Hon. Justice Mutala Nyako of the Federal High Court Abuja yesterday sacked the Chairman and nine other members of the Code of Conduct Bureau, in a public interest suit filed by Kingdom Human rights Foundation International. The Foundation had instituted a suit against the Chairman and members of the Code of Conduct Bureau on the unconstitutional stay in office contrary to section 155 (c ) of the 1999 constitution.
In suit no:FHC/ABJ/CS/411/2016 between Incorporated Trustees of Kingdom Human Rights Foundation Int’l Vs President Federal Republic of Nigeria and two others, the organization prayed the court to determine the following questions of law.
1. WHETHER OR NOT 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).
2. WHETHER OR NOT the Chairman and nine other members of the Code of Conduct Bureau has illegally and fraudulently perpetrated themselves into office and thereby illegally collected salaries and emoluments; and illegally and unconstitutionally performed the functions of the offices they illegally occupy, contrary to constitutional provisions.
3. WHETHER OR NOT the Attorney General of the Federation has failed to perform in his responsibility by failing to advise the President on the expiration of the tenure of the Chairman and members of the Code of Conduct Bureau and for taking the position that section 155 ( c) of the 1999 constitution is not applicable in determining the tenure of office of members of CCB.
AND UPON THE DETERMINATION OF THE ABOVE QUESTIONS, THE PLAINTIFFS ARE SEEKING THE FOLLOWING DECLARATIONS:
1. 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).
2. DECLARATION OF THE HONOURABLE COURT THAT the Chairman and nine other members of the Code of Conduct Bureau has illegally and fraudulently perpetrated themselves into office and thereby illegally collected salaries and emoluments from the Federal Government of Nigeria and illegally and unconstitutionally performed the functions of the offices they illegally occupy; contrary to constitutional provisions.
3. DECLARATION OF THE HONOURABLE COURT THAT the Attorney General of the Federation has failed to perform in his responsibility by failing to advise the President on the expiration of the tenure of the Chairman and members of the Code of Conduct Bureau and for taking the position that section 155 ( c) of the 1999 constitution is not applicable in determining the tenure of office of members of CCB.
AND UPON THE FOLLOWING DECLARATIONS, THE PLAINTIFFS ARE SEEKING THE FOLLOWING ORDERS:
(a) AN ORDER OF THE COURT DIRECTING/COMPELLING the Chairman and nine other members of the Code of Conduct Bureau to vacate their offices, which they illegally occupy with immediate effect.
(b) AN ORDER OF MANDAMUS COMPELLING the Chairman and nine other members of the Code of Conduct Bureau to return to the Federation account, all salaries, allowances, and emoluments they illegally collected between the April 2015 to June 2016; and from June 2016 till the dependency of this suit.
(c) AN ORDER OF MANDAMUS COMPELLING/MANDATING the President Federal Republic of Nigeria to perform his constitutional mandate of appointing new Chairman and members of the Code of Conduct Bureau in accordance with constitutional provision.
(d) AN ORDER OF MANDAMUS COMPELLING/MANDATING the Independent Corrupt Practices and other Related Offences and the Economic and Financial Crimes Commission to immediately arrest, investigate and prosecute the Chairman and nine other members of the Code of Conduct Bureau for knowingly, intentionally and fraudulently conspiring to perpetrate themselves into office, by pretending that they are ignorant of section 155 (1) (c) of the Constitution.
(e) AN ORDER OF MANDAMUS COMPELLING/MANDATING the President Federal Republic of Nigeria to perform his constitutional mandate of appointing new Attorney General of the Federation on the grounds that the incumbent Attorney General has demonstrated incompetence to handle the office.
(f) AND SUCH OTHER ORDERS as the Court may deem fit to make in the circumstance of the case.
In Her considered judgment, the Hon. Court held that the provisions of section 155(1) (c ) of the 1999 constitution is clear and unambiguous to the extent that the tenure of the Chairman and nine other members is five years. The court determined all the issues south for determination in favour of the plaintiff and also granted the reliefs sought.
The Court also upheld plaintiff counsel submission that the overstay in office is against public morality , particularly of a government agency that is established to establish and maintain high standard of public morality in the conduct of government business and to ensure that the action and behavior of public officers conform to the highest standard of public morality and accountability.
The certified true copy of the enrolled judgment would be made available next week, as the Hon. Court promised.
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