Tuesday 29 March 2016

LEGAL ICON NWABUEZE: “CCT IS NOT A COURT OF LAW” – THISDAY LAW P4





TAJUDEEN ESQ.
Dear Colleague, so that we could have a respectful  discussion,  yes a spade it is; and you know it is not by co-incidence that Paragraph  17(3) of the Fifth schedule of the Constitution of the Federal Republic of Nigeria, 1999 says  the Chairman or members of the Code of Conduct Tribunal shall not be removed or appointed by the President  except upon an address supported by two-thirds majority of each house of the national assembly praying that s/he be removed for inability to discharge the functions of office or for misconduct or contravention of the code.

Juxtapose it with paragraph 21(b) of the Third Schedule of the 1999 Constitution which gives NJC the unique role of recommending to the President the removal of judicial officers (ie Judges) from office in exercise of NJC’s disciplinary function. In other words NJC has no disciplinary powers over CCT Chairman or members because they are not judicial officers under the prescription of the 1999 Constitution. Hence CCT would have no jurisdiction to assume the role of a court of law. That is it really. What is more the 1999 Constitution listed “judicial officers” and the draftsperson clearly excluded CCT: Please see s318, CFRN
Thank you
Attorney Carol Ajie

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