Court Sacks Code Of Conduct Bureau Chairman, 9 Other Members

The Senate President, Doctor Abubakar Bukola Saraki can now sleep with his 2 eyes closed as Hon. Justice Murtala Nyako of the Federal High Court Abuja this morning sacked the Chairman and nine other members of the Code of Conduct Bureau [CCB].

The affected persons were sacked in a public interest suit filed by Kingdom Human rights Foundation International. 

The Foundation had instituted a suit against the Chairman and members of the Code of Conduct Bureau on the unconstitutional stay in office contrary to section 155 (c )  of the 1999 constitution. 

In suit no: FHC/ABJ/CS/411/2016 between Incorporated Trustees of Kingdom Human Rights Foundation Int’l  Vs  President Federal Republic of Nigeria  and two others, the organization prayed  the court to determine the following questions of law.  

1.  WHETHER OR NOT the tenure of office  of  the Chairman and nine other members   of the Code of Conduct  Bureau  has elapsed since  April 2015,  in view  of section  155 (1) (c) and Paragraph  1, Part 1, Third Schedule of the  1999  Constitution (AS  AMENDED).  

2. WHETHER OR NOT the Chairman and nine other members of the Code of Conduct Bureau has illegally and fraudulently perpetrated themselves into office and thereby illegally collected salaries and emoluments; and illegally and unconstitutionally performed the functions of the offices they illegally occupy, contrary to constitutional provisions. 

3. WHETHER OR NOT the Attorney General of the Federation has failed to perform in his responsibility by failing to advise the President on the expiration of the tenure of the Chairman and members of the Code of Conduct Bureau and for taking the position that section 155 ( c) of the 1999 constitution is not applicable in determining  the tenure of office of members of CCB. 

AND UPON THE DETERMINATION OF THE ABOVE QUESTIONS, THE PLAINTIFFS ARE SEEKING    THE FOLLOWING DECLARATIONS:

1. A DECLARATION OF THE HONOURABLE COURT THAT  the tenure of office  of  the Chairman and nine other members   of the Code of Conduct  Bureau  has elapsed since  April 2015;  in view  of section  155 (1) (c) and Paragraph  1, Part 1, Third Schedule of the  1999  Constitution (AS  AMENDED). 

2. DECLARATION OF THE HONOURABLE COURT THAT the Chairman and nine other members of the Code of Conduct Bureau  has   illegally and fraudulently perpetrated themselves into office and thereby illegally collected salaries and emoluments from the Federal Government of Nigeria and illegally and unconstitutionally performed the functions of the offices  they illegally occupy;  contrary to constitutional provisions. 

3. DECLARATION OF THE HONOURABLE COURT THAT the Attorney General of the Federation has failed to perform in his responsibility by failing to advise the President on the expiration of the tenure of the Chairman and members of the Code of Conduct  Bureau and for taking the position that section 155 ( c) of the 1999 constitution is not applicable in determining  the tenure of office of members of CCB. 

AND UPON THE FOLLOWING DECLARATIONS, THE PLAINTIFFS ARE  SEEKING  THE FOLLOWING ORDERS:

(a)  AN ORDER OF THE COURT DIRECTING/COMPELLING the Chairman and nine other members of the Code of Conduct Bureau to vacate their offices, which they illegally occupy with immediate effect.

(b) AN ORDER OF MANDAMUS  COMPELLING  the Chairman and nine other members of the  Code of Conduct Bureau   to return to the Federation account, all salaries, allowances, and emoluments  they illegally collected between the April 2015 to June 2016; and from June 2016 till  the dependency of this suit.  

(c) AN ORDER OF MANDAMUS  COMPELLING/MANDATING  the President Federal Republic of Nigeria to perform his constitutional  mandate of  appointing new Chairman and members    of the Code of Conduct Bureau  in accordance with constitutional provision. 

(d)  AN ORDER OF MANDAMUS  COMPELLING/MANDATING  the Independent Corrupt Practices and  other Related Offences and the Economic  and Financial  Crimes Commission to immediately arrest, investigate and prosecute  the Chairman and nine other members of the Code of Conduct Bureau for knowingly, intentionally and  fraudulently conspiring to perpetrate themselves into office, by pretending that they are ignorant of section 155 (1)  (c) of the Constitution.  

(e) AN ORDER OF MANDAMUS  COMPELLING/MANDATING  the President Federal Republic of Nigeria to perform his constitutional  mandate of  appointing new Attorney General of the Federation on the grounds that the incumbent Attorney General has demonstrated incompetence to handle the office. 

(f)  AND SUCH OTHER ORDERS as the Court may deem fit to make in the circumstance of the case.

In Her considered judgment, the Hon. Court held that the provisions of section 155(1) (c ) of the 1999 constitution is clear and unambiguous to the extent that the tenure of the Chairman and nine other members is five years.  The court determined all the issues south for determination in favour of the plaintiff  and also granted the reliefs sought. 

The Court also upheld plaintiff counsel submission that   the  overstay in office is against public morality , particularly of a government agency that  is established to  establish and maintain  high  standard of public morality   in the conduct of government  business and to ensure    that the action and  behavior   of public officers  conform  to the highest standard of  public morality and accountability.  

The certified true copy of the  enrolled judgment would be made available next week, as the Hon. Court promised.   

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