Lawyer and human rights activist, Mr. Femi Falana (SAN), has branded as
illegal the ongoing efforts by the two chambers of the National
Assembly to amend the Code of Conduct Bureau and Code of Conduct
Tribunal Act. In a letter to the Speaker of the House of Representatives,
Yakubu Dogara, Falana said though the House of Representatives has not
started deliberations on the bill for the proposed amendment, Falana advised
Dogara not to lend support to the illegal amendment of the Act.

The letter also urged the Speaker to remind members of the House that when
the Corrupt Practices and other Related Offences Act 2000 was amended in
2003 on account of the investigation of allegations of corrupt practices
involving the leadership of the Senate, the Federal High Court set aside the
amendment as it violated the Constitution.

The same fate warned the letter, awaits the Bill to amend the CCB and CCT Act.
It urged the House to persuade the Senate to terminate further debates on the
Bill, which it passed it for second reading last week, barely 48 hours after its
presentation by its sponsor, Senator Peter Nwaoboshi.

Falana, who described the proposed amendment as hasty, added that the fact
that it has coincided with the trial of the Senate President, Dr. Bukola Saraki,
by the Code of Conduct Tribunal (CCT) for alleged false assets declaration is
an indication of insensitivity and opportunism by the National Assembly.
"It is insensitive, suspicious, self-serving and opportunistic. It is also illegal
and unconstitutional in several respects," the letter read.

Falana contended that the illegality of the proposed amendment is inherent in
its design to serve the interests of an individual, a fact that violates Section
4(2) of the Constitution, which has empowered the National Assembly to
make laws "for the peace, order and good government of the Federation or any
part thereof..."

The letter, which was copied to Saraki, also pointed out the Senate President's
decision not to preside over the plenary session whenever the bill comes up
for debate violates the Code of Conduct for Public Officers.
"The whole exercise is a clear violation of paragraph 1 of the Code of Conduct
for Public Officers enshrined in Part 1 of the Fifth Schedule to the Constitution,
which stipulates that 'A public officer shall not put himself in a position where
his personal interest conflicts with his duties and responsibilities, ' the letter
stated.

Falana also argued that Section 3 of Act, which the National Assembly seeks
to amend, is already invalid and inoperative.

"Senator Nwaoboshi was reported to have said that he was proposing an
amendment to Section 3 of the Act to provide 'for an opportunity for the
person whose rights and obligations may be affected to make representations
to the administering authority before that authority makes the decision
affecting that person.'.

"With respect, Section 3 of the Act is in pari materia with Paragraph 3(e) of
Part 1 of the Third Schedule to the Constitution. To that extent, Section 3 of
the Act is inoperative and invalid in every material particular," the letter added.
Citing the matter of Attorney-General of Abia v Attorney-General of the
Federation (2001) 17 WRN 1, Falana said the Supreme Court held thus: "
Where the provision in the Act is within the legislative powers of the National
Assembly, but the Constitution is found to have already made the same or
similar provision, then the new provision will be regarded as invalid for
duplication and or inconsistency and therefore inoperative. The same fate will
befall any provision of the Act, which seeks to enlarge, curtail or alter any
existing provision of the Constitution. The provision or provisions will be
treated as unconstitutional and therefore null and void."

Given this, he explained, the National Assembly lacks the power to make
laws which have similar provisions to those of the Constitution. As such, he
added, Section 3 of the Act has become a duplication of the relevant
constitutional provision. "

Consequently, its proposed amendment is illegal and unconstitutional. In other
words, without amending the relevant provisions of the Constitution, the
proposed amendment of the Act is an exercise in futility," he argued.
He explained that because the proposed amendment cannot alter, enlarge or
curtail the provisions of the Constitution, the Senate should stop wasting time
and resources on illegality.

"Since the Constitution has prohibited the enactment of ex post facto laws in
circumstances of this nature, the National Assembly ought to know that the
ongoing moves to amend the Act cannot have any effect on the celebrated
trial of the Senate President," he stated.

Source: http://saharareporters.com/2016/04/17/proposed-amendment-code-conduct-bureau-and-tribunal-act-illegal-self-serving-femi-falana

You all should leave Saraki alone. He knows his onions, less talk more action.

masterblogger:
You all should leave Saraki alone. He knows his onions, less talk more action.

Lol,keep dreaming Saraki is going nowhere