During the plenary last Wednesday, the Senate adopted a resolution asking President Tinubu to sack Mr Danladi over allegations of corruption and misconduct.
The Senate has admitted it made errors in its resolution advising President Bola Tinubu to remove Umar Danladi as chairman of the Code of Conduct Tribunal (CCT).
During the plenary last Wednesday, the Senate adopted a resolution asking President Tinubu to sack Mr Danladi over allegations of corruption and misconduct.
The resolution was taken in accordance with the provisions of Section 157 (1) of the Nigerian Constitution, which stipulates that ⅔ of the membership of the Senate can advise the president to remove some officials. However, that section does not apply to the CCT chair.
The Senate Leader, Opeyemi Bamidele, sponsored the motion calling for Mr Danladi's removal from office.
However, during Tuesday's plenary, Mr Bamidele said there was a mistake in the earlier resolution of the Senate and subsequently urged his colleagues to rescind and correct the mistakes for the resolution calling for the removal of the CCT chairman to be effective.
What is the error?
Mr Bamidele said the Senate invoked Section 157 (1) of the Constitution as its basis to remove Mr Umar from office, instead of Section 17 (3) which prescribed that the Senate and House of Representatives can present an address supported by ⅔ majority to the president advising him to remove a public officer.
The senate leader noted that the earlier resolution also ought to have been based on Section 22 (3) Code of Conduct Bureau and Tribunal Act 2004.
He therefore asked his colleagues to rescind the earlier constitutional provisions supporting the advice to remove the CCT Chairman and adopt the correct ones.
Mr Bamidele also sought the concurrence of the House of Representatives to the resolution in accordance with the Section 17 (3) and the Nigerian constitution and 22 (3) Code of Conduct Bureau and Tribunal Act 2004, to enable the resolution to take effect.
Onyekach Nwebonyi (APC, Ebonyi Central) seconded the motion.
Parliamentary power
After Mr Nwebonyi seconded the motion to correct the mistake, the Senate President, Godswill Akpabio, put the motion to a vote and all the senators who were present in the chamber voted in support.
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Mr Akpabio then announced a cancellation of the earlier resolution and the adoption of Section 17 (3) of the constitution and 22 (3) Code of Conduct Bureau and Tribunal Act 2004, to call for Mr Danladi's removal effective.
The senate president noted that the correction does not invalidate the Senate's resolution advising the president to sack Mr Danladi as CCT chairman.
"This correction of the section does not in any way invalidate what the Parliament has done. We stand by what we did, that's why I put that piece up," he said
Mr Akpabio also spoke on the constitutional power of the Nigerian legislature to make law.
"The parliament, when I was a young lawyer, and I was being taught in the Nigerian Law School, when it was only one law school, they even said that the parliament can turn a man into a woman, and a woman into a man.
"When the parliament takes a decision, it must be respected. The parliament makes the law, the judiciary interprets the law, but we are the ones that guide, as far as legal matters are concerned," he said.
PREMIUM TIMES had earlier reported that the Senate blundered in adopting the motion for the removal of the CCT chairman.
This newspaper also reported that the House of Representatives passed a motion removing Mr Danladi from office. The lower chamber, however, adopted the motion without meeting the constitutional threshold.
