The Chairman of the Code of Conduct
Tribunal (CCT), Mr. Danladi Umar
Two legal practitioners, Olukunle Ogheneovo Edun Esq and
Darlington Ugo Ehirim Esq., have instituted an action before the
Federal High Court in Abuja, pursuant to the Freedom of Information
Act against the Code of Conduct Bureau (CCB), and Chairman of the
Code of Conduct Tribunal, Mr. Danladi Umar.
The case with suit no: FHC/ABJ/CS/28/2019 which was brought by
way of an Originating Summons, pursuant to the provisions of the
Freedom of Information Act, 2011, and other relevant laws is
praying the Honourable Court for reliefs following the refusal of
the Defendants to oblige the plaintiffs the information sought,
which includes amongst others, copies of the Assets and Liabilities
Declarations Forms of the 2nd Defendant and his Children
of the age of 18 years and below, submitted to the code of Conduct
Bureau.
The plaintiffs are seeking from the Court the grant of the
reliefs among others:
A Declaration that by virtue of the provisions of Sections
1,2,3,4,5 and 6 of the Freedom of Information Act, 2011, Paragraph
3 (c) of Part 1 of the 3rd Schedule of the 1999
Constitution of the Federal Republic of Nigeria and Article 9 (1)
of the African Charter on Human and People’s Rights, the
defendants, particularly the 1st Defendant, are under a legal
obligation to provide the plaintiffs within 7 days the information
requested as contained in plaintiff’s letter dated February
5th, 2019, relating to the declared assets and
liabilities of the 2nd Defendant and his children of 18
years and below; that the refusal or neglect to do same is a
violation of the plaintiff’s right; that the failure to avail the
plaintiffs the aforesaid information is deemed to have failed,
refused and/or neglected to file/lodge/submit the mandatory and
duly completed Assets and Liabilities Declaration Forms to the Code
of Conduct Bureau; that a public office or former public officer
who fails/failed to formally declare his Assets and Liabilities and
that of his children of 18 years of age and below is not entitled
to hold/remain in any public office and therefore should be subject
for criminal investigation and prosecution.
The plaintiff also sought for among others AN
ORDER compelling the 1st Defendant to
investigate and /or prosecute/charge the 2nd Defendant
before the Code of Conduct Tribunal for his failure, refusal and/or
neglect to file/submit and/or lodge his completed Assets and
Liabilities Declaration forms, and that of his children of 18 years
of age and below within the statutory period prescribed by
law; AN ORDER suspending the 2nd
Defendant or directing the 2nd Defendant to step aside
in the interim as the Chairman/Member of the Code of Conduct
Tribunal, pending the conclusion of the criminal investigation,
and/or prosecution of the 2nd Defendant.
The Application is supported by an eight paragraph affidavit
deposed to by the first plaintiff, Olukunle Ogheneovo Edun, and a
written address wherein the plaintiff canvassed fine points of law
in support of their argument.
TheNigerialawyer (TNL) recalls that the plaintiffs had earlier
requested from the defendants, copies of the Assets and liabilities
Declarations Forms of the 2nd Defendant (Mr. Danladi
Umar) and his Children of the age of 18 years and below believed to
have been submitted to the code of Conduct Bureau, which was
refused them. Responding to the request, the Chairman of the
Tribunal said that he is only answerable to the President.
2019 Elections: Nigerian Army Constitutes Panel to
Investigate Misconduct of Personnel
As a way of ensuring that NA troops deployed for election
security duties during the 2019 General Elections conducted
themselves within laid down Rules of Engagement and the Code of
Conduct, the NA has set up a 9-member investigative committee,
headed by Maj Gen TA Gagariga with Brig Gen JM Ali, Brig Gen GO
Adeshina, Brig Gen MA Obari, Col AT Bitiyong, Col A Tanko and Col
WA Bakare as members and Lt Col PAJ Ebuk as Secretary to
investigate all allegations of misconduct against the NA during the
just concluded general elections. The committee is to submit its
report not later than 31st of March, 2019.
The committee, which has already commenced action, was
inaugurated by the Chief of Administration (Army), Major General
KAY Isiyaku on behalf of the Chief of Army Staff (COAS ) Lieutenant
General Tukur Yusuf Buratai and admonished to carry out their
duties objectively, fairly and transparently in line with its Terms
of Reference.
The committee’s Terms of Reference centered on thoroughly
investigating the activities, actions and/or inactions of NA
Personnel in all the States that alleged one infraction/wrong doing
or the other.
The Committee is also to collate and thoroughly analyze all
reports to determine the veracity of the allegations including the
alleged assassination attempt on Rivers State Governor and the
circumstances that led to the shooting to death of Lt Kurmi as well
as that leading to serious injuries to an officer and some soldiers
in the State.
The Committee is further mandated to visit all States where
issues have been raised about the conduct of NA during and after
the elections and also interact with Civil Society Organizations,
sister security agencies and State Governors with claims against
the Army.
It would be recalled that the COAS, Lt Gen TY Buratai has on
many fora, consistently (both in words and actions), soundly
indicated that, under his watch, NA personnel must remain
apolitical, respect human rights and abide by the rule of law in
all its official engagements within or outside Nigeria and in or
out of conflict situation. NA troops were deployed for the
elections under Operation SAFE CONDUCT that was set up to provide
support to the NP and other security agencies to ensure hitch free
and successful elections in the country.
The Chairman of the committee, Major General TA Gagariga has
assured the COAS and all Nigerians of the commitee’s commitment,
resolve and determination to objectively and professionally address
the major issues as contained in the Committee’s Terms of
Reference.
SAGIR MUSA
Colonel
Acting Director Army Public Relations