The Senate on Wednesday removed Danladi Umar as the Chairman of the Code of Conduct Bureau, citing gross misconduct in office.
Reacting to the development, the Nigerian Bar Association and Chief Adegboyega Awolomo (SAN), counsel for ex-Chief Justice of Nigeria, Walter Onnoghen, which Umar sacked in 2019, said the Senate’s decision could not be faulted.
Speaking to The PUNCH, the NBA President, Afam Osigwe (SAN), said, “The Constitution says that the chairman of the Code of Conduct Tribunal can be removed by the two-thirds of the Senate, so if the Senate has passed through this process and the President accepts it, then they will remove him. If the constitutional provision for his removal is being followed, then that is okay. It means that the initial announcement that the President removed him is not correct, that the President is now following the constitutionally stipulated procedure for his removal.
“Since the Senate has removed him, that means they have evidence which maybe they considered in their close session to recommend his removal. So, the moment the constitutionally stipulated procedure is being followed one may not be able to question it.”
Also commenting, counsel for Justice Onnoghen, Awomolo, said, “I leave him (Umar) to God and his conscience. May the Lord forgive him.”
The Senate’s decision sacking Umar was made pursuant to Section 157(1) of the Constitution of the Federal Republic of Nigeria (1999, as amended), which empowers the Senate to remove key public officials following due process.
The sacking followed a closed-door session lasting over one and a half hours.
Upon resumption of plenary, the Senate announced that more than 84 lawmakers supported the decision.
The motion leading to Umar’s removal was sponsored by the Senate Leader, Opeyemi Bamidele, who highlighted the pivotal role of the Code of Conduct Tribunal in maintaining high standards of morality and accountability in government.
Bamidele stated, “The Code of Conduct Tribunal, as a statutory institution, is expected to uphold virtues of integrity, probity, and accountability.
“However, Mr. Yakubu Danladi Umar’s conduct has fallen short of these requisite standards for a public officer entrusted with such responsibilities.”
He added that a statutory institution of such magnitude was expected to epitomise moral rectitude and “should be seen to uphold the virtues of integrity, probity, and accountability.”
“However, the conduct of M Yakubu Panladi Umar, who is the chairman of the tribunal, has fallen short of the requisite standard of a public officer to conduct the affairs of such tribunal.”
He added, “The Senate has been inundated with a series of petitions and allegations of corruption/misconduct against the chairman, a situation that necessitated the 9th Senate, through the Senate Committee on Ethics Code of Conduct and Public Petitions, to invite him to a series of its investigative hearings in order to unravel the circumstances surrounding those allegations.
“However, he appeared before the committee only once and thereafter avoided subsequent invitations.”
The Senate Leader added that the Senate was also concerned “about his (Umar’s) alleged absenteeism from office far more than one month, without permission and recuse to his position, coupled with preponderance of corruption allegation, misappropriation, and physical street brawl with a security man in the FCT vis-à-vis his current investigation by the EFCC, ICPC and the DSS.
“All these are tantamount to acts of negligence and gross misconduct, unbecoming of a chairman of such reputable tribunal.”
The Senate had previously summoned Umar to appear before its Committee on Ethics, Code of Conduct, and Public Petitions during the 9th Assembly. While he appeared once, he failed to honour subsequent invitations.
The Senate Leader also referenced the recent confirmation of Abdullahi Usman Bello as the new Chairman of the the CCT.
President Bola Ahmed Tinubu had forwarded Bello’s nomination to the Senate, which was confirmed during the plenary on July 4, 2024.
Section 157(1) of the Constitution stipulates that “The President may remove the Chairman or any member of the Code of Conduct Bureau, acting on an address supported by two-thirds majority of the Senate, for inability to discharge the functions of the office or for misconduct.”
The Senate resolved that invoking this provision was necessary to protect the Tribunal’s integrity and ensure its continued status as a symbol of corporate governance in Nigeria.
Bamidele said the decision underscored the commitment of the 10th Senate to uphold the rule of law and maintain public trust in critical government institutions.
Although enshrined in the Constitution, this is the first time since 1999 that the Senate will be invoking a section in the Constitution to remove any head of statutory agency from office.
Umar, as the CCT Chairman, spearheaded the controversial trial and conviction of former Chief Justice of Nigeria, Justice Walter Onnoghen, for alleged false assets declaration.
He ordered Onnoghen’s removal by President Muhammadu Buhari as well as the freezing of Onnoghen’s bank accounts.
However, the Court of Appeal, in a recent verdict, overturned the decision and ordered the return of Onnoghen’s frozen accounts, in addition to other reliefs contained in an out-of-court settlement between the ex-CJN and the Federal Government.