A Senior Advocate of Nigeria (SAN), Prof. Mamman Lawan Yusufari has expressed concerns over the appointment of a new chairman of the Code of Conduct Tribunal (CCT).
The presidency last month announced Dr Mainasara Umar Kogo as the new CCT Chairman to take over from Danladi Yakubu Umar, who assumed office in July 2011.
The 1999 Constitution (as amended) stipulates that the CCT Chairman and Members are appointed by the President upon the recommendation of the National Judicial Council after advice from the Federal Judicial Service Commission.
Their removal also relies upon an address supported by a two-thirds majority of each House of the National Assembly on the grounds of inability to discharge functions or attaining 70 years.
Speaking on the new appointment, Prof. Yusufari, former Dean, Faculty of Law, Bayero University Kano (BUK), stated that the presidency made an error as due procedure was not observed.
“I think the presidency must have realised that announcing Mainasara Kogo as Chairman of CCT was a mistake because due procedure has not been followed to remove the incumbent, Danladi Yakubu Umar,” he told PRNigeria.
“The legislature must give a nod to his removal, and there must be acceptable constitutional grounds for the removal, such as inability to perform the functions of the office or misconduct.
“Umar is in his 50s, so you can not talk about leaving the office on age grounds. The realisation of this mistake probably led to the presidency’s inaction after the announcement, which permitted Umar to remain in office.”
The Professor of Law 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.
As CCT, Umar has presided over several high-profile cases, including the trial of Bukola Saraki, ex-Kwara Governor, ex-Senate President; former Lagos Governor Bola Tinubu, Nigeria’s current President, among others.
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