By Yushau A. Shuaib

The recent attempts to forcibly remove the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Yakubu Umar, are profoundly troubling and raise serious concerns about the independence of our key democratic institutions.

According to a highly placed source, there is an apparent plot to force Justice Umar to resign or invade his official residence to install a successor. This would be a blatant violation of the constitutional provisions governing the appointment and removal of the CCT Chairman.

One may easily nurse the fear that the raiding of official residences of some judges during the administration of President Muhammadu Buhari could be replayed under the President Bola Tinubu government.

It would be recalled that in October 2016, Nigeria’s judiciary was plunged into crisis as operatives of the Department of State Security Services (DSS) raided the homes of senior judges in Abuja, Port Harcourt, and Gombe, intimidating them and their families.

At least two targeted judges had previously ruled against the DSS, condemning its disobedience to court orders and lawless actions. The situation drew comparisons to the military era and widespread outrage, with the Nigerian Bar Association (NBA) declaring a state of emergency and calling for the release of detained judges.

Those behind the attempt to remove Umar by hook or crook should realise that the 1999 Constitution (as amended) stipulates that the CCT Chairman and Members are appointed by the President upon the recommendation of the National Judicial Council (NJC), which must have received advice from the Federal Judicial Service Commission (FJSC). The recent announcement of Dr. Mainasara Umar Kogo by a Presidential Spokesperson, Ajuri Ngelale, as the new CCT Chairman did not follow this due process.

Furthermore, the Constitution states that the President can only remove the CCT Chairman and Members upon an address supported by a two-thirds majority of each House of the National Assembly (Senate and House of Representatives) and only on the grounds of inability to discharge functions. The incumbent Chairman, Justice Umar, is in his 50s and does not meet the age requirement for mandatory retirement.

Renowned legal experts, such as Professor Mamman Lawan Yusufari, a Senior Advocate of Nigeria (SAN), have strongly criticised the government’s actions as a clear breach of the Constitution. Yusufari, a former Dean of Faculty Law at Bayero University Kano (BUK), emphasised that the legislature must approve the removal of the CCT Chairman, citing acceptable constitutional grounds such as inability to perform functions or misconduct.

Justice Umar has a reputation for being a courageous and impartial jurist. He has presided over several high-profile cases involving national assembly leadership, governors, top judicial officers, and other public officials. Notably, he discharged and acquitted the then-opposition leader, Asiwaju Bola Ahmed Tinubu, of false declaration of assets and operation of foreign accounts in 2012 after listening to both sides of lawyers’ arguments and despite facing external pressure to convict him.

It was suspected that Tinubu’s prosecution at the tribunal was a bid to block his presidential ambition because Section 137(1)(e) of the Constitution states that “A person shall not be qualified for election to the office of President if, within a period of less than ten years before the date of the election, he has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravening the Code of Conduct.”

After the acquittal, Umar publicly admitted that he faced external pressure to convict the former Lagos State Governor during the trial. He said: “I was under immense influence to convict Tinubu, but I defied the pressure and upheld justice. I swear by the Almighty Allah to do justice. External forces did not sway us, and our judgment was based on the law.”

Furthermore, the Economic and Financial Crimes Commission (EFCC) cleared Umar of corruption allegations in separate letters dated March 5, 2015, and April 20, 2016. The then Chairman Ibrahim Lamorde signed the first letter during the Jonathan administration, while the then Secretary, Emmanuel Adegboyega, signed the second letter during the Buhari administration when Ibrahim Magu was the acting Chairman.

Resorting to underhanded tactics to forcibly sack Justice Umar would not only be undemocratic, but it could also set a dangerous precedent that could undermine the independence of our key institutions. Unless there is compelling evidence of serious wrongdoing, following established rules or allowing the CCT chair to serve his term is the proper action.

President Tinubu must resist the pressure from any cabal and uphold the rule of law. The citizenry deserve to have confidence in our institutions’ integrity, which can only be achieved through a steadfast commitment to due process and the Constitution. The President and the Attorney General, Lateef Fagbemi, should ensure that Justice Umar is not forced out through undemocratic means.

The Secretary to the Government, George Akume, and the President’s Chief of Staff, Femi Gbajabiamila, must ensure that all appointments are thoroughly scrutinised and follow due process before announcements. This is crucial to prevent appointments that may breach the constitution or violate the law, thereby upholding the principles of transparency, accountability, and good governance.

The newly sworn-in Acting Chief Justice of the Federation, Justice Kudirat Kekere-Ekun, hailing from Lagos, bears a significant responsibility to safeguard the independence of the CCT and uphold the integrity of the judiciary as a whole.

It is imperative that she prioritizes the protection of these institutions at all costs, ensuring that they remain free from undue influence and operate in accordance with the principles of justice, fairness, and the rule of law. Any compromise on this front would be a profound disservice to the Nigerian people and a betrayal of our democratic ideals, undermining the very foundationsofournation.

Yushau A. Shuaib is the publisher of PRNigeria

yashuaib@yashuaib.com