Fact Check: How Senators Misinterpreted the Constitution in Their Attempt to Remove the CCT Chairman

Recently, the Nigerian Senate, under the leadership of Senator Godwill Akpabio, passed a resolution purporting to rely on Section 157(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to authorize President Bola Tinubu to dismiss the Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar. This resolution followed the adoption of a motion titled “Invocation of the provision of Section 157(1) of the Constitution of the Federal Republic of Nigeria 1999, as amended, for the removal of the Chairman of the Code of Conduct Tribunal,” sponsored by Senator Bamidele Opeyemi (APC-Ekiti), the Senate Leader as reported in Thisday

Senator Opeyemi claimed that the Senate had received numerous allegations of corruption and misconduct against the Chairman, leading the 9th Senate, through the Senate Committee on Ethics, Code of Conduct, and Public Petitions, to invite him to address these allegations.

“The Senate is aware of the overwhelming allegations against the Chairman. Mr. President, Senator Bola Ahmed Tinubu, GCFR, has forwarded Mr. Abdullahi Usman Bello’s name to the Senate for confirmation as the new Chairman of the Tribunal. The Senate plenary on Thursday, July 4, 2024, confirmed Bello’s appointment, thus necessitating the erstwhile Chairman to vacate the office for the new Chairman to assume duties officially,” Senator Bamidele concluded.

The Chief Whip of the Senate, Mohammed Tahir Monguno, explained that the resolution was backed by 72 Senators who registered their support at plenary and ten others engaged in committee meetings, making 82 Senators. The Senate is comprised of 109 members, so a two-thirds majority of 72 votes is required for such actions.

The resolution indicates that an address supported by a two-thirds majority of the Senate would be sent to the President for the official removal of Mr. Danladi Umar, allowing Mr. Abdullahi Usman Bello to take up the position of substantive Chairman of the Tribunal.

Justice Umar has presided over several high-profile cases involving national assembly leadership, governors, top judicial officers, and other public officials. They included the then-opposition leader, Asiwaju Bola Ahmed Tinubu, former Senate President Bukola Saraki and Chief Justice of the Federation, Walter Onnoghen as reported by YAShuaib

Verification

Misrepresentation of the Law
PRNigeria reviewed Section 157(1) of the Constitution to assess the constitutional basis cited by the Senate. This section pertains specifically to the Code of Conduct Bureau (CCB) and not the Code of Conduct Tribunal (CCT), which are distinct entities.

Section 157(1) states: “Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by a two-thirds majority of the Senate…”

Subsection (2) further clarifies that this applies to specific positions, including those in the “Code of Conduct Bureau, Federal Civil Service Commission, Independent National Electoral Commission, and other executive bodies,” explicitly omitting the CCT, which operates within the judicial branch of government.

Instead of Section 157, the removal of the Chairman or members of the CCT is governed by Paragraph 17(3) of the 5th Schedule to the 1999 Constitution as amended. This provision states: “A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by a two-thirds majority of each House of the National Assembly praying that he be so removed…. for contravention of this Code.”

Thus, the President can only remove such officials based on an address supported by a two-thirds majority from both Houses of the National Assembly (Senate and House of Representatives).

Legislative Ignorance on Appointment
The Senators also misrepresented Mr. Abdullahi Usman Bello’s appointment. Mr. Bello was appointed as Chairman of the CCB based on his qualifications as a forensic accountant and was cleared for that role by the Senate.