The desperate attempt to remove the embattled Code of Conduct Tribunal (CCT) Chairman, Mr. Danladi Umar, has taken a controversial turn, raising serious questions about procedural irregularities and constitutional breaches.

Following previous missteps, including the premature announcement of a new CCT Chairman by former Presidential Spokesperson Ajuri Ngelale and the National Assembly?s failure to meet the required quorum, the Secretary to the Government of the Federation (SGF), Senator George Akume, has further complicated the situation. He issued two conflicting letters, both backdated to give the appearance of a legitimate transition, but riddled with inconsistencies in dates and serial numbers.

Contradictions in Disengagement and Appointment Letters

Documents obtained by PRNigeria reveal that the letter disengaging Umar from his position as CCT Chairman was dated January 6, 2025, but backdated to take effect from November 26, 2024. However, a separate letter appointing Dr. Mainsara Umar Kogo as the new Chairman was dated January 20, 2025, yet was also backdated to take effect from November 27, 2024 ? just a day after Umar?s removal.

Most notably, the reference numbers on these documents contradict the chronological sequence of events. The disengagement letter issued to Umar bears the reference number SGF.19/S.24/C.1/T/177, while the appointment letter for Kogo, issued 14 days later, inexplicably carries an earlier reference number: SGF.19/S.24/C.1/T/176. This suggests Kogo?s appointment was documented before Umar?s removal, further exposing irregularities in the process.

Omission of Constitutional Justifications

Another glaring inconsistency is the SGF?s failure to cite the relevant constitutional provisions in Umar?s disengagement letter. The letter merely states:

?I write to inform you that His Excellency, Bola Ahmed Tinubu, GCFR, President, Federal Republic of Nigeria, in the exercise of his powers, has approved your disengagement as Chairman, Code of Conduct Tribunal, with effect from 26th November 2024, following the resolution of the National Assembly. While conveying Mr. President?s appreciation to you for your services to the nation during your tenure, may I wish you God?s guidance and best of luck in your future endeavors.?

In contrast, Kogo?s appointment letter explicitly references Paragraph 15(3) of the Fifth Schedule of the 1999 Constitution (as amended) and Section 20(4) of the Code of Conduct Bureau and Tribunal Act, Laws of the Federation of Nigeria, 2004. This omission raises questions about the legality of Umar?s removal, as the constitutional process for such an action appears to have been ignored.

Legal Violations in Umar?s Removal

Meanwhile, the 1999 Constitution, as amended and cited by SGF, clearly outlines the procedure for appointing and removing a CCT Chairman: Paragraph 15(3) of the Fifth Schedule: ?The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the National Judicial Council (NJC).?

Paragraph 17(3) of the Fifth Schedule: ?A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by a 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), for misconduct, or for contravention of this Code.?

Paragraph 17(4) of the Fifth Schedule: ?A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office before the retiring age except in accordance with the provisions of this Code.?

Despite these constitutional safeguards, there is no evidence that that the National Judicial Council (NJC), chaired by Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, recommended a new CCT Chairman. There is also no evidence that the National Assembly met the two-thirds majority requirement for Umar?s removal.

Moreover, there is no also evidence suggesting that both houses of the National Assembly have met the required quorum or followed the proper procedures for engaging and disengaging a CCT Chairman. This matter is currently before Justice James Omotosho of the Federal High Court before the recent letters.

Interestingly, despite the purported dismissal, Umar has been invited by the police for questioning over allegations of ?Obstruction and Conduct Likely to Cause Breach of Peace.?

FG?s Track Record of Blunders on CCT Leadership

This is not the first time the Federal Government has mishandled attempts to remove the CCT Chairman. In 2024, the Senate, led by Senator Godswill Akpabio, attempted to invoke Section 157(1) of the 1999 Constitution to remove Umar, citing allegations of and misconduct. However, a PRNigeria fact-check revealed that Section 157 applies to the Code of Conduct Bureau (CCB), not the CCT, making the move legally untenable.

Additionally, the Senate previously confused the appointment of Abdullahi Usman Bello, who was cleared to chair the CCB, with that of the CCT?another embarrassing legal misstep.

Targeting Umar: Political or Legal?

Curiously, following his contested removal, Umar has now been invited by the police for questioning over allegations of ?Obstruction and Conduct Likely to Cause a Breach of Peace.? This development raises concerns that his removal might be politically motivated rather than based on any proven misconduct.

As the controversy unfolds, legal experts and constitutional scholars argue that the Federal Government?s handling of the CCT leadership transition not only violates established legal procedures but also raises serious credibility concerns about the administration?s adherence to the rule of law.

The series of blunders, including backdated letters, contradictory serial numbers, and the omission of constitutional requirements, raises serious doubts about the legality of Danladi Umar?s removal and Mainsara Umar Kogo?s appointment. Without adherence to due process, the Federal Government risks another embarrassing legal defeat, further eroding public trust in its governance. (By PRNigeria)

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