Legal Experts Slam Senate Over CCT Chairman’s Sack, Cite Constitutional Breach

The Senate’s recent decision to dismiss the Chairman of the Code of Conduct Tribunal (CCT), Yakubu Danladi Umar, has been met with sharp criticism from senior legal experts, who have described the move as unconstitutional. Among the critics are Professor Yemi Akinseye-George (SAN), Dr. Wahab Shittu (SAN), and other respected legal scholars. They contend that the Senate lacks the legal authority to unilaterally remove a judicial officer without adherence to constitutional provisions.

The legal experts argue that Section 17(3) of the Fifth Schedule to the 1999 Constitution stipulates that the removal of the CCT Chairman can only be initiated by the President, supported by a two-thirds majority of both the Senate and the House of Representatives. According to them, the Senate’s action bypassed these requirements, rendering the decision invalid.

Dr. Shittu noted that the process requires both chambers of the National Assembly to act in concert, with the President having the final authority to effect the removal. “The Senate acted in defiance of presidential powers and constitutional procedure,” he stated. Similarly, Professor Akinseye-George emphasized that the CCT is a judicial body not listed among those executive offices over which the Senate has direct removal powers under Section 157 of the Constitution.

Another unnamed senior lawyer expressed disbelief at the Senate’s actions, emphasizing that judicial officers are not subject to direct dismissal by the legislature. “The Senate president knows he can only make recommendations, not remove a judge,” he said.

Adding to the complexity, critics pointed out procedural inconsistencies in the Presidency’s prior attempt to replace Justice Umar. In July, President Bola Tinubu announced the appointment of Dr. Mainasara Umar Kogo as the new CCT Chairman without consulting the Federal Judicial Service Commission (FJSC) or the National Judicial Council (NJC), as required by law. Following backlash from legal experts, the administration reclassified Kogo’s appointment to the Chairmanship of the Code of Conduct Bureau (CCB). Despite this, Umar continued in his role as CCT Chairman.

The Senate’s renewed effort to remove Justice Umar on Wednesday cited misconduct as the basis for his dismissal. However, legal experts argue that no valid process, including a two-thirds resolution from both legislative chambers, has been followed. Furthermore, the accusations against Umar, including a 2021 incident of alleged assault and workplace misconduct, have not resulted in any formal indictment or constitutional basis for removal.

Professor Akinseye-George warned that failure to adhere to constitutional provisions undermines the rule of law. “This is democracy. Whether or not you like the person in office, the process must be followed,” he said, adding that any unconstitutional action could be overturned in court.

Justice Umar’s tenure has not been without controversy. Allegations against him include bribery, workplace corruption, and an assault case at Banex Plaza in Abuja. While these claims have tainted his reputation, no official findings of misconduct have been established against him. Critics argue that removing him without proper procedure sets a dangerous precedent for governance and judicial independence.

The Senate’s decision also raises questions about the broader implications for Nigeria’s legal framework. Some experts, such as Professor Awa Kalu (SAN), described the situation as symptomatic of systemic issues in governance. “Illegality begets illegality,” he said, urging adherence to due process to avoid further undermining public trust in institutions.