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Tinubu, AGF, Akpabio dragged to court over removal of CCT chair, Danladi Umar
President Bola Tinubu, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and Senate President, Godswill Akpabio, have been dragged before a Federal High Court in Abuja over the alleged unlawful removal of Justice Danladi Umar as Chairman of the Code of Conduct Tribunal (CCT).
The President and 10 others were sued by two civil society groups, Community Rescue Initiative and Toro Concerned Citizens Relief Foundation, as well as an Abuja based lawyer, Comrade Nasir Bala.
The three plaintiffs are praying the court to restrain the Clerk of the National Assembly from transmitting to Tinubu, the concurrent resolution of the Senate and House of Representatives which removed Umar as Chairman of the Code of Conduct Tribunal.
They are also praying the court to stop the President from giving effect to the resolution of the two chambers of the National Assembly, on the grounds that clear provisions of the law, especially the 1999 Constitution, were not followed in the purported removal of the CCT boss.
Among others, the plaintiffs are seeking seven declarative reliefs against the President and the other defendants.
The suit marked: FHC/ABJ/CS/1796/2024, was instituted on behalf of the plaintiffs by Mahmoud M. Maidoki Esq., A.G Salisu Esq., Jibrin S. Jibrin Baq., and Abubakar S. Idris Bag.
In faulting the action of the National Assembly, the plaintiffs asked the Federal High Court to determine the following:
“Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.
“Whether by virtue of the provisions of Sections 1(1) and (3) , 6(5), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported concurrence by the 6” Defendant with the decision/resolution of the 4 Defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at 4th Defendant’s plenary of the 20th November 2024 or any other date for that matter which said concurrence was taken at the 6th Defendant’s Plenary of 26th November 2024 is illegal, void, unconstitutional and of no effect whatsoever same having been founded on a faulty legal foundation and in breach/violation of section 22 (3) of the Code of Conduct Bureau & Tribunal Act and paragraph 17 (3) of the 5th Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Whether by virtue of the provisions of Paragraph 17 (1) of the 5th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 20 (1) and (4) of the Code of Conduct Bureau & Tribunal Act and the subsistence of the occupation of the office of the Chairman of the Code of Conduct Tribunal by Hon. Justice Danladi Yakubu Umar, the purported appointment and subsequent confirmation of the 10th or 11th Defendants into the same office by the 1st and 4th Defendants, respectively, is illegal, void, unconstitutional and of no effect same having been done in clear breach of the applicable provisions of the 1999 Constitution (Supra) and the Code of Conduct and Tribunal Act (Supra).
“Whether the purported removal of the chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Yakubu Umar as done by the 4th Defendant based on the motion and submission founded by distinguished Senator Opeyemi Bamidele during its plenary of 20th November 2024 and the subsequent concurrence by the 6th Defendant on 26th November, 2024 at its plenary has occasioned/amounted to a breach of Section 36(1) and Section 6 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as the allegations of misconduct among others which formed the basis of the resolution/decision in issue has not been proved/established in the manner prescribed by law.”
The plaintiffs noted that if the above questions are answered in the affirmative, the court should declare
that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third Schedule thereof, the purported removal of the Chairman of the Code of Conduct Tribunal by the 4th Defendant is illegal, void, unconstitutional and of no effect whatsoever, same having been made pursuant to the provisions of section 157 (1) of the 1999 Constitution or any other law for that matter.
Other declarations and orders sought by the plaintiffs are:
“A DECLARATION that by virtue of the provisions of Sections 1(1) and (3), 6(6), 153 (1) (e) & (i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as Paragraph 13 (a) (vii) and (b) of the Third – Schedule thereof, the purported concurrence by the 6th Defendant with the decision/resolution of the 4th Defendant purportedly removing the chairman of the Code of Conduct Tribunal taken at 4tj Defendant’s plenary of the 20th November 2024 or any other date for that matter which said concurrence was taken at the 6th Defendant’s Plenary of 26th November 2024 is illegal, void, unconstitutional and of no effect whatsoever same having been founded on a faulty legal foundation and in breach/violation of section 22 (3) of the Code of Conduct Bureau & Tribunal Act and paragraph 17 (3) of the 5® Schedule of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“A DECLARATION that by virtue of the provisions of Paragraph 17 (1) of the 5th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 20 (1) and (4) of the Code of Conduct Bureau & Tribunal Act and the subsistence of the occupation of the office of the Chairman of the Code of Conduct Tribunal by Hon. Justice Danladi Yakubu Umar, the purported appointment and subsequent confirmation of the 10th or 11th Defendants into the same office by the 1st and 4th Defendants, respectively, is illegal, void, unconstitutional and of no effect same having been done in clear breach of the applicable provisions of the 1999 Constitution (Supra) and the Code of Conduct and Tribunal Act (Supra).
“A DECLARATION that the purported removal of the chairman of the Code of Conduct Tribunal in the person of Hon. Justice Danladi Yakubu Umar as done by the 4’th Defendant based on the motion and submission founded by distinguished Senator Opeyemi Bamidele during its plenary of 20th November 2024 and the subsequent concurrence by the 6th Defendant on 26th November, 2024 at its plenary has occasioned/amounted to a breach of Section 36(1) and Section 6 (6) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as the allegations of misconduct among others which formed the basis of the resolution/decision in issue has not been proved/established in the manner prescribed by law.
“AN ORDER restraining the 7th Defendant from communicating the resolution’ of the 4th and 6th Defendants removing the chairman of the Code of Conduct Tribunal in person of Hon. Justice Danladi Yakubu Umar to the 1st Defendant the removal having been done without following the due process of law.
“AN ORDER restraining the 8th and 9th Defendants from considering any person including the 10th or 11th Defendant for appointment by the 1st Defendant and subsequent confirmation by the 4th and 6th Defendants during, the subsistence of term of office of Hon. Justice Danladi Yakubu Umar.”
Meanwhile Justice James Omotosho, who is to adjudicate in the matter, has ordered that the process in respect be served by substituted means through pasting at the notice board of the court, the APC secretariat and Office of Secretary to the Government of the Federation.
The court further adjourned the suit to January 14, 2025, for hearing.
Barely two months after a Sikorsky SK76 helicopter operated by East Aviation crashed in Port Harcourt, the Nigerian Safety Investigation Bureau has disclosed that its handlers violated several of the Nigeria Civil Aviation Regulations directives.
Although the bureau was silent on whether or not the vices led to the unfortunate incident, the act shows gaps in the regulatory duties of the NCAR.
The helicopter, which was contracted by the Nigerian National Petroleum Company Limited, plunged into the Atlantic Ocean near Bonny Finima, off the coast of Calabar on October 24, with six passengers and two crew members.
Five bodies of the eight victims have been recovered while the remaining three are still yet to be found.
While reeling out the preliminary findings of the bureau on the accident, The Director-General of NSIB, Alex Badeh, on Tuesday told journalists in Abuja that the crashed helicopter was not fitted with a Flight Data Recorder, a violation of the Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) Act 2023
Badeh added that the helicopter crew members used non-standard phraseology throughout the flight.
The preliminary findings of the bureau read partly, “The helicopter was fitted with a solid-state cockpit voice recorder; The helicopter was not fitted with a Flight Data Recorder; although Part 7.8.2.2(q) of Nigeria Civil Aviation Regulations (Nig. CARs) 2023 requires that FDR shall be fitted on the helicopter; The flight crew used non-standard phraseology throughout the flight.”
The report further reads; “There were no standard callouts for the various phases of the flight; The helicopter Radio Altimeter (Rad alt) was snagged and deferred on October 18, 2024, six days before the accident; No dew point data was reported in the weather information passed to 5N-BQG on the day of the occurrence.”
While speaking on the causes of the crash, Badeh explained that the investigators discovered that it appeared to be “Struggling to gain balance right before crashing into the ocean.”
He further noted that the crew’s struggle was followed by an aural warning from the aircraft, “Bank angle, Bank angle,” which was the last recorded data on the Cockpit Voice Recorder with smoke emanating from the engine before it ditched into the water.
Other reports released by the NSIB include a final report on the serious accidents involving Beech Baron 58 aircraft operated by Nigerian College of Aviation Technology, Zaria with nationality and registration marks 5N-CAG, which occurred on runway 5 at General Hassan Usman Katsina International Airport, Kaduna on December 31, 2022 and five other incidents.
The NSIB, however, charged the NCAA to ensure strict compliance with the Nigerian Civil Aviation Regulations (Nig. CARs) 2023 part 7.8.2.2(q) which requires that all helicopters with a maximum take-off mass over 3175 kg and up to 7000 kg be fitted with a Flight Data Recorder.
Kaduna State Governor, Senator Uba Sani, has reinstated ownership of two properties previously revoked from the family of the late military dictator, Gen. Sani Abacha, during the administration of his predecessor, Nasir El-Rufai.
The properties, located at No. 9 Abakpa GRA and No. 1 Degel Road, Ungwan Rimi GRA, in Kaduna, had been seized in 2022 following allegations of breaches of occupancy terms under the Land Use Act.
Speaking on Tuesday, Abacha family lawyer, Reuben Atabo (SAN), confirmed the reinstatement, describing it as a significant development.
The revocation, which was widely publicised in newspapers on April 28, 2022, included the late Abacha’s name as item 34 among those affected.
Atabo said the move had caused “embarrassment” to the Abacha family, prompting legal action against the state government.
Governor Sani, however, reversed the revocation in two separate letters dated December 10, 2024, through the Kaduna Geographic Information Service.
Both letters, signed by Mustapha Haruna on behalf of the Director General of KADGIS, directed the family to settle outstanding fees and charges as a condition for reinstatement.
One of the letters reads: “His Excellency, the Governor of Kaduna State, has in the powers conferred on him under the Land Use Act 1978, reinstated the aforementioned title… Subject to strict condition of settling all outstanding fees and charges.”
The Abacha family, through Atabo, welcomed the decision, describing it as a gesture of fairness and justice.
The reinstatement marks a shift from El-Rufai’s administration, which had cited “various contraventions” as the basis for revoking the properties.
The Corporate Affairs Commission (CAC) has deregistered over 300,000 dormant companies within a year to sanitise the nation’s corporate registration system.
The Registrar General, Hussaini Ishaq Magaji (SAN), announced this in an exclusive interview with The Nation in Abuja.
Magaji said: “From October 16, 2023, when I assumed office, to date, we have witnessed an extraordinary level of deregistration. In December 2023 alone, we deregistered over 100,000 companies. By February 2024, another 100,000 companies were removed, and recently, we deregistered an additional 100,000.”
The CAC boss explained that the deregistered entities had remained inactive, failing to file annual returns for over a decade.
According to him, some of the companies posed risks to the economy, as they could be used for fraudulent activities.
He said: “Our challenge is that we are not even deregistering in millions. This is because, as I earlier told you, business registration in Nigeria started since sometime around 1912. And what we have in our portal is from 2021. So, you can see the barrier.
“All the historical records from that year to this year are not on the portal. We are onboarding them gradually. When we complete our task, we will then have the total number of the dormant companies and they will go.
“Our system is integrated with critical agencies, such as the Federal Inland Revenue Service (FIRS), security agencies, embassies, and banks. Once a company is marked as inactive on our portal, it cannot access banking services, process embassy documents, or engage in other operations,” he said.
Magaji explained the legal framework supporting these actions, saying: “If a company remains dormant for over 10 years, we are empowered to deregister it. Additionally, even if a company has been inactive for two years without filing annual returns, I can deregister it under the law.”
The registrar general attributed the success of CAC’s measures to the political will of the Federal Government.
He added: “We have been given a free hand by Mr. President and the supervising minister to carry out our duties without interference. This has enabled us to act boldly and decisively.”
Magaji dismissed the claims that a significant number of companies were folding up due to insolvency or economic challenges.
The CAC boss described such assertions as exaggerated.
He added: “While some businesses apply for voluntary winding up, the numbers of such companies are negligible. Many of these cases arise from changes in business focus rather than economic difficulties. For instance, a company like Nokia transitioned from producing phones to manufacturing vehicle tyres.”
Magaji noted that technological advancements and shifts in business strategies were driving many companies to restructure rather than exit the market.
He said CAC hosts Nigeria’s Beneficial Ownership Register, a platform providing free access to information about companies and their significant controllers.
“Nigeria is one of the global leaders in implementing the beneficial ownership register. We are hosting the register at bor.cac.gov.ng. This transparency ensures that even individuals with indirect control of a company must disclose their interest within 30 days,” he said.
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