The Chairman, Senate Committee on Rules and Business, Senator Jide Omoworare, has warned that the Senate’s attempt to amend the Act setting up the Code of Conduct Bureau and Tribunal will whittle down their powers to that of a Magistrates’ Court.
He described the planned amendment, including that of the Administration of Criminal Justice Act (ACJA) 2015, as legally strange, sacrilegious and “a legislative desecration of the hallowed red chambers.”
“Let me say ab initio without mincing words that I oppose the Bill in toto on points of law and I am averse to same for moral reasons, having taken more than a cursory look at the Constitution, Code of Conduct Bureau and Tribunal Act, the Bill in question and the lead debate of Senator Nwaoboshi,” the Senator said.
He also warned the Senate against passing another bill, Senate Bill 249 – A Bill for an Act to Amend the Administration of Criminal Justice Act, 2015; and for Other Related Matters by Senator Isah Misau.
Omoworare identified the bill as having several negative implications for the judicial system, including the prevention of the ACJA from applying to Courts-Martial and other courts and tribunals not listed in Section 6 (6) of the Constitution.
He said the proposed amendment of the ACJA would remove the Code of Conduct Tribunal from courts that the ACJA provisions would be applied.
Omoworare added: “Lest we forget, the ACJA, passed by the Seventh Senate, enables matters to be expeditiously prosecuted. Trials are now meant to be taken “day by day” instead of the grant of long adjournments.
“Furthermore, gone were the days when an interlocutory appeal is filed, and a stay of proceedings is obtained until the interlocutory appeal is dispensed with.”
He continued: “My opposition to the CCB&T Amendment Bill and the ACJA Amendment Bill is that they will make the CCT a glorified Magistrate Court, which it is not. The ACJA will stop applying to it.”
The Senator admitted that the CCT was not listed in Section 6 of the Constitution, but advised the upper chamber to add it to the list through a constitutional amendment.
“Already, the CCT exercises criminal jurisdiction,” he added, saying: “This is so because the proceedings before the tribunal is criminal proceedings similar to the courts listed under Section 6(6). And most importantly, the Constitution gives the Code of Conduct Tribunal power to impose punishment under Paragraph 18(2) of the Fifth Schedule, Part 1 to the Constitution.”
He faulted the argument that because the Long Title of the CCB&T Bill did not contain the word “Crime,” it did not envisage criminal proceedings at the CCT, adding that “the Supreme Court had ruled against the Senate president that the Code of Conduct Tribunal is a court of law.”
“If the Administration of Justice Act, 2015 is not applicable to the proceedings of the tribunal, which rules of procedure will be applicable?” Omoworare wondered.
“So there will be a serious lacuna if the sponsors of this Bill succeed in seeing that the amendment is passed and becomes law,” he added.
Omoworare reminded the sponsors that “any matter pending at the moment cannot be affected by any amendment. Any law with criminal flavour cannot have a retrospective effect.”
He described the timing of the amendments “injurious, and the acts self-seeking and self-regarding,” adding that the deputy Senate president sat on the day the second reading came up, “without impugning on Order 53, Rule 7 of the Senate Standing Rules – which forbids imputation of “improper” motives to any other Senator.”
“This alone does not satisfy the strict test of nemo judex in causa sua (a judge does not sit in his own cause) on the part of the Senate president, but also on the part of the entire Senate.
“The Senate president and the Senate as a whole will be judged in the public space as suffering from desperation of no small proportion.”
