The Nigerian Bar Association, NBA, has backed the Senate’s decision to remove Danladi Umar as the Chairman of the Code of Conduct Tribunal, CCT.
Recall that the Senate on Wednesday, November 20, removed Umar as the Chairman of the CCT, citing gross misconduct in office.
Reacting to the development, the NBA President, Afam Osigwe (SAN), said, “The Constitution says that the chairman of the Code of Conduct Tribunal can be removed by the two-thirds of the Senate, so if the Senate has passed through this process and the President accepts it, then they will remove him.
“If the constitutional provision for his removal is being followed, then that is okay. It means that the initial announcement that the President removed him is not correct, that the President is now following the constitutionally stipulated procedure for his removal.
“Since the Senate has removed him, that means they have evidence which maybe they considered in their close session to recommend his removal. So, the moment the constitutionally stipulated procedure is being followed one may not be able to question it.”
Chief Adegboyega Awolomo (SAN), the legal representative for former Chief Justice of Nigeria, Walter Onnoghen, who was dismissed by Danladi Umar in 2019, expressed that the Senate’s decision to remove Umar could not be challenged.
“I leave him (Umar) to God and his conscience. May the Lord forgive him,” Awomolo said.
The Senate’s decision to remove Danladi Umar was based on Section 157(1) of the 1999 Constitution of Nigeria, which authorizes the Senate to dismiss key public officials through due process.
This decision was made after a closed-door session lasting over 90 minutes. Following the session, the Senate announced that over 84 lawmakers supported Umar’s removal.
The motion for Umar’s dismissal was introduced by Senate Leader Opeyemi Bamidele, who emphasized the crucial role of the CCT in upholding morality and accountability within government institutions.
Bamidele pointed out that Umar’s actions had fallen short of the standards expected of a public officer in such a significant role.
“The Code of Conduct Tribunal (CCT), as a statutory institution, is expected to uphold virtues of integrity, probity, and accountability,” Bamidele stated.
“However, Mr. Yakubu Danladi Umar’s conduct has fallen short of these requisite standards for a public officer entrusted with such responsibilities.”
He further emphasized that an institution of such significance should serve as a model of moral uprightness, consistently demonstrating the values of integrity, accountability, and transparency.
“However, the conduct of M Yakubu Panladi Umar, who is the chairman of the tribunal, has fallen short of the requisite standard of a public officer to conduct the affairs of such tribunal.”
He added, “The Senate has been inundated with a series of petitions and allegations of corruption/misconduct against the chairman, a situation that necessitated the 9th Senate, through the Senate Committee on Ethics Code of Conduct and Public Petitions, to invite him to a series of its investigative hearings in order to unravel the circumstances surrounding those allegations.
“However, he appeared before the committee only once and thereafter avoided subsequent invitations.”
The Senate Leader further expressed concern over Umar’s extended absence from his duties, which lasted more than a month without approval or explanation.
Additionally, he pointed to a series of corruption allegations, including misappropriation of funds, and a public altercation with a security officer in the Federal Capital Territory, FCT.
Umar is also under investigation by the EFCC, ICPC, and DSS, all of which have raised serious concerns regarding his conduct in office.
“All these are tantamount to acts of negligence and gross misconduct, unbecoming of a chairman of such reputable tribunal.”
The Senate had previously called on Umar to testify before its Committee on Ethics, Code of Conduct, and Public Petitions during the 9th Assembly. While he attended the initial session, he failed to respond to subsequent summons.
In addition, the Senate Leader highlighted the recent confirmation of Abdullahi Usman Bello as the new Chairman of the CCT.
President Bola Tinubu had nominated Bello, and the Senate confirmed his appointment on July 4, 2024, during a plenary session.
Section 157(1) of the Constitution stipulates that “The President may remove the Chairman or any member of the Code of Conduct Bureau, acting on an address supported by two-thirds majority of the Senate, for inability to discharge the functions of the office or for misconduct.”
The Senate determined that invoking the constitutional provision to remove Umar was crucial for safeguarding the integrity of the CCT and ensuring its role as a cornerstone of corporate governance in Nigeria.
Bamidele emphasized that this decision reflected the 10th Senate’s firm commitment to upholding the rule of law and ensuring public confidence in key government institutions.
Notably, this is the first time since 1999 that the Senate has utilized this constitutional clause to remove the head of a statutory agency.
Umar, in his capacity as CCT Chairman, was at the center of the contentious trial and conviction of Onnoghen, who was accused of false asset declarations.
He had played a pivotal role in Onnoghen’s removal by President Muhammadu Buhari and the freezing of his bank accounts.
However, the Court of Appeal recently overturned this ruling, ordering the return of Onnoghen’s frozen accounts and granting additional reliefs following an out-of-court settlement between the former CJN and the Federal Government.
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