The Chairman of the Presidential Advisory Committee against Corruption, Professor Itse Sagay (SAN), and human rights lawyer, Mr. Femi Falana (SAN), have described as a recipe for promoting corruption, the move by the Senate to amend the law setting up the Code of Conduct Bureau and the Code of Conduct Tribunal, with a view to whittling down the agencies’ powers.
The Senior Advocates of Nigeria said the commencement of the amendment of the Act, establishing the CCB and CCT by the Senate, had exposed the intention of the country’s legislators to encourage corrupt practices and shield corrupt leaders from prosecution.
This was even as the Senate, had on Thursday, passed for second reading, a bill for to amend the CCB and Tribunal Act barely 48 hours after its presentation by the sponsor, Senator Peter Nwaoboshi, (Peoples Democratic Party, Delta North), on the floor of the upper chamber.
It has also set Tuesday next week to begin deliberation on another bill meant to amend the Administration of Criminal Justice Act that will remove the powers of the CCT to try criminal cases. Both bills were presented on the floor of the upper chamber and read for the first time on Tuesday.
Some observers wondered if the rush to pass the bill to amend the CCB Act was not a ploy by the red chamber to frustrate the current trial of the Senate President, Bukola Saraki, at the CCT.
The Senate President is facing criminal prosecution for alleged false and anticipatory asset declaration during his tenure as the Kwara State governor between 2003 and 2011.
Saraki had instituted serial suits at the Federal High Court in Abuja, where he had challenged the constitution of the CCT to try his case.
Professor Sagay said the move by the senators had exposed the level of lack of moral integrity on the part of the members of the red chamber.
“It’s a surprise to me, because I really don’t know that our mentality has degenerated to such a level of self-service that the people, who were sent to the National Assembly to make laws for the benefit of all Nigerians, have started a process that will allow a complete crisis; an Act that corruption cannot be prosecuted.
“To me, this is the highest level of shameless misconduct by the generality of the members of the red chamber. Obviously, there is no limit to the level of disgusting things they can do.”
Falana, in his reaction, described the proposed amendment of the CCB/T Act and the ACJ Act as an ill wind that would blow no good to those behind it.
He said that the proposed amendment amounted to a conflict of interest because it was being proposed because of one man.
He, however, pointed out that even if the amendment succeeded, by virtue of the provisions of the constitution, it would not have a retroactive effect, adding that it would not have any effect on cases already pending in court.
“Any amendment of the law under the constitution cannot and will not have retrospective effect. The amendment will not have any effect on pending cases in court.
“The excuse being advanced for the devilish agenda is jejune because the CCT, whose members are screened for appointment by the Senate, cannot be said to be under the office of the Secretary to the Government of the Federation.
“The proposed amendment also amounts to a conflict of interest because you cannot, because of one man, amend the law of the land. It will amount to an exercise in futility.” [myad]
