Although the House of Representatives has called for the removal of Mr. Yakubu Danladi Umar, chairman of the Code of Conduct Tribunal (CCT), by President Bola Tinubu, it was the Senate’s decision that ignited significant controversy. JOHN AMEH delves into the unsettling spectacle that unfolded following the Senate’s resolution, exploring the political drama and the intriguing revelations that accompanied the contentious outcome.
On Tuesday, November 26, tension filled the Senate chamber as its President, Godswill Akpabio, presided over a session burdened with an unenviable task—reversing a decision that underscored a collective legislative misstep. The grim acknowledgment was clear: a majority of the 109 senators, many of whom are seasoned lawyers, had passed a significant resolution based on a misinterpretation of the 1999 Constitution (as amended). The blunder left many questioning the depth of legislative scrutiny.
This error stemmed from a resolution passed on Wednesday, November 20, aimed at removing the Chairman of the Code of Conduct Tribunal (CCT), Mr. Yakubu Danladi Umar, over alleged infractions. The motion, initially heralded as a strong stance on public accountability, soon unraveled under closer inspection, revealing glaring constitutional inaccuracies.
For clarity and emphasis, the motion that catalyzed this resolution stated: “The Senate notes that the Code of Conduct Tribunal is one of the key components of Federal Institutions in the country, saddled with the sacred statutory responsibilities of maintaining high standards of morality in the conduct of government business and ensuring that the actions and behaviors of public officers conform to the highest standards of public morality and accountability.”
“Also notes that a statutory institution of such magnitude is expected to be an epitome of moral rectitude, should be seen to uphold the virtues of integrity, probity and accountability. However, the conduct of M Yakubu Danladi 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; concerned that the Senate has been inundated with 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 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.
“Also concerned about his alleged absenteeism from office for more than one month, without permission an recues to his position, coupled with preponderance of corruption allegation, misappropriation, and physical street brawl with a security man in the FCT vis-a-vis his current investigation by the EFCC, ICPC and the DSS All these are tantamount to acts of negligence and gross misconduct, unbecoming of a Chairman of such a reputable Tribunal.
“Aware of the series of overwhelming allegations against the Chairman, Mr. President, Senator Bola Ahmed Tinubu, GCFR, forwarded the name of Mr. Abdullahi Usman Bello to the Senate for confirmation as the new Chairman of the Tribunal, and at the Plenary Sitting of the Senate on Thursday, 4th July, 2024, his appointment was duly confirmed, hence the need for the erstwhile Chairman to vacate the office for the substantive Chairman to officially resume office;
“Recalls that by virtue of the provisions of section 157 (1) of the Constitution of the Federal Republic of Nigeria 1999, as amended, Mr. President and Commander-In-Chief of the Armed Forces, acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct”; and
“Affirms that the invocation of the afore-mentioned constitutional provision in this circumstance, seems to be the only way out to safeguard the sacred image of the Code of Conduct Tribunal, in line with the resolve of the 10th Senate to uphold the rule of law and sustain the ideals of corporate governance structure in Nigeria,
“Accordingly resolves to urge the Senate to invoke and activate the constitutional provision as enshrined in section 157 (1) by forwarding an address, supported by two-thirds majority of the Senate to be acted upon by Mr. President for the official removal of Mr. Yakubu Danladi Umar, as the Chairman of Code of Conduct Tribunal, for the official resumption of Mr. Abdullahi Usman Bello as the new substantive Chairman of the Tribunal.”
This motion, which was moved by the Majority Leader of the House, Senator Opeyemi Bamidele, secured the endorsement of 74 senators, aside from 10 principal officers (84 in all), a number way beyond the mandatory two-thirds support required for such a resolution. It was passed and quickly forwarded to the Presidency for Mr President to give effect to it.
However, there was a problem. It turned out that the officer the Senate removed from office was the Chairman of the Code of Conduct Bureau (CCB), a different body from the CCT’s chairman, who was the target of the resolution.
In reality, Section 157(1) only spells out the procedure for removal from office, the chairman and members of government bodies further listed in sub-section 2, of which the CCB is top on the list, not the CCT’s as wrongly executed by the Senate. It reads: “(1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.”
A different part of the constitution, Section 17 (3) makes the provision for the removal of the CCT chairman, a section the Senate ought to have invoked in passing its resolution.
In addition, it is provided in Section 17 (3) that the Senate can’t act alone in removing the CCT’s chairman, but must also secure the concurrence of two-thirds support (240) of members of the House of Representatives!
Event of November 26
On Tuesday, senators, after realising their terrible blunder, admitted to having committed a “Freudian slip” by their earlier decision. It was an unenviable task as Sen. Bamidele again, had to move the motion to correct the blunder. The new motion reads:
“The Senate notes a Freudian slip in its earlier resolution adopted at its plenary sitting of Wednesday, 20th November 2028 regarding the removal from office of the Chairman of the Code of Conduct Tribunal Mr. Yakubu Danladi Umar for misconduct;
“Also notes that it has become necessary for the Senate to adopt this motion to correct this Freudian slip to prevent confusion in the future; and recalls that upon its resolution, invoked Section 157 of the Constitution of the Federal Republic of Nigeria 1999 instead of Paragraph 17 (3), PT 1, Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as Amended) as the basis for the removal from office of the erstwhile Chairman of the Code of Conduct Tribunal, Mr. Yakubu Danladi Umar;
“Affirms that the Senate stands by its resolution to remove the Chairman of the Code of Conduct Tribunal on the grounds of misconduct as debated by the Senate through resolution S/RES/2/36/24 dated Wednesday, 20th November 2024 in accordance with Paragraph 17 (3) PT 1, Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended); and relying on order 1 (b) and 52 (3) of the Senate Standing Orders 2023 as amended,
“Accordingly resolves to: i, Invoke the appropriate Constitutional provisions as enshrined under paragraph 17 (3) PT 1, Fifth 5 Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Section: 22 (3) Code of Conduct Bureau and Tribunal Act Cap C15, LFN 2004 as the Constitutional andk statutory basis for its resolution S/RES/2/36/24 dated Wednesday, 20 November 2024 regarding | the removal from office of Mr. Yakubu Danladi Umar as the Chairman Code of Conduct } Tribunal for misconduct: ii, Correct the Freudian slip in its resolution S/RES/2/36/24 dated Wednesday, 20th November 202 } wherein section 157 (I) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) instead of the correct constitutional provision, which is paragraph 17 (3) PT I, Fiftl ) Schedule to the Constitution and this resolution affects only the rescission of the wrong Constitutional citation and does not in any way invalidate resolution S/RES/2/36/24 of Wednesday, 20 November 2024;
“iii, Seek the concurrence of the House of Representatives to this resolution in accordance with ) paragraph 17 (3) PT I, Fifth Schedule to the Constitution of the Federal Republic of Nigeria ¢ 1999 and section 22 (3) Code of Conduct Bureau and Tribunal Act Cap C15, LFN 2004; and
“iv. Urge the general public to disregard any misinformation or confusion regarding the Freudian slip inherent in its resolution S/RES/2/36/24 of Wednesday, 20th November 2024 regarding the removal from office of Mr. Yakubu Danladi Umar as the Chairman, Code of Conduct Tribunal.”
Questions begging for answers
With their mouths agape, some observers have asked questions. The Senate President, Akpabio, is a lawyer; the Senate leader, Bamidele, is a lawyer; the Chief Whip is a lawyer and former attorney-general of a state; the Senate has a Committee on Rules and Business; and there is a Committee on Judiciary and Human Rights populated by lawyers. In addition, many senators are lawyers with many years of practice experience. How did it happen that none of these lawyers detected this blunder conveyed in a major resolution such as the extant one?
A political analyst, Dr. Joseph Gella, said he was alarmed by the development, “raising concerns about how our lawmakers pay little attention to the very serious business of law making.”
He went on, “How many more errors do we have in the bills, resolutions passed by our senators, some of which are being fully implemented?”
A development economist, Gauis Wakil, said his own worries bordered on the budgets passed by the National Assembly. “If this sort of error could be passed in a motion, you can imagine what errors our national budgets carry, in terms of the details.
“It has again raised the question and suspicion by Nigerians as to whether most legislators read the documents they pass every now and then”, Wakil remarked.
Dr Gella and Wakil called on our legislators to be more committed to work, considering their jumbo pay cheque often viewed by Nigerians to be a burden on taxpayers.
The consolation for now is that at least Akpabio and his colleagues ate the humble pie on Tuesday. They admitted their error.
Taking the bullet on behalf of the Senate, Akpabio submitted: “Anywhere in the world, people can make a mistake; it is human. What we have now is to correct it. Our earlier resolution removing the chairman of the CCT stands; the only issue is to apply the appropriate sections of the constitution, which we have done. It will now be forwarded to the House of Representatives for concurrence.”
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