CCT Chairman’s Removal Not Valid Without House Of Reps Approval – Shittu

CCT Chairman’s Removal Not Valid Without House Of Reps Approval – ShittuOn Wednesday, during a closed-door session, the Nigerian Senate approved the removal of Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT). However, the decision has sparked controversy, with legal experts questioning its legality.
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Dr. Wahab Shittu, SAN, a renowned legal scholar, criticized the Senate’s action, labeling it both illegal and unconstitutional. In an interview with Vanguard, Shittu argued that the Senate’s move violated the 1999 Constitution, specifically Section 17(3) of the Fifth Schedule, which governs the removal of CCT officials.

Shittu explained, “Section 17(3) of the Fifth Schedule to the 1999 Constitution states that ‘A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office by the President except upon an address supported by two-thirds majority of each House of the National Assembly.’ This means that the power to remove the CCT Chairman rests with the President, based on a two-thirds majority vote from both the Senate and the House of Representatives.”

He emphasized that the President, not the Senate alone, holds the authority to remove the CCT Chairman, and that such a decision must be supported by both chambers of the National Assembly. Shittu further noted that the Senate cannot act independently in this matter without involving the House of Representatives and the President.

“The question is, can the Senate act on its own without consulting the House of Representatives and the President? My view is that it would be an improper exercise of power—essentially putting the cart before the horse and defying the President’s constitutional role,” Shittu said.

While acknowledging that the Senate can take the initial step in the removal process, Shittu stressed that the final decision requires the involvement of both chambers of the National Assembly and the President. He pointed out that although the Senate may have relied on Section 157(1) of the Constitution to justify the removal for misconduct, this provision does not apply to the removal of a CCT Chairman.

“No removal can be constitutionally valid without the input of both the House of Representatives and the President, as prescribed in Section 17(3) of the Fifth Schedule to the 1999 Constitution,” Shittu concluded.

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