Senate Has Constitutional Powers To Remove CCT Chairman – Adebayo Says

The presidential candidate of the Social Democratic Party (SDP), in the 2023 election, Prince Adewole Adebayo, has said that the Senate acted within its authority in urging President Bola Ahmed Tinubu to sack the Chairman of the Code of Conduct Tribunal (CCT) chairman.
Adebayo, a lawyer said that there was the need to adhere as well as stress to the importance of integrity in public institutions, adding that the National Assembly also has right to remove the president and Commander-in-Chief of the Armed Forces of Nigeria.

The Nigerian Senate last Wednesday, invoked Section 157(1) of the 1999 Constitution (as amended) to remove the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, from office.
This followed the adoption of a motion titled “Invocation of Provision of Section 157(1) of the Constitution for Removal of the Chairman of the CCT” moved by Senate Leader, Opeyemi Bamidele (APC-Ekiti), and unanimously supported by Senators at plenary.
While presenting the motion, Senator Bamidele, noted the sacred role of the CCT in maintaining high moral standards in government business and ensuring public officials adhere to principles of accountability and integrity.
The Senate Leader said the conduct of CCT Chairman, Danladi Umar fell short of these expectations, adding that the embattled Chairman was enmeshed in corruption and misconduct with multiple petitions against him alleging corruption and misappropriation of funds.
According to Bamidele; “There were Reports of Mr. Umar being absent from office for over a month without official permission. He was also accused of refusal to Cooperate with Senate Investigations as he only appeared once before the Senate Committee on Ethics, Code of Conduct, and Public Petitions and avoided subsequent invitations.
“He was also accused of engaging a physical altercation with a security guard in the Federal Capital Territory, an incident described as unbecoming of a public servant coupled with ongoing investigations by the EFCC, ICPC, and DSS which the senate referred to a gross misconduct and negligence,” he so moved.
Accordingly, the Senate replaced Umar with President Bola Ahmed Tinubu’s nominee Mr. Abdullahi Usman Bello whose appointment was confirmed on July 4, 2024.

The development sparked criticisms as some legal experts argued that the Senate merely relied on a section of the Constitution—Section 157(2)—that applies to the Code of Conduct Bureau (CCB) and not the tribunal and therefore opined that the removal process was flawed.

But, Adebayo, a constitutional lawyer took a critical look at the action of the Senate and declared that the National Assembly has the constitutional authority to discipline public officers, including the CCT chairman.

He explained that while the CCB is an administrative body under the executive that is responsible for compliance and asset declaration, the CCT, on the other hand, is a judicial body tasked with trying violations of the Code of Conduct, adding that while two institutions are distinct, both are however subjected to oversight and discipline by the legislature and executive.

Adebayo stressed that under the principle of separation of powers, the executive, legislative, and judicial branches serve as checks on each other.
In his words; “The National Assembly has oversight powers over public institutions, including the judiciary. The CCT chairman, while heading a judicial body, is still a public servant subject to the disciplinary powers of other branches of government,” he stated.
According to the SDP presidential candidate, the Code of Conduct Tribunal, unlike the superior courts, operates as a unique judicial body tasked with trying violations of the Code of Conduct, adding that as such, it falls within the legislature’s purview to act when misconduct occurred.
Adebayo further said; “If the National Assembly and the executive agreed that an official should be removed, that decision stands. The same principle applies to other branches of government intervening in cases of misconduct within their counterparts”.
He therefore advised against the debate on the matter being reduced to legal technicalities instead of the issue of ethical standards required for such critical roles.
Adebayo also said; “The chairman of the CCT is the custodian of public ethics. Any hint of misconduct undermines public trust in the tribunal and the judiciary. Someone in such a position must be above reproach, as their role is to enforce the same standards they must exemplify”.

Adebayo appealed to Nigerians to approach the issue with objectivity, focusing on accountability rather than partisan arguments, stressing that the removal of the CCT chairman is about preserving the integrity of our institutions.

“This is not a matter of partisanship or legal maneuvering. It is about ensuring that public servants are held to the highest ethical standards,” Adebayo stressed.