni     All Peoples Party     Quareeb Islamic Association     GRA     Niyi Ogundiran     Adeola Abraham     Dankaka     Ibrahim Issa Jetti     Mary Kemi Adeosun     Adegoke Bamidele     Senior Ibrahim Suleiman     Abdulmumini Jawondo     Abiodun Oyedepo     Tafida Of Kaiama     Abdulrauf Aliyu     Isiaq Khadeejah     Hamza Usman     Ibikunle Ogunleye     Gbenga Olawepo     Tsaragi-Share     Abdulrazaq Solihudeen     Junior Secondary School Certificate Examinations     Isiaka Oniwa     Code Of Conduct Bureau     General Tunde Idiagbon International Airport Ilorin     ENetSuD     Ola Falade     Folorunsho Alao     Jawondo     Azeez Salawu     Oluwarotimi Boluwatife Adenike     Ilorin Airport     Tunji Ajanaku     Moro     Habeeb Saidu     Senior Staff Union Of Colleges Of Education     AbdulRasaq Abdulmajeed Alaro     Yahaya Abdulkareem Babaita     Isiaka Saka Opobiyi     Yusuf Amuda Abubakar     Abdul Jimoh Mohammed     Ekiti     Idris Amosa Oladipo Saidu     Ramadan     Lanre Badmus     Shettima     Kannike     Oba Mogaji Abdulkadir     Abdulrazaq Aiyelabegan     Abdulraheem Olesin     Offa Metropolitan Club