As long as the Code of Conduct Tribunal remains tied to the apron strings of the Presidency, it can never act independently, hence there is a high tendency for its decisions to be subject to the whims and caprices of that arm of government.
According to a statement issued by its Director of Information, Soji Oye, the extension was approved on April 18, at the 88th meeting of the NJC, in line with Buhari’s request. The statement, however, debunked reports from some quarters that the council would meet next week to deliberate on the extension of Muhammad’s appointment as the acting CJN.It would be recalled that Muhammad was appointed on January 25, following the suspension of Justice Onnoghen as the CJN by Buhari.
Also, “Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of Sub-section of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.”
According to him, undue interference in the work of the tribunal was more evident when Danladi Umar and other members of the tribunal granted, an ex-parte order removing Justice Onnoghen as CJN on January 23, 2019.
“There have been arguments over the generic nature of the CCT. Once its status as a judicial body is a creation of statute under the Constitution, its very nature as a judicial organ cannot by any stretch of imagination be a tool in the hands of the executive. A law lecturer at the University of Nigeria, Nsukka, Uju Peace Okeke, expressed doubt about the capacity of the CCT to be fair and independent under the current enabling law.
“Furthermore, considering the powers conferred on the CCT, it is best that it is brought under the judiciary proper with Nigerians having the right and opportunity to institute actions bothering on code of conduct. That way, it will truly serve its purpose,” she declared. Partner, Perchstone and Graeys, Lagos, Mr. Folabi Kuti believes that it is not so much of the structure of the CCT, but the independence from interference of the executive and/or the judiciary itself.
His words: “The courts have clearly explained that there is a difference between the Federal Government of Nigeria and the Federal Republic of Nigeria .
nah today
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