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By Yushau A. Shuaib
Weblink: https://yashuaib.com/2024/08/danladi-tinubu-cct-chairman/
The latest makes an attempt to forcibly take away the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Yakubu Umar, are profoundly troubling and lift severe considerations in regards to the independence of our key democratic establishments.
In response to a extremely positioned supply, there’s an obvious plot to pressure Justice Umar to resign or invade his official residence to put in a successor. This could be a blatant violation of the constitutional provisions governing the appointment and removing of the CCT Chairman.
One could simply nurse the worry that the raiding of official residences of some judges through the administration of President Muhammadu Buhari could possibly be replayed underneath the President Bola Tinubu authorities.
It might be recalled that in October 2016, Nigeria’s judiciary was plunged into disaster as operatives of the Division of State Safety Providers (DSS) raided the houses of senior judges in Abuja, Port Harcourt, and Gombe, intimidating them and their households.
No less than two focused judges had beforehand dominated in opposition to the DSS, condemning its disobedience to court docket orders and lawless actions. The scenario drew comparisons to the navy period and widespread outrage, with the Nigerian Bar Affiliation (NBA) declaring a state of emergency and calling for the discharge of detained judges.
These behind the try and take away Umar by hook or criminal ought to realise that the 1999 Structure (as amended) stipulates that the CCT Chairman and Members are appointed by the President upon the advice of the Nationwide Judicial Council (NJC), which should have acquired recommendation from the Federal Judicial Service Fee (FJSC). The latest announcement of Dr. Mainasara Umar Kogo by a Presidential Spokesperson, Ajuri Ngelale, as the brand new CCT Chairman didn’t observe this due course of.
Moreover, the Structure states that the President can solely take away the CCT Chairman and Members upon an handle supported by a two-thirds majority of every Home of the Nationwide Meeting (Senate and Home of Representatives) and solely on the grounds of incapability to discharge capabilities. The incumbent Chairman, Justice Umar, is in his 50s and doesn’t meet the age requirement for necessary retirement.
Famend authorized specialists, resembling Professor Mamman Lawan Yusufari, a Senior Advocate of Nigeria (SAN), have strongly criticised the federal government’s actions as a transparent breach of the Structure. Yusufari, a former Dean of College Regulation at Bayero College Kano (BUK), emphasised that the legislature should approve the removing of the CCT Chairman, citing acceptable constitutional grounds resembling incapability to carry out capabilities or misconduct.
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Justice Umar has a popularity for being a brave and neutral jurist. He has presided over a number of high-profile circumstances involving nationwide meeting management, governors, prime judicial officers, and different public officers. Notably, he discharged and acquitted the then-opposition chief, Asiwaju Bola Ahmed Tinubu, of false declaration of property and operation of international accounts in 2012 after listening to either side of attorneys’ arguments and regardless of dealing with exterior strain to convict him.
It was suspected that Tinubu’s prosecution on the tribunal was a bid to dam his presidential ambition as a result of Part 137(1)(e) of the Structure states that “An individual shall not be certified for election to the workplace of President if, inside a interval of lower than ten years earlier than the date of the election, he has been convicted and sentenced for an offence involving dishonesty or has been discovered responsible of contravening the Code of Conduct.”
After the acquittal, Umar publicly admitted that he confronted exterior strain to convict the previous Lagos State Governor through the trial. He stated: “I used to be underneath immense affect to convict Tinubu, however I defied the strain and upheld justice. I swear by the Almighty Allah to do justice. Exterior forces didn’t sway us, and our judgment was based mostly on the regulation.”
Moreover, the Financial and Monetary Crimes Fee (EFCC) cleared Umar of corruption allegations in separate letters dated March 5, 2015, and April 20, 2016. The then Chairman Ibrahim Lamorde signed the primary letter through the Jonathan administration, whereas the then Secretary, Emmanuel Adegboyega, signed the second letter through the Buhari administration when Ibrahim Magu was the performing Chairman.
Resorting to underhanded ways to forcibly sack Justice Umar wouldn’t solely be undemocratic, however it may additionally set a harmful precedent that would undermine the independence of our key establishments. Until there’s compelling proof of significant wrongdoing, following established guidelines or permitting the CCT chair to serve his time period is the correct motion.
President Tinubu should resist the strain from any cabal and uphold the rule of regulation. The citizenry need to trust in our establishments’ integrity, which may solely be achieved by means of a steadfast dedication to due course of and the Structure. The President and the Legal professional Basic, Lateef Fagbemi, ought to be certain that Justice Umar will not be compelled out by means of undemocratic means.
The Secretary to the Authorities, George Akume, and the President’s Chief of Employees, Femi Gbajabiamila, should be certain that all appointments are completely scrutinised and observe due course of earlier than bulletins. That is essential to forestall appointments that will breach the structure or violate the regulation, thereby upholding the rules of transparency, accountability, and good governance.
The newly sworn-in Performing Chief Justice of the Federation, Justice Kudirat Kekere-Ekun, hailing from Lagos, bears a big duty to safeguard the independence of the CCT and uphold the integrity of the judiciary as a complete.
It’s crucial that she prioritizes the safety of those establishments in any respect prices, making certain that they continue to be free from undue affect and function in accordance with the rules of justice, equity, and the rule of regulation. Any compromise on this entrance could be a profound disservice to the Nigerian folks and a betrayal of our democratic beliefs, undermining the very foundationsofournation.
Yushau A. Shuaib is the writer of PRNigeria_ Weblog: www.YAShuaib.com Electronic mail: [email protected]
