A leadership tussle has erupted at the Code of Conduct Tribunal (CCT), as embattled chairman Danladi Umar and newly appointed chairman Mainasara Kogo both lay claim to the top position.
Reports indicate that both Umar and Kogo have held discussions with tribunal staff, leaving workers uncertain about who is officially in charge.
Background
President Bola Ahmed Tinubu announced Kogo’s appointment as CCT chairman on July 13, 2024, alongside other key appointments, including the new Director-General of the National Pension Commission (PenCom).
However, the controversy surrounding Umar’s alleged removal has stalled clarity at the tribunal, even as corruption cases involving public officials continue.
Staff Express Confusion
Tribunal staff have expressed frustration over the lack of direction. A senior staff member, speaking anonymously, said, “We are civil servants and will work with whoever is officially recognized. However, we haven’t seen any formal communication regarding these changes.”
They also highlighted a backlog of pending cases, with hearings now postponed until January due to the ongoing uncertainty.
Umar’s Removal and Legislative Endorsement
Both the Senate and House of Representatives endorsed Umar’s removal in November 2024, citing allegations of misconduct and corruption. The resolutions were based on constitutional provisions requiring a two-thirds majority vote from both legislative chambers.
However, legal experts argue that the removal process was flawed. According to Section 17 (3) of the Fifth Schedule of the Nigerian Constitution, a CCT chairman can only be removed by the president after approval by both houses of the National Assembly.
Legal and Procedural Concerns
Several lawyers have questioned the legality of the situation.
Sanusi Musa (SAN) emphasized that the president’s announcement did not follow due process, and no formal communication about Umar’s removal has been issued. He also pointed out that Kogo’s appointment lacks confirmation from the National Judicial Council (NJC) and inauguration, leaving the process incomplete.
Similarly, Dayo Akinlaja (SAN) noted, “If Kogo has not received a formal appointment letter, his claim to the chairmanship is not binding. Removal should be handled legally, not through arbitrary actions.”
Haroun Eze, Esq, added that the National Assembly’s resolutions might not fully comply with the provisions of the Code of Conduct Tribunal Act. He argued that the Attorney General of the Federation should have initiated a case of misconduct against Umar before the legislative resolutions.
Legal Challenge
The controversy is further complicated by a lawsuit filed at the Federal High Court in Abuja. Groups such as the Community Rescue Initiative and the Toro Concerned Citizens argue that the legislative resolutions endorsing Umar’s removal are unconstitutional.
Next Steps
With the judiciary currently on holiday and tribunal staff awaiting clarity, the leadership crisis at the CCT remains unresolved. Legal experts have urged the parties involved to adhere to constitutional and judicial processes to resolve the impasse.
This leadership vacuum underscores the need for proper adherence to legal frameworks to maintain institutional integrity.