The Nigerian Senate seems to be rushing an amendment to the Act establishing the Code of Conduct Bureau and the Code of Conduct Tribunal as the bill crossed a second reading just a day after its introduction.
The amendment is happening at a time the Senate President, Bukola Saraki, is facing trial at the Code of Conduct Tribunal for under-declaring his assets as required of top government officials.
The Thursday sitting was presided over by the Deputy Senate President, Ike Ekweremadu.
Senator Peter Nwoboshi who sponsored the bill, said that the amendment would redraft Section 3(d) of the CCT Act to now read: “…receive complaints about non-compliance with or breach of this Act and where the Bureau having regard to any statement taken or to be taken after such subsequent complaint is made considers it necessary to do so, investigate the complaint and where appropriate refer such complaint to the Code of Conduct Tribunal established by Section 20 of this Act and the Constitution in accordance with the provisions of Section 20 to 25 of this Act.”
Explaining, Nwoboshi said, “It is clear that the Act does not contemplate criminal trial so the usage of Criminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the Tribunal.
“In due course, I will present to this distinguished Senate a comprehensive amendment of the Third Schedule to the Code of Conduct Bureau and Tribunal Rules of procedure which should be distinct rules for proceedings in the Code of Conduct Tribunal,” the Senator argued.
Sin his contribution, Senator Dino Melaye described the amendment as very apt.
According to him, the CCT is now assuming more powers that what was granted it by the original act.
He said: “Section 3(D) stipulated that before a prosecution can start, the person in question would have to be communicated and he must respond to the Bureau.
“After investigation by the Bureau then they will transfer for prosecution. It is stipulated that you must have a minimum of three judge before they can sit, but as it is today, we have two judges yet trial is ongoing.
“When the two judges take different position, what happens?”
In his contribution, Senator Bukar Abba said: “I rise to totally support this amendment and I align with my colleagues who have spoken about it, it is short and straight forward.”
Senator Yahaya Abdulahi though supported the amendment, he warned that the timing was wrong as it was happening at a time the Senate President was being tried adding that this could send the wrong signal.
“What I am against is the timing. We must be wary about public perception about the position of the senate.
“The Nigerian people could perceive this to mean that we did not challenge this Act until now that our principal officer is standing trial.
“I have nothing against this amendment because it brings fairness: if I am being treated the way our principal officer is being treated it would not be good but for the credibility of this Senate I think we should re-examine the timing of this,” he argued.
Dousing this concern, Ekweremadu noted: “this bill will not affect the proceedings at the code of conduct tribunal,” he said, adding that “we should not be afraid to the job which the constitution has given us.
“We support the CCB and the CCT but we must make sure that in doing their work, there must be fairness and respect for human rights. We must at all times be courageous to do our work.”
