The summon of the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar, by the senate has earned the legislature a tongue lash from legal luminaries.
The Senate Committee on Ethics, Privileges and Public Petition had on Monday summoned Justice Umar to appear before it on Thursday to defend himself against allegations of corruption leveled against him.
The timing of the invite has also raised serious suspicions because Umar has just ruled that the trial of the senate president Bukola Saraki for false declaration of assets at the CCT, will continue on a daily basis in line with the Administration of Criminal Justice Act (ACJA).
In a statement, renown human rights lawyer Femi Falana, described the senate summon as an illegality.
According to Falana; “It is pertinent to point out that the Ethics Committee of the Senate lacks the power to summon the Tribunal Chairman to testify in respect of a criminal investigation.
“More so that the allegation being examined by the Ethics Committee of the Senate is the subject matter of a pending criminal case at the High Court of the Federal Capital Territory sitting in Abuja.”
Falana continued: “Following the allegation that the Personal Assistant of the Tribunal Chairman allegedly received a bribe from a suspect on behalf of his master, the matter was investigated by the Economic and Financial Crimes Commission. At the end of the investigation, the Tribunal Chairman was exonerated while his Personal Assistant was indicted. Consequently, the suspect has since been charged to court. Since the case has not been concluded or terminated, it is the height of contempt on the part of the Senate or any of its committees to decide to conduct another trial on the same subject matter.”
He added: “The Ethics Committee of the Senate is advised to withdraw its illegal summons which has been issued and served on the Code of Conduct Tribunal Chairman.
“Instead of exposing the Nigerian people to further undeserved embarrassment over the Saraki case, the Senate is enjoined to enhance the fight against corruption by passing the Whistle Blowers Bill, the Proceeds of Crime Bill and the Witness Protection Bill, which were passed by the 7th National Assembly but were not signed into law by former President Goodluck Jonathan. For the Nigerian people to take the war against corruption seriously, the members of the legislative and executive arms of Government ought to be prepared to demonstrate leadership by example.
“In a country where the majority of the states are owing arrears of salaries, the legislators should be prepared to make sacrifice by reducing their fat salaries and jumbo allowances,” said Falana.
Fidelis Oditah (SAN, QC), told The Nation that the senate has overstepped its bounds with the summon.
“They don’t have such powers. Are they a court of law themselves?” he asked.
According to him, the Senate’s oversight functions include monitoring of how monies appropriated to agencies are spent, not to invite anyone over a corruption allegation like an anti-graft agency.
Norrison Quaker (SAN), said: “The invitation at this time raises a lot of suspicion. But Justice Umar can handle it administratively so that it won’t appear as if there’s a political angle to it.”
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