A group of lawyers in Bauchi, known as Lawyers for the Cause of Bauchi, LAWBA, has challenged the removal of Justice Danladi Umar as the Chairman of the Code of Conduct Tribunal, CCT.
They declared the removal invalid and unconstitutional.
DAILY POST recalls that the Senate removed the chairman of the Code of Conduct Tribunal last week over alleged gross misconduct.
The sacking followed a closed-door session lasting over one and a half hours.
Speaking at a press conference on Monday, LAWBA’s spokesperson, Nasiru H. Bala, however, described the action as unconstitutional and beyond the Senate’s jurisdiction.
LAWBA argued that the removal of the CCT Chairman did not follow the proper constitutional process.
Quoting the 1999 Constitution, he said such removal requires the President’s approval and the support of a two-thirds majority in both the Senate and the House of Representatives.
The group explained that Section 157(1) of the Constitution, which the Senate claimed to rely on, does not apply to the CCT.
They pointed out that this section only covers other government bodies like the Independent National Electoral Commission, INEC and the Federal Judicial Service Commission but excludes the CCT.
LAWBA stated further that Section 17(3) of the Constitution’s 5th Schedule makes it clear that removing the CCT Chairman must involve both legislative chambers and cannot be done by the Senate alone.
The lawyers also noted that the issue has caused widespread debate since July, when the Federal Government first announced its plan to replace the CCT chairman.
They stressed that the government must follow the Constitution to avoid undermining democracy and the rule of law.
LAWBA urged the Attorney General of the Federation to ensure that the government respects constitutional processes.
The group called on the National Assembly to stay within its constitutional powers while urging the Executive to follow proper legal procedures.
Removal of CCT Chairman Justice Danladi Umar unconstitutional – Bauchi lawyers