Lawyers have criticised the removal of the chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, saying it was in breach of constitutional provisions.
President Bola Ahmed Tinubu had last week replaced Umar with Dr Mainasara Umar Kago through a statement by his media aide, Ajuri Ngelale.
However, lawyers have described the announcement as a breach of legal provisions on the office of the CCT chairman.
Reacting, a former Dean of the Faculty of Law at the Bayero University Kano, Prof. Mamman Lawan-Yusufari, said replacement did not regard that the current holder was still 53 years old as against the retirement age of 70 years under relevant provisions of the constitution.
According to the 1999 Constitution (as amended), the Chairman and Members of the CCT are appointed by the President upon the recommendation of the National Judicial Council (NJC), which receives advice from the Federal Judicial Service Commission.
The constitution also stipulates that the president can only remove the chairman and members upon an address supported by a two-thirds majority of each House of the National Assembly and only on the grounds of inability to discharge functions. They must also vacate office upon attaining 70 years.
The professor stressed that the stringent provisions on appointment and removal are rooted in the sensitivity of the offices, ensuring effective public service delivery, good governance, national development, peace, and security.
Umar presided over several high-profile cases, including the trial of former Senate president, Bukola Saraki and Lagos governor and current president, Bola Tinubu.
Adding his voice, Ikoro N. Ikoro, Esq said the Constitution of the Federal Republic of Nigeria 1999 (as amended) is the grundnorm and its provisions prevail over every authority in Nigeria including the office of the CCT chairman.
“The constitution provides that in the removal of the CCT chairman, the President of the Federal Republic of Nigeria must make the announcement after an approval of 2/3 majority of both the Senate and the House of Representatives,” he said.
“There is a reason for the stringent provision of the law in the removal of the CCT chairman by a president; it is because the position is sensitive and it is the body charged with checkmating illicit acquisition of wealth by officials of state.
“There is a mandatory requirement of termination of appointment at the age of 70. He is still 53 or so years old. So age could not have been a factor. There is no doubt that there was a call for the man to be sacked after a slap incident in Abuja or how he treated the retired Onnoghen, CJN, but after that event he was not sacked. Therefore, Government is required to go through the right channels to make sure that the trust embedded in that office is maintained if he must be removed,” he added.
Similarly, E. M. D. Umukoro Esq said the provisions for the removal of the CCT chairman as provided by the constitution requires an address and two-third majorly of members of both chambers of the National Assembly adding that the chairman or members of the CCT have not violated the law, they enjoy tenure of office and cannot be removed arbitrarily.
“If the chairman or any of the members of the Code of Conduct Tribunal has been removed from office, outside the provisions of the law, he has right to seek redress under the law,” he said.
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