CCT Chairman Removal: Bauchi LAWBA To Prosecute Nigerian Senators 

By; Mohammed Kawu, Bauchi

Lawyers for the Cause of Bauchi (LAWBA) have threatened to take legal action against the Nigerian Senate for what they described as purported removal of Code of Conduct Tribunal (CCT) Chairman, Justice Danladi Umar.

They argued that the removal of the CCT chairman by the nation’s upper legislative chamber is illegal, unconstitutional and undemocratic, saying the removal was not done in the manner contemplated by the Nigerian Constitution, and therefore void ab initio.

LAWBA in a press conference in Bauchi Monday said, “We have next line of action and we are going to the court, we have in fact started preparing our processes and all the arrangements to see that we take legal action against this matter.

In the press conference led by LAWBA Public & Media Relations Officer, Nasiru H. Bala Esq, the association said that it’s on the matter is clearly based on constitutional provisions, whereas “The Constitution is supreme and is above any other law, that’s why we took time to cite the provisions of the constitution”.

Barrister Nasiru Bala submitted, “So we believe that there is no any other law in Nigeria that is above the constitution. So we maintain our position based on the constitutional provisions we have cited”, saying as to whether he has to be removed before he can be tried, is a misleading statement.

“Although the judges do have what we call immunity clause, but unlike the Governors, the President, vice president and deputy governor, their own immunity is when they are in Court, they do not enjoy immunity clause, so they can be investigated defending on the nature of the allegation”.

Bala enumerated various provisions of the Nigerian Constitution to buttress the association’s stand against the removal of the tribunal chairman, including Section 17 (3) of the 5th Schedule to the Constitution.

“The above section states that that the removal or appointment of either the Chairman or member of the Code of Conduct Tribunal is a function or responsibility vested in the President in discharging which the two-third majority of both the Senate and the House of Representatives is of necessity required”.

According to the association, until there is a concurrence by both Houses of the National Assembly on the matter, the Chairman of the Tribunal remain in office as his purported removal was not done in the manner contemplated by the Constitution and therefore void ab initio.

“Another reason for faulting the decision of the Distinguished Senate on this matter is that it is clear from the wordings of Section 157 (1&2) that same does not apply to the Code of Conduct Tribunal. This is so because it is a well-established principle of law that the express mention of one thing in a statute excludes all other things not therein mentioned”.

“The version of this position in latin maxim is expressio unius est exclusio alterius. That is to say in mentioning the list of offices that the Senate can exercise its powers under Section 157 (1), the Constitution in 157 (2) did not include the Code of Conduct Tribunal”.

“Putting it simply, therefore, it is clear that in passing the resolution for the removal of the CCT Chairman, the Senate acted in breach of the Constitution by purporting to base its decision on section 157 (1) which is inapplicable in the circumstances”.

Barrister Nasiru Bala explained that on the allegation of cross misconduct against the tribunal chairman, “By law perspectives, there is no any other court that found him wanting or guilty of what is alleged against him as to the issue of gross misconduct”.

“CCT Chairman has never been indicted by any other constituted authority to that effect. And whatever it is, we are guided by the provision of the Nigerian Constitution. Our position is that the laid down procedures in removing the chairman has not been followed”.

Another reason for faulting the decision of the Distinguished Senate on this matter is that it is clear from the wordings of Section 157 (1&2) that same does not apply to the Code of Conduct Tribunal. This is so because it is a well-established principle of law that the express mention of one thing in a statute excludes all other things not therein mentioned”.

The version of this position in latin maxim is expressio unius est exclusio alterius. That is to say in mentioning the list of offices that the Senate can exercise its powers under Section 157 (1), the Constitution in 157 (2) did not include the Code of Conduct Tribunal.

The association expressed the hope that as a body that itself is a creation of law and one that is populated by many senior lawyers, the Senate and indeed the National Assembly would be guided accordingly, as same is expected of the Executive arm of government.

Bauchi lawyers reiterated , “We believe the office of the Honorable Attorney General of the Federation has a great role in ensuring that government and its actors observe, respect and adhere to the provisions of the law in the discharge of the functions of their offices.

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