Fact Check: Can Buhari sack CCT Chairman?

June 14, 2018

NEWS DIGEST – There has been rumors flying around that Justice Umar Danladi, the Chairman of the Code of Conduct Tribunal has been removed and replaced with Justice Adebukola Banjoko.

THE NEWS DIGEST in the wake of this rumor brings you constitutional provisions on appointment and removal of Chairman or member of the tribunal.

According to the CCT (Code of Conduct Tribunal) laws, the removal of the Chairman of the tribunal would have to pass through the National Assembly after he must have been found guilty of an offence. Although, our checks revealed that the Economic and Financial Crimes commission (EFCC) had accused him of receiving a 10million Naira bribe from an accused which he denied, Justice Danladi was neither convicted nor dragged before the National Assembly over the allegation.

See Law of CCT below:

(1) The Tribunal shall consist of a chairman and two other members.

(2) The chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.

(3) The chairman and other members of the Tribunal shall be appointed by the President on the recommendation of the National Judicial Council.

(4) The National Assembly may by law confer on the Tribunal such additional powers as may appear to it to be necessary to enable the Tribunal to discharge more effectively the functions conferred on it under this Act.

21. Staff

(1) The tenure of office of the staff of the Tribunal shall, subject to the provisions of this Act, be the same as that provided for in respect of officers in the civil service of the Federation.

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(2) The power to appoint the staff of the Tribunal and to exercise disciplinary control over them shall vest in the members of the Tribunal and shall be exercisable in accordance with the provisions of this Act.

22. Tenure of office of Chairman and member

(1) Subject to the provisions of this section, a person holding the office of chairman or member of the Tribunal shall vacate his office when he attains the age of seventy years.

(2) A person who has held office as chairman or member of the Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.

(3) A person holding the office of chairman or member of the Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Act.

(4) A person holding the office of chairman or member of the Tribunal shall not be removed from office before retiring age, save in accordance with the provisions of this section.

Source: lawnigeria

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