Two Civil Society Organisations (CSOs) have prayed a Federal High Court in Abuja to reverse the removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal
By Taiye Agbaje
Two Civil Society Organisations (CSOs) have prayed a Federal High Court in Abuja to reverse the removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT) by the National Assembly (NASS).
The plaintiffs; Community Rescue Initiative, Toro Concerned Citizens of a Relief Foundation and an Abuja-based law, Comrade Nasir Bala, told Justice James Omotosho in a suit marked: FHC/ABJ/CS/1796/2024.
The News Agency of Nigeria (NAN) reports that the suit was filed on their behalf by their lawyers; Mahmoud Maidoki, A.G. Salisu, JibrinJibrin and Abubakar Idris.
In the originating summons, the President, Federal Republic of Nigeria (FRN); Attorney-General of the Federation (AGF); Senate President; the Senate, FRN; House of Representatives Speaker; the House of Representatives, FRN, were sued as 1st to 6th defendants.
Also listed as 7th to 11th ddefendants are the Clerk to the NASS; National Judicial Council (NJC); Federal Judicial Service Commission (FJSC); Dr Mainasara Umar Kogo and Abdullahi Usman Bello respectively.
The plaintiffs are praying the court to restrain the Clerk of the NASS from transmitting to president, the concurrent resolution of the Senate and House of Representatives which purported removed Umar as chairman of CCTV.
They are also praying the court to stop the president from giving effect to the resolution of the two chambers of NASS, on the grounds that clear provisions of the law, especially the 1999 Constitution were not followed in the purported removal of the CCT boss.
Among others, the aggrieved plaintiffs sought seven declarative reliefs against the defendants.
They urged the court to declare that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) (e) & (i) of the 1999 Constitution (as amended), as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of Umar by the Senate was illegal, void, unconstitutional and of no effect.
They said the removal, having been made pursuant to the provisions of Section 157 (1) of the 1999 Constitution or any other law for that matter.
They also urged the court to declare that the purported concurrence by the House of Representatives with the resolution of the Senate, purportedly removing the CCT chairman was illegal, void, unconstitutional and of no effect.
The Senate at plenary of Nov. 20 and the House of Representatives on Nov. 26, removed the CCT chairman.
They said the act, having been founded on a faulty legal foundation and in breach of Section 22 (3) of the Code of Conduct Bureau & Tribunal Act and Paragraph 17 (3) of the 5th Schedule of the 1999 Constitution (as amended).
The plaintiffs sought an order restraining the Clerk of NASS from communicating the resolution’ of the Senate and House removing Umar to the president, “the removal having been done without following the due process of law.
“An order restraining the 8th and 9th defendants (NJC and FJSC) from considering any person, including the 10th or 11th defendants for appointment by the 1st defendant and subsequent confirmation by the 4th and 6th defendants during, the subsistence of term of office of Hon. Justice Danladi Umar,” among others.
Meanwhile Justice James Omotosho, on Thursday, granted the application moved by Jibrin to serve Dr Mainasara Kogo and Abdullahi Bello who are the 10th and 11th defendants by substituted means.
He ordered that the processes be pasted at the notice board of the court, the All Progressives Congress (APC) Secretariat and Office of Secretary to the Government of the Federation.
The judge then adjourned the suit until Jan. 14, 2025 for hearing.(NAN)
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