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The House of Representatives on Tuesday resolved to remove the Chairman of the Code of Conduct Tribunal (CCT), Umar Danladi, from office.
However, the motion was carried without meeting the constitutional threshold.
The decision followed a motion moved by the Majority Leader of the House, Julius Ihonvbere (APC, Edo), who cited Section 17(3) of the Fifth Schedule of the 1999 Constitution.
According to Section 17(3):
“A person holding the office of the 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 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, misconduct, or contradiction of the code.”
Despite the clear constitutional requirement that Mr Danladi can only be removed by a two-thirds majority of the 360 members of the House, the resolution was passed with fewer than 150 members present.
A two-thirds majority of the House requires 240 members, plus the presiding officer. However, shortly before the motion was taken, PREMIUM TIMES conducted a headcount of members on the floor and found only 92 members present. Even if a margin of error is allowed, the number of lawmakers present fell far short of the constitutional requirement.
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Last week, the Senate also recommended Mr Danladi’s removal, with 84 senators voting in support of a motion moved by Opeyemi Bamidele, the majority leader.
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Mr Bamidele anchored his motion on Section 157(2) of the 1999 Constitution. However, a review by PREMIUM TIMES revealed that the Senate committed a legislative blunder.
Mr Bamidele, a lawyer, relied on Section 157(2) to convince his colleagues to support the motion for Mr Danladi’s removal, instead of adhering to the process outlined in Section 17(3) of the Fifth Schedule of the 1999 Constitution.
Details later…
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