A Federal High Court in Abuja on Tuesday ordered the Chairman of the Code of Conduct Tribunal, Danladi Umar, to appear before the Senate over allegations of misconduct brought against him in a public petition.
The court dismissed Umar’s suit instituted against the Senate and others seeking to stop them from investigating him on alleged public misconduct at the Banex Plaza in Abuja on March 29, 2021.
Justice Inyang Ekwo, in his judgment, held that the case of the CCT chairman lacked merit and had no cogent reason to stop the Senate from undertaking its constitutional functions.
Justice Ekwo held that Sections 88 and 89 of the 1999 Constitution, under which the CCT boss sought to be protected by the court, did not confer any protection or refuge on him.
The judge said Umar, being a public officer administering law that relates to the conduct of public officers, had no reason to institute the suit to stop the Senate from investigating a public petition seeking justice on moral standards.
Justice Ekwo said the Code of Conduct Bureau and Code of Conduct Tribunal Act 2010 is established by the Act of the National Assembly and as such, he is subject to investigation by the National Assembly.
Besides, the judge also said Section 2 of the CCB exposes Umar to an investigation by the National Assembly than any other Nigerian, adding that it would be illogical for him to seek to stop the Senate probe, as doing so would give an impression that he is above the law.
Justice Ekwo, therefore, held that the declaratory reliefs sought by Umar for injunction against the Senate could not be granted because the case lacked merit
The CCT Chairman had in his suit marked FHC/ABJ/CS/ 671/2021, challenged the powers of the Senate and three others to investigate him in an alleged assault perpetrated against a security guard at the Banex Plaza in Abuja.
The four defendants in the matter are the Senate, Senate President, Senate Committee on Ethics, Privileges and Public Petitions, and the Attorney General of the Federation.
In the suit filed by his counsel, Mr. Sunday Edward, Umar had asked the court for an order of perpetual injunction restraining the Senate, its members, and agents from conducting or continuing to conduct investigations into the allegations of assault leveled against him via a petition submitted to the Senate.
Specifically, the plaintiff had wanted the court to determine whether the alleged assault formed part of the matters the Senate was constitutionally empowered to investigate.
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