The Senate has acknowledged an error in its earlier resolution advising President Bola Tinubu to remove Umar Danladi as chairman of the Code of Conduct Tribunal over allegations of corruption and misconduct.
The upper chamber however, insisted that it does not invalidate their decision to sack the CCT Chairman.
Last Wednesday, the Senate led by the Majority Leader, Opeyemi Bamidele, invoked Section 157 (1) of the Nigerian Constitution as the legal basis for the resolution. That section, however, pertains to the removal of specific public officials, not the CCT chairman.
During plenary on Tuesday, the Senate Leader admitted what they described as a mistake.
He called on the Senate to rescind the earlier constitutional provision and adopt the correct legal references. He explained that the appropriate sections to support the resolution were Section 17 (3) of the Nigerian Constitution and Section 22 (3) of the Code of Conduct Bureau and Tribunal Act 2004.
Under Section 17 (3), the Senate and the House of Representatives must pass an address supported by a two-thirds majority to advise the President on the removal of certain public officers. Bamidele also highlighted the need for concurrence from the House of Representatives to ensure the resolution’s effectiveness.
“The Senate erroneously based its resolution on Section 157 (1), which does not apply to the chairman of the Code of Conduct Tribunal. The correct provisions are Section 17 (3) of the Constitution and Section 22 (3) of the Code of Conduct Bureau and Tribunal Act 2004. We must correct this for the resolution to take legal effect,” Bamidele told his colleagues.
The Senate unanimously agreed to Bamidele’s motion to correct the error and adjust the resolution accordingly.
The resolution which has enjoyed concurrence by the House of Representatives, has formally advised President Tinubu to remove Danladi from office. The allegations against the CCT chairman include corruption and misconduct.