More criticisms yesterday trailed the planned amendment by the Senate of the Act establishing the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT).
The Nigeria Labour Congress (NLC) described the amendment as a legislative ambush capable of scuttling Senate President Bukola Saraki’s trial.
In a statement, entitled: “A Dangerous Amendment” by its President, Comrade Ayuba Wabba, the congress said Nigerians believed that the amendment was aimed at scuttling the trial.
The NLC said while the intention of the Senate might be noble and in line with their legislative function, the timing of the amendment calls to question the real intentions of the upper house.
The statement reads: “It is quite intriguing that it took the trial of the Senate president for the Senate to discover the flaws in the law(s). Putting it bluntly, despite the spirited defences by the deputy Senate president to the contrary, not a few believe that this legislative move is a desperate attempt to scuttle the trial of the Senate President, Dr. Bukola Saraki, at CCT.
“On our part, we do not think the privileges of the Senate president extend to exemptions from
civil or criminal trials. At the moment, only the President and his deputy, the governor and their deputies enjoy this privilege. Thus, what the Senate is trying to do is no more than a legislative ambush.”
civil or criminal trials. At the moment, only the President and his deputy, the governor and their deputies enjoy this privilege. Thus, what the Senate is trying to do is no more than a legislative ambush.”
The Transition Monitoring Group (TMG) urged the Senate to halt the desecration of the upper chamber of the National Assembly with the amendment.
The TMG, in a statement in Abuja yesterday by its Chairman, Ibrahim Zikirullahi, said the amendment showed the level of desperation and the despicable extent to which legislators were willing to descend.
“As far as we are concerned, Saraki’s trial at the CCT is his personal business.
“ It is, therefore, a vexatious affront on the sensibilities of Nigerians that the weight of the
legislature would be brought to bear in this disturbing attempt at given him political rehabilitation.
legislature would be brought to bear in this disturbing attempt at given him political rehabilitation.
“TMG frowns at this gangster approach to legislative business.”
Also yesterday, Lagos lawyer Femi Falana (SAN) advised the Speaker of the House of Representatives, Yakubu Dogara, not to lend his weight to the proposed amendment by the Senate.
Falana told Dogara that the proposed amendments were illegal and unconstitutional.
He argued that where the constitution already made provisions for an Act the National Assembly is seeking to amend, such new provisions would be regarded as invalid, duplication and inoperative.
He contended that the CCB and CCT Act could not be amended without first amending the constitution and advised him and other members of the House to persuade the Senate to terminate the proposed amendments.
The lawyer noted that when the Corrupt Practices and other Related Offences Act 2000 was amended in 2003, following investigation allegations of corruption involving the leadership of the Senate, the Federal High Court set aside the amendment since it violated the constitution.
Falana gave three reasons why the amendment proposed by Senator Peter Nwaoboshi, which the Senate passed the second time is unconstitutional.
He said: “First, to the extent that the proposed amendment is designed to serve the interests of an individual, it is a violation of section 4 (2) of the Constitution, which has empowered the National Assembly to make laws ‘for the peace, order and good government of the federation or any part thereof…’
“Second, notwithstanding that the Senate president has decided not to preside over the plenary in the Senate, whenever the bill is being debated, the whole exercise is a clear violation of Paragraph 1 of the Code of Conduct for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution, which stipulates that ‘a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities’.
“Third, Section 3 of the Act, which the National Assembly seeks to amend, has become spent. Senator Nwaoboshi was reported to have said that he was proposing an amendment to Section 3
of the Act to provide ‘for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person’.
of the Act to provide ‘for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person’.
“With respect, Section 3 of the Act is in pari materia with Paragraph 3 (e) of Part 1 of the Third Schedule to the constitution. To that extent, Section 3 of the Act is inoperative and invalid in every material particular. In Attorney-General of Abia v Attorney-General of the Federation (2001) 17 WRN 1, the Supreme Court held: ‘Where the provision in the Act is within the legislative powers of the National Assembly, but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”
The Socio-Economic Rights and Accountability Project (SERAP) yesterday said it petitioned United Nations (UN) Special Rapporteur on Extreme Poverty and Human Rights Prof. Philip Alston, asking him to request the Senate to withdraw the proposed amendments.
In a petition by its Executive Director, Adetokunbo Mumuni, the organisation argued that the proposed amendments, “if passed into law, would weaken the act, undermine the fight against corruption, exacerbate poverty and violations of internationally recognised human rights.”
The organisation urged the Special Rapporteur to pressure the Senate to withdraw the amendments and ensure that a climate of legislative impunity and official corruption is not allowed to undermine the mandate of the Special Rapporteur to advance human rights and address poverty.
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