Constitutional Breach: Law Professor Faults Announcement of New CCT Chairman

Constitutional Breach: Law Professor Faults Announcement of New CCT Chairman

A renowned law professor and Senior Advocate of Nigeria (SAN), Prof. Mamman Lawan Yusufari, has expressed concerns over the announcement of a new Chairman of the Code of Conduct Tribunal (CCT) without due regard for the status of the current office holder and relevant constitutional provisions.

Prof. Yusufari, former Dean of the Faculty of Law at Bayero University Kano (BUK), said the Presidency should have considered the constitutional tenure of the current CCT Chairman, Danladi Yakubu Umar, who is 53 years old and will reach the retirement age of 70 in 2041.

The announcement by Presidential Spokesperson Ajuri Ngelale of Dr. Mainasara Umar Kogo as the new CCT Chairman last month has raised legal concerns and constitutional questions on the status of Danladi Umar.

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.

Furthermore, the Constitution 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.

Speaking to PRNigeria, Prof. Yusufari noted that the Presidency made a mistake with the announcement, as the due procedure for removing the incumbent Chairman has not been followed. He emphasised that the legislature must approve the removal of the Chairman of any member of CCT, citing acceptable constitutional grounds. Since Umar is in his 50s, age cannot be invoked as grounds for removal.

“I think the presidency must have realised that announcing the appointment of Mainasara Kogo as Chairman of CCT was a mistake because due procedure has not been followed to remove the incumbent Chairman, Danladi Yakubu Umar.

“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.

” Danladi Umar is in his 50s, so you cannot 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 Danladi Umar to remain in office.

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.

“The CCT must be insulated from interference and job insecurity,” he concluded.

PRNigeria reports that as the Chairman of CCT, Justice Danladi Umar has presided over several high-profile cases, including the trial of Senator Bukola Saraki, former Kwara Governor and Senate President, and Senator Bola Ahmed Tinubu, former Lagos Governor and current Nigerian President.

Additionally, Justice Umar has issued warrants for the arraignment of top government officials across various tiers of government for falsifying properties and personal wealth in their asset declaration forms.

These cases have been among the most controversial and closely watched proceedings at the CCT under Justice Danladi Umar’s leadership, with significant political and legal implications in Nigeria.

By PRNigeria