The court dismissed Mr Umar’s suit because it lacked merit as the CCT chairman had no cogent reason to stop the Senate from carrying out its constitutional functions.
The Abuja Division of the Federal High Court has ordered the chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, to appear before the Senate in a probe of allegations of misconduct brought against him.
Justice Inyang Ekwo gave the order on Tuesday while delivering judgment in a suit filed by Mr Umar, challenging the powers of the Senate to investigate the alleged assault and misconduct petition brought against him by a security guard.
The court dismissed Mr Umar’s suit because it lacked merit as the CCT chairman had no cogent reason to stop the Senate from carrying out its constitutional functions.
Mr Ekwo held that Sections 88 and 89 of the 1999 constitution under which the CCT boss sought protection by the court did not confer any protection or refuge on him.
The judge also held that the Code of Conduct Bureau and Code of Conduct Tribunal Act 2010 were established by the Act of the National Assembly. As such, Mr Umar was subject to investigation by the National Assembly.
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The judge further said section 2 of the Code of Conduct Bureau Act exposed Mr Umar to an investigation by the National Assembly than any other Nigerian.
“As such, it will be illogical for him (Umar) to seek to stop the senate probe as doing so will give an impression that he is above the law.”
The CCT chairman had, in a suit marked FHC/ABJ/CS/ 671/2021, challenged the powers of the Senate and three others to investigate him in an alleged assault he perpetrated against a security guard on March 29, 2021, at Banex Plaza in Abuja.
The four defendants in the matter were the Senate, the Senate President, the Senate Committee on Ethics, Privileges and Public Petitions and the Attorney-General of the Federation.
He specifically asked the court to determine whether the alleged case of assault formed part of the matters the Senate was constitutionally empowered to investigate.
However, counsel to the Senate, Kafayat Suleyman, had urged the court to dismiss the suit on the grounds that the Senate had powers under Section 88 of the Constitution to investigate alleged misconduct by any public officer.
On May 4, 2021, Mr Umar appeared before the Senate Committee on Ethics, Privileges and Public Petition.
This was in response to a petition submitted against him by Clement Sagwak, a security guard he allegedly assaulted.
Mr Sagwak had, through his counsel, Timzing Ramnap, petitioned the Senate where he accused Mr Umar of assaulting him.
(NAN)