The Senate, yesterday, commenced fresh move towards amending the Acts establishing both the Code of Conduct Bureau and Code of Conduct Tribunal, with a bill to that effect passing through first reading.
The lawmakers, had in April this year, tried same but quickly dropped the idea following a public outcry.
The bill, which was then sponsored by Senator Peter Nwoaboshi (PDP Delta North), came in the heat of Senate President Bukola Saraki’s trial by the CCT, over a 16-count charge of false assets declaration, to which Saraki pleaded not guilty.
And the renewed effort at amending the Acts yesterday, coincided with Saraki’s failed bid to stop his trial at the tribunal.
And at yesterday’s plenary presided by Deputy Senate President Ike Ekweremadu, the bill was curiously sponsored by the Senate Leader, Senator Ali Ndume (APC Borno South) and given first reading along with four others.
It reads: “Code of Conduct Bureau and Tribunal Act Cap C15LFN 2004 (Amendment) Bill 2016 (He. 320) – First Reading.”
The amendment proposal, which was first introduced by Nwaoboshi, was seen as an attempt to whittle down powers of the tribunal in trying corrupt public officials.
Earlier at the time, Senator Nwaoboshi, who was not spared in the condemnation by his own constituents, the Anioma people of Delta State, extrapolated that “the Code of Conduct Bureau, as presently constituted under the office of the Secretary to the Government of the Federation (SGF), would never be fair in adjudicating criminal matters involving corrupt public officials, especially if the person is considered to be against the Executive.”
What was unexplained, however, was that the amendment proposal was intended on the two Acts – CCB and CCT.
The CCT deals with establishing the tribunal, its modus operandi and powers vested on judges.
While his colleagues were working on the process of amending the Acts, Senator Saraki was at the tribunal where he lost bid to stop the CCT chair, Mr. Danladi Yakubu Umar from continuing with the trial.
At the resumption of proceedings yesterday, leader of the prosecution team, Mr. Rotimi Jacobs (SAN), was said to be at the FCT High Court in Abuja, handling another matter.
Oluwaleke Atolagbe, who stood in for him, informed the tribunal that his principal would join the tribunal before the end of the day’s proceedings, but was not specific on time.
It was, however, a moment for the tribunal chair to make some clarifications on some of previous comments before the adjournment in June.
The clarification came following a prayer from Saraki, through his counsel, Paul Erokoro , SAN, asking the tribunal chairman to disqualify himself from further participation in the trial over allegation of bias.
Erokoro alleged that the CCT chairman had, on June 7, threatened Saraki that the delayed tactics employed by his lawyers, would not reduce the consequences he (Saraki) would face at the end of the trial.
Although he apologised for some comments believed to be against Saraki, he, however, insisted that it was not enough ground for him to disqualify himself.
Umar, in an emotional laden comment said, “as human beings, we are bound to make mistakes, it is only the almighty God that is infallible.”
Umar admitted that the comments were made in good faith and without prejudice to the Saraki and the trial.
He expressed surprise that since the alleged biased statement was made, nobody bothered to find out its veracity or otherwise.
“We will give account of our deeds on earth to God on the resurrection day, and we must therefore be fair and just in anything we are doing while on this earth,” he added.
The CCT boss further assured that the comment was not intended to prejudice the defendant, saying the trial will go on in spite of the criticism.
Umar said, as the chairman, he cannot afford to step down from the trial, because the 5th schedule of the 1999 constitution, conferred jurisdiction on assets declaration matters on the tribunal in all alone, and not in any other court.
He further pointed out that paragraph 51 of the constitution, which established the CCT makes provisions for the chairman and two other members, adding that, ” the moment the chairman rescues himself from proceedings, the tribunal will collapse because it must have a chairman.”
Moreover, he said, paragraph 4 of the schedule, also makes it clear that a person holding the office of the chairman cannot be removed from office until the person has reached the retirement age, noting that for the President of the country to remove the chairman, he must write the National Assembly and that the NASS can only take action on such request with two third majority.
Based on the above, Umar ruled that he was not stepping down from the trial, as according to him, the request was not contemplated by the constitution and that the absence of the chairman will naturally collapse the CCT.
He advised Saraki to go on appeal at the Court of Appeal if dissatisfied with his ruling, adding that “disqualifying myself will be tantamount to bringing the trial to an end.
Based on the above, the tribunal therefore adjourned till November 7 for continuation of the trial.
