Falana writes Dogara, says amending CCT Act unconstitutional
Lagos based Human Rights activist and Senior Advocate of Nigeria (SAN) Femi Falana, has written the Speaker of House of Representatives, Hon. Yakubu Dogara to refrain from supporting current moves by the Senate to amend the Code of Conduct Act (CCT) because it is "unconstitutional". In a letter titled: "Re: Proposed Amendment of the Code […]
Lagos based Human Rights activist and Senior Advocate of Nigeria (SAN) Femi Falana, has written the Speaker of House of Representatives, Hon. Yakubu Dogara to refrain from supporting current moves by the Senate to amend the Code of Conduct Act (CCT) because it is "unconstitutional".
In a letter titled: "Re: Proposed Amendment of the Code of Conduct Bureau and Code of Tribunal Act by the National Assembly", a copy of which was made available to Daily Trust in Lagos, Falana said coming at a time the Senate President, Bukola Saraki has a case with CCT, the move could be best described as "self-serving".
"Our attention has been drawn to the ongoing moves by both chambers of the National Assembly to amend the Code of Conduct and Code of Conduct Tribunal Act (Cap. C15) Laws of the Federation of Nigeria, 2004. (Hereinafter referred to as "the Act"). Although, the House of Representatives has not commenced deliberations on the Bill for the amendment of the Act, the Senate passed it for the second time last week, barely 48 hours after its presentation by its sponsor, Senator Peter Nwaoboshi.
"In view of the ongoing trial of the Senate President, Dr. Bukola Saraki before the Code of Conduct Tribunal over the alleged failure to declare his assets the hasty move to amend the Act is insensitive, suspicious, self-serving and opportunistic. It is also illegal and unconstitutional in several respects," the latter read in part.
Among other things, Falana argued that the extent that the proposed amendment is designed to serve the interests of an individual, it is a violation of section 4(2) of the Constitution which has empowered the National Assembly to make laws "for the peace, order and good government of the Federation or any part thereof…"
The rights activist also argued that notwithstanding that the Senate President has decided not to preside over the plenary in the Senate whenever the bill is being debated the whole exercise is a clear violation of paragraph 1 of the Code of Conduct for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution which stipulates that "A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.