Mamman Yusufari, a senior advocate of Nigeria (SAN), has alleged that due procedure was not followed in the appointment of Mainasara Kogo as chairman of Code of Conduct Tribunal (CCT).
On July 13, President Bola Tinubu appointed Kogo as new CCT chairman to take over from Danladi Umar.
Speaking on the appointment in an interview with PR Nigeria, Yusufari said the 1999 constitution (as amended) states that the CCT chairman and members are appointed by the president based on the national judicial council’s recommendation.
He said the appointment of the CCT chairman is also based on the advice from the Federal Judicial Service Commission.
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He added that the removal of the chairman also requires a two-third majority in each house of the national assembly for either inability to perform duties or reaching 70 years of age.
“I think the presidency must have realised that announcing Mainasara Kogo as chairman of CCT was a mistake because due procedure has not been followed to remove the incumbent, Danladi Yakubu Umar,” Yusufari said.
“The legislature must give a nod to his removal, and there must be acceptable constitutional grounds for the removal, such as inability to perform the functions of the office or misconduct.
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“Umar is in his 50s, so you can not talk about leaving the office on age grounds.
“The realisation of this mistake probably led to the presidency’s inaction after the announcement, which permitted Umar to remain in office.”
Yusufari, who is also the former Dean of faculty of law, Bayero University, Kano, said the rules of appointment and removal are to ensure the offices effectively contribute to public service, governance, and development.
Umar, the former CCT chairman, assumed office in July 2011.
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