Senior Advocates of Nigeria have argued that there is a need to
review the laws establishing the Code of Conduct Tribunal.
Chief Mike Ozekhome, SAN, Rotimi Jacobs SAN, and Mr. Ebun-Olu
Adegboruwa (SAN) all supported this during the 1st Plenary Session
with the Topic of Discussion as Code Of Conduct Tribunal- A Clash
Of Judicial and Executive Powers”, at the ongoing 2019 Nigerian Bar
Association Annual General Conference.
Moderated by Prof. Konyinsola Ajayi, Rotimi Jacobs SAN, Senior
Partner of Rotimi Jacobs and Co, stated that the purpose of the
CCT/CCB is to check corrupt practices of public servants in service
and for public servants to display a high level of morality and
accountability.
He noted that the CCT is not an executive body and so should not
be seen as one. He also argued that the Act establishing The CCT
itself is so archaic, that one can’t say whether they are criminal
or civil in nature.
He further added that the provisions of the Act need to be
reviewed to become more potent in fighting corruption in public
offices.
Mr. Ebun-Olu Adegboruwa (SAN in view) on the other hand,
described the CCT as an orphan.
To him, the law is silent on how the other two members of the
tribunal will be appointed. He pointed out that any infraction
carried out by a judicial officer should be referred to the
National Judicial Council to handle first.
”The CCT has no parents, so it lies as an orphan. The funding of
the tribunal is shrouded in some kind of mystery.”
Concluding, he said that the source of CCT’s power is dual, the
CCT 1991 Act established by the Military and the 1999 Constitution,
and they are presently flying in the air.
Chief Olanipekun, SAN, however, said that he does not agree with
Ebun-Olu SAN, on the part where he said that the CCT is under two
statuses. He opined that this is not so because the Constitution
covers the field.
He is of the opinion that a Tribunal that is not reporting to
anyone has so much powers, and this does not augur well with the
people.
He also asked if the CCT obeys a sitting order by a Court of
Superior Record.
Chief Mike Ozekhome, SAN, on the other hand submitted that the
CCT as it is today is an appendage of the executive and so he
likened it to being a Bat, who goes to hold meetings with the
animals, claiming it is an animal like them and still go to hold
meetings with the birds claiming it is a bird too.
According to him, such a body should be subjected to internal
mechanism control by the National Judicial Council.
”The CCT has powers to punish people, but it is not a Court of
Superior Record, not subject to any control of anybody.
”The CCT Act violates the doctrine of “covering the field” and
for one to unbundle the CCT, the 1999 Constitution must be amended.
The CCT is not a Superior Court of law but an inferior tribunal,”
he said.
Describing the nature of the Nigerian judiciary, he said that it
is as one Lion led by 100 sheep, and that it is better to have a
100 sheep led by one Lion.
A participant by the name Mallam Yusuf observed that the problem
of judicial timidity needs to be addressed. According to him, a
body that doesn’t have the powers to convict anyone, why does it
have the powers to grant bail and refuse bail?
Responding to the question and observation, Mr. Ebun-Olu
Adegboruwa, SAN said that once a dispute is declared, the proper
person to handle it must be a judicial officer.
He recommends that the NBA constitute a committee to look into
the CCT so that only judicial officers will be admitted into
it.
The Chief Judge of Edo State, Hon. Justice Frances Ikpome, while
responding to the question on Judicial timidity, advocates for the
financial independence of the Judiciary because that way, Judges
will stop being timid and start becoming courageous.
Concluding, he said that this is so as one cannot fight the hand
that feeds him.