The Senate has rectified a procedural error in its earlier resolution to remove the Chairman of the Code of Conduct Tribunal, Danladi Umar, from office over alleged misconduct.
Last week, the Senate invoked Section 157(1) of the 1999 Constitution in a motion sponsored by Senate Leader, Opeyemi Bamidele, as the basis for Umar’s removal.
However, it was later discovered that the cited section relates to the Code of Conduct Bureau and other executive agencies, not the CCT, which falls under the judiciary.
To address the oversight, Bamidele moved a new motion on Tuesday activating Paragraph 17(3), Part 1, of the Fifth Schedule to the Constitution, which concerns the removal of the CCT Chairman.
The Senate also invoked Section 22(3) of the Code of Conduct Bureau and Tribunal Act CAP C15, LFN 2004, aligning its resolution with the proper constitutional provisions.
Bamidele said, “The Senate notes a mistake in its earlier resolution adopted at its plenary sitting on Wednesday, 20th November 2024, regarding the removal of the Chairman of the Code of Conduct Tribunal, Mr. Yakubu Danladi Umar, for misconduct. It has become necessary to adopt this motion to correct the mistake and prevent future confusion.
“Upon its resolution, the Senate had mistakenly invoked Section 157 of the Constitution of the Federal Republic of Nigeria, 1999, instead of Paragraph 17, Subsection 3 of Part 1 of the Fifth Schedule of the Constitution as amended. This correction is to ensure the proper constitutional and statutory basis for the resolution.”
The Senate leader added, “Senate affirms that it stands by its resolution to remove the Chairman of the Code of Conduct Tribunal on the grounds of misconduct, as debated and resolved under Resolution S-RES-2-36-24, dated Wednesday, 20th November 2024.
“This resolution now invokes the appropriate constitutional provisions under Paragraph 17, Subsection 3 of Part 1 of the Fifth Schedule and Section 22, Subsection 3 of the Code of Conduct Bureau and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, 2004.”
Bamidele further stated, “This correction solely addresses the mis-citation of Section 157.1 of the Constitution and replaces it with the correct provision, Paragraph 17.3, Part 1 of the Fifth Schedule. It does not in any way invalidate Resolution S-RES-2-36-24, dated Wednesday, 20th November, 2024.
“The Senate resolves to seek the concurrence of the House of Representatives to this resolution, as required under Paragraph 17.3 of Part 1 of the Fifth Schedule and Section 22.3 of the Code of Conduct Bureau and Tribunal Act.”
He added, “We urge the general public to disregard any misinformation or confusion regarding the initial error in the resolution, S-RES-2-36-24. The Senate remains committed to transparency and constitutional adherence.”
The corrected resolution, dated 20 November, 2024, affirms Umar’s removal and calls for concurrence by the House of Representatives, as required by law.
In his remarks, Senate President, Godswill Akpabio thanked senators for their diligence in resolving the matter and emphasized the importance of adhering to constitutional processes.
He urged Nigerians to disregard any confusion stemming from the initial error.
