The Senate got it wrong by referencing a wrong section of the constitution to remove the Code of Conduct Tribunal (CCT) chairperson despite spending over four hours in a closed-door session.
The senate has corrected its mistake regarding the removal from office of the chairman of the Code of Conduct Tribunal for alleged misconduct.
This error was highlighted following a motion raised by leader of the senate, Opeyemi Bamidele (APC, Ekiti Central) during Tuesday’s plenary.
The motion aimed to address the error and correct the procedural lapse. It comes on the heels of last Wednesday’s plenary, where 84 senators overwhelmingly voted in favor of recommending the removal of Umar Danladi as chairman of the tribunal, based on Bamidele’s motion.
To underscore the importance attached to the motion regarding the CCT chairman case, the Senate held a closed-door session for over four hours before taking its decision, yet it confused the CCT with the Code of Conduct Bureau (CCB).
Where the senate got it wrong was that despite having spent over four hours in a closed-door session, they ended up referencing a wrong section that applies to the Code of Conduct Bureau (CCB) chairperson and not the Code of Conduct Tribunal (CCT) chairperson.
Notably, the senate’s leadership is dominated by legal professionals, including Bamidele and Chiefy Whip, Tahir Monguno. However, this legal expertise failed to prevent the misstep. The senate had cited Section 157(1) of the 1999 Constitution (as amended) as the basis for Danladi’s removal. This section provides guidelines for removing heads of certain federal executive bodies but does not include the CCT among its listed entities. Despite spending over four hours in a closed-door session, none of the 84 senators who voted in support of the motion knew they were progressing in error.
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Section 157(1) of the Constitution which they had referred to reads: “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 praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause), or for misconduct.”
Section 157(2) say the specific federal executive bodies to which the process applies. They include the CCB, the Federal Civil Service Commission, the Independent National Electoral Commission (INEC), the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission, and the Police Service Commission.
This section does not include the CCT in the list.
However, in his presentation on Tuesday, Bamidele said: “Senate affirms that it stands by its resolution to remove the Chairman of the Code of Conduct Tribunal on the grounds of misconduct, as debated and resolved under Resolution S-RES-2-36-24, dated Wednesday, 20th November 2024.
The Senate thereafter resolved to invoke the appropriate constitutional provisions under Paragraph 17, Subsection 3 of Part 1 of the Fifth Schedule and Section 22, Subsection 3 of the Code of Conduct Bureau and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, 2004.
It resolved to correct the miscitation of Section 157.1 of the Constitution and replaced it with the correct provision, Paragraph 17.3, Part 1 of the Fifth Schedule. “It does not in any way invalidate Resolution S-RES-2-36-24, dated Wednesday, 20th November, 2024,” he said.
The senate further resolved to seek the concurrence of the House of Representatives to the resolution in accordance with Paragraph 17.3 of Part 1 of the Fifth Schedule and Section 22.3 of the Code of Conduct Bureau and Tribunal Act.
It also urged the general public to disregard any misinformation or confusion regarding the initial error in the resolution, S-RES-2-36-24. The Senate remains committed to transparency and constitutional adherence.
In his remarks, the President of the Senate, Godswill Akpabio thanked senators for their diligence in resolving the matter and emphasized the importance of adhering to constitutional processes.
A controversial tribunal chairman
Umar Danladi’s tenure as CCT chairman has been fraught with controversy. Appointed as acting chairman in 2011 at just 36 years old, he became the substantive head the same year and has a constitutionally guaranteed tenure until the age of 70. Despite this, in July 2023, President Bola Tinubu announced the appointment of Mainasara Kogo as Danladi’s replacement, raising questions about the legality of the move, as Danladi had not yet reached the mandatory retirement age.
Danladi has also been embroiled in public scandals. In 2021, he physically assaulted a security guard, Clement Sargwak, at Banex Plaza in Abuja. The incident, captured on video, sparked widespread outrage and led to a petition against Danladi in the Senate. However, Danladi challenged the Senate’s authority to investigate the matter.
