Posted by News Express | 30 April 2017 | 2,334 times
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)
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