Femi Falana, human rights
activist, has advised Danladi Umar, chairman, Code of Conduct Tribunal (CCT) to
respond to the query served on him by the
Federal Judicial Service Commission (FJSC).
Umar had questioned the power of
the FJSC to query him while dismissing the allegation of judicial misconduct
arising from the suspension of Walter Onnoghen, former chief justice of
Nigeria.
The CCT chairman said he was not
answerable to any institution aside the presidency.
But Falana said the FJSC was
perfectly in order when it queried the CCT chairman, adding that the CCT is not
under the presidency.
Quoting section 36 (1) of the CCT
constitution, he said the chairman and members of the CCT are recognised as
judicial officers by the constitution.
“In dismissing the allegation of
judicial misconduct arising from the circumstances surrounding the suspension
of the Chief Justice of Nigeria, Mr. Justice Walter Onnoghen, the Chairman of
the Code of Conduct Tribunal, Justice Danladi Umar, has questioned the power of
the Federal Judicial Service Commission to query him,” the statement read.
“According to him, the Code of
Conduct Tribunal is under the presidency and as such, the Chairman and the two
other members of the Tribunal only report to the President.
“To justify his queer position,
Justice Umar said a former chief justice had warned the members of the tribunal
to stop calling themselves judges.
“By virtue of section 36 (1) of
the Constitution the Code of Conduct Tribunal shall be constituted in such manner
as to secure its independence and impartiality.
“It is regrettable to note that a
Tribunal established by the Constitution as an independent juridical organ of
the Federation has conveniently reduced itself to an appendage of the
Presidency.
“It is expressly stated in the
Constitution that the power to appoint the staff of the Tribunal and to
exercise disciplinary control over them shall vest in the members of the Code
of Conduct Tribunal and shall be exercisable in accordance with an Act of the National
Assembly.
“Contrary to the embarrassing
position of the Tribunal Chairman, Paragraph F of Part 1 of the Third Schedule
to the Constitution, 1999 as amended provides that the Federal Judicial Service
Commission shall advise the National Judicial Council in nominating persons for
appointment and removal of federal judicial officers including the Chairman and
members of the Code of Conduct Tribunal.
“Paragraph 15 of Part 1 of the
Fifth Schedule to t1he Constitution provides that the President shall appoint
the Chairman and members of the Code of Conduct Tribunal on the recommendation
of the National Judicial Council.
“The retirement age of Chairman
and members of the Code of Conduct Tribunal is 70 years like Justices of the
appellate courts.”
Falana said unlike ministers and
staff in the presidency, the chairman and members of the CCT cannot be removed
from office by the president.
He added that if the CCT chairman
fails to respond to the query, the FJSC may recommend his removal from office.
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