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Court sacks Code of Conduct Bureau Chairman, Board members

By News Express on 30/04/2017

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 •Sacked CCB Chairman Sam Saba.
•Sacked CCB Chairman Sam Saba.

Justice Binta Nyako of the Federal High Court, Abuja has sacked the Chairman of the Code of Conduct Bureau (CCB) Sam Saba and nine other members of the organisation’s board.

Justice Nyako in a judgment Friday held that the five-year tenure of the CCB board expired on April 2015.

The judgment was on a suit marked: FHC/ABJ/CS/411/2016 filed by a group – Kingdom Human Rights Foundation International (KGRFI) led by Okere Nnamdi.

Justice Nyako was of the view that by virtue of section  155 (1) (c) and Paragraph  1, Part 1, Third Schedule of the  1999 Constitution (as amended), Saba and others, all of whom were appointed in 2010, were only entitled to stay in office for five years.

The judge declined to issue an order compelling the President to remove and replace Saba and the nine other board members, as prayed by the plaintiff.

She however, directed the AGF to advise the President on the state of the tenure of members of the CCB board.

Justice Nyako particularly granted the prayer for “a declaration of the honourable court that the tenure of office  of  the Chairman and nine other members of the Code of Conduct  Bureau  has elapsed since April 2015;  in view  of section  155 (1) (c) and Paragraph  1, Part 1, Third Schedule of the  1999 Constitution (as amended).”

The judge granted partially, the two other main reliefs in which the plaintiff sought a declaration that the AGF had failed in his responsibility by not advising the President on the expiration of the tenure of the Chairman and members of the CCB.

Justice Nyako directed the AGF to give the President the needed advice on the issue.

The judge declined to grant the consequential reliefs sought by the plaintiff, seeking orders of mandamus compelling the President to remove and appointment replacement for  Saba and others.

Justice Nyako said such reliefs seeking an order of mandamus could only brought under an application for judicial review not under an originating summons as filed in the case.

The judge also rejected the plaintiff’s the prayer for an order of mandamus directing the Independent Corrupt Practices and  other Related Offences Commission and the Economic  and Financial  Crimes Commission “to immediately arrest, investigate and prosecute  the Chairman and nine other members of the CCB” for allegedly pertuating themselves in office fraudulently.

Defendants in the suit were President Muhammadu Buhari, the AGF and the CCB. (The Nation)

Source News Express

Posted 30/04/2017 05:27:14 AM

 

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