The National Assembly recently commenced the
amendment of the Code of Conduct Bureau
(CCB) and Code of Conduct Tribunal Acts, but
suddenly suspended them due to public outcry
over the timing of the amendment which
coincided with the trial of the Senate President
and the chairman of the National Assembly, Dr.
Bukola Saraki. But in this interview with IBE
UWALEKE, the Nigerian Bar Association (NBA)
president, Austin Alegeh (SAN) believes that the
amendment is necessary irrespective of the time,
as it is odd, according to him, to have a court or
tribunal like the CCT, functioning under the
presidency or the executive, against the
provisions of the 1999 Constitution (as
amended), arguing that it is a usurpation of the
role of the third arm of government, the
judiciary. Excerpts:
Do you think the National Assembly has
any reason to begin the amendment of the
Code of Conduct Bureau and Code of
Conduct Tribunal Acts when there are
more important Bills waiting to be passed?
The right of the National Assembly to amend any
law cannot be circumscribed in any way and we
believe that the National Assembly must be
acting in good fate. The fears that are being
expressed are the assumption that the National
Assembly is acting in bad faith. I don’t share that
sentiment neither do I believe that a body so
high up in our national polity will decide to act in
bad faith. If there is any reason for the Code of
Conduct Bureau and Tribunal Acts to be
amended, by all means, let them be amended.
After the second reading of the amendments
being proposed, then we will be in a position to
know whether the amendments will enhance the
administration of justice or not. We should not
believe that members of the National Assembly
would act in a way contrary to the mandate
given to them by the people. Don’t forget that
whatever Bill passed by the National Assembly
will require the assent of Mr. President. There is
no law that cannot be amended to make it
better if such need arises.
There is a moral question in this particular
amendment because of the timing. How do
you react to that?
There is no moral question. There is no time limit
to amend any law. When we have elections that
is the time people see the need to amend the
electoral Act. The trial of the Senate President,
Bukola Saraki might have brought out the Acts
to the limelight for more people to read them
and found out that they need some amendment.
CCT, to my mind should be a justice sector
establishment. As lawyers we should ask why is it
that a court is placed under the executive. Let us
not allow diversionary matters to occupy
national discuss in this issue.
Should the CCB and CCT be placed under
the Presidency?
That is a good question to ask. The question that
follows then is what are they? The NBA has
proposed that the Nigerian Prison Service (NPS)
should be under the Ministry of Justice. But why
is it under the Ministry of Interior. If the prisons
are put under the Ministry of Justice, the ministry
should be able to know how to decongest
awaiting trial inmates and how many Black
Marias are needed to take suspects to court.
If you move prisons to Ministry of Justice, more
people will be going to court to decongest
awaiting trial inmates.
The question we should begin to ask ourselves is,
where should it be located? If a senator, for a
wrong reason is proposing correction
amendment, why should we fight it? And we now
noticed that this is a judicial arm of government,
why should it be situated in an executive arm of
government? He is not saying they should take it
to the legislature rather he is saying it should be
taken to the office of the AGF where it belongs.
We should even appreciate the fact that the
Senator is making a good point to some extent.
Is NBA making any move towards making
this realizable?
We have told the National Assembly that we will
not partake in public hearing. After the second
reading they should call us for a strategic
meeting, where we sit down to have a working
session not a public hearing where we have all
manner of people to discuss it, which I think I
wont do because not everybody understands
what CCB entails.
Let us sit down and evaluate all these Acts –
Money Laundering, EFCC, ICPC and others and
their interrelationship. If ICPC finds you have an
infraction where will it take you to? How many
prosecutors, investigating officers do CCB has
and are they working in accordance to the law?
Let us address the elephant in the house, is the
CCB being used now to chase down political
opponents.
If you want to work any law, tell me and I will
send you lawyers that are verse and capable in
that aspect and they will sit down and look at
the rules, tell you which areas or sections need to
be amended and how they should be done.
We have done it before and we are ready to
engage the government if they too are willing to
invite us.
If Bukola Saraki invites you to join his
legal team, will you oblige him?
No! Because presently I am engaged as the NBA
president, you must stand neutral in several
areas. That is the supreme sacrifice you must
pay. For instance, this year, I did not appear in
any governorship election. The reason is simple.
If you see me in any governorship election case,
what impression will that have on the image of
NBA? So when you aspire for offices, you must
be able to make sacrifices because there are
certain steps you take that may be wrong and
the NBA needs to react and so I am the
president of the NBA for now.
So anybody who wants to bring a case to me
now I will tell the person there are lawyers out
there better than me, I will not even recommend
a lawyer to the person.

Lalasticlala, mynd44, ishlove this is the source:

http://m.guardian.ng/features/law/why-amendment-of-ccb-cct-acts-is-necessary-by-nba-president-alegeh/





Thanks

Even if CCB is reviewed, it won't retroactively favour saratif. CCB was formed before Saratif n he submitted himself to its laws then. So all these na story.

Babacele:
Even if CCB is reviewed, it won't retroactively favour saratif. CCB was formed before Saratif n he submitted himself to its laws then. So all these na story.

this Alegeh guy is not even saying this because of Saraki, thats from my own understanding.
He is talking as lawyer who sees no reason why a court should be controled by the executive.
Thats all

I think Nigerians of all political devide should start looking at things from all angles instead of one side.
Buhari is our president today & tmorrow he wont be anymore.
We should work our laws the way they should be sustainable for a long time. The way it wont require amendment every 1 or 2 years.


Saraki cant amend the CCB & CCT act now because everybody including me will see it as a way of escaping trial or judgement but if it will favour the nation after; then let them amend now. Time waits for no one.

Babacele:
Even if CCB is reviewed, it won't retroactively favour saratif. CCB was formed before Saratif n he submitted himself to its laws then. So all these na story.

is it really about Saraki or is it about all of us?
There is no law for different persons.

Look at how the CCT opened their mouth to say that what happened in Tinubu‘s CCT trial was an error, just imagine that.

It was an error because Saraki must be purnished by this administration but it was right the other time because the then administration felt Tinubu should not be purnished.

We need a CCB/CCT that is not being controld by the executive arm.
Period

Chigold101:

this Alegeh guy is not even saying this because of Saraki, thats from my own understanding.
He is talking as lawyer who sees no reason why a court should be controled by the executive.
Thats all

this is also my thinking.

We just noticed there is need for amendment now that a big man is on the hook?!

Where was Alegeh in 2015, where were the law makers(Breakers) before the 'witch hunt'. Now that their role mode is in soup, they complain of too much 'tatashe'.

Whatever the case, the amendment is ill-timed

KissCODE:
is it really about Saraki or is it about all of us?
There is no law for different persons.

Look at how the CCT opened their mouth to say that what happened in Tinubu‘s CCT trial was an error, just imagine that.

It was an error because Saraki must be purnished by this administration but it was right the other time because the then administration felt Tinubu should not be purnished.

We need a CCB/CCT that is not being controld by the executive arm.
Period

if you are really educated ehn, can you tell us or even quote what happened between Tinubu and CCT several years ago oblivious of a future Saratif 's trial? please tell us and stop being pedestrian jor.

Chigold101:

this Alegeh guy is not even saying this because of Saraki, thats from my own understanding.
He is talking as lawyer who sees no reason why a court should be controled by the executive.
Thats all

I agree.

Babacele:
if you are really educated ehn, can you tell us or even quote what happened between Tinubu and CCT several years ago oblivious of a future Saratif 's trial? please tell us and stop being pedestrian jor.

i dont know ur age but i v found out that it is only a little child that talks before thinking or that asks funny question.

It is on record that this same CCT chairman said the judgement he passed on Tinubu was done in error. That he wont make same mistake in Saraki‘s case.
Thats by the way... This post is not about Saraki or Tinubu but about mending CCB/CCT acts.

KissCODE:
i dont know ur age but i v found out that it is only a little child that talks before thinking or that asks funny question.

It is on record that this same CCT chairman said the judgement he passed on Tinubu was done in error. That he wont make same mistake in Saraki‘s case.
Thats by the way... This post is not about Saraki or Tinubu but about mending CCB/CCT acts.

u mentioned Tinubu's case and I'm asking you to tell us what happened then that CCT did what they did and you are calling me a kid .......when you know you don't know what happened, y are you talking about it? show learning naa

omowolewa:
We just noticed there is need for amendment now that a big man is on the hook?!

Where was Alegeh in 2015, where were the law makers(Breakers) before the 'witch hunt'. Now that their role mode is in soup, they complain of too much 'tatashe'.

Whatever the case, the amendment is ill-timed

I think it takes someone to discover a problem and seek for a solution. These set of law makers were not here until May 2015.

As for Alegeh i think he spoke on this issue because The Gaurdian newspaper asked him about it. I believe ordinarily he wouldnt have spoken on the issue in public.

Ill timed? Yes because we are in nigeria where people are blackmailed with sentiment.
We are in nigeria where someone cant do anything without a tribe or section reading meaning into it.

Prior to Tinubu‘s CCB/CCT case i cant remember any other trial that really went public & after Tinubu there was none i could remember until Saraki‘s came up.

When Saraki‘s case will end either he goes to jail or not, it may take us another donkey years to remember CCB/CCT acts.

Time is always ripe at all times.
My opinion... Sha

Babacele:
u mentioned Tinubu's case and I'm asking you to tell us what happened then that CCT did what they did and you are calling me a kid .......when you know you don't know what happened, y are you talking about it? show learning naa

U still sound the same.

Great

KissCODE:

I think it takes someone to discover a problem and seek for a solution. These set of law makers were not here until May 2015.

As for Alegeh i think he spoke on this issue because The Gaurdian newspaper asked him about it. I believe ordinarily he wouldnt have spoken on the issue in public.

Ill timed? Yes because we are in nigeria where people are blackmailed with sentiment.
We are in nigeria where someone cant do anything without a tribe or section reading meaning into it.

Prior to Tinubu‘s CCB/CCT case i cant remember any other trial that really went public & after Tinubu there was none i could remember until Saraki‘s came up.

When Saraki‘s case will end either he goes to jail or not, it may take us another donkey years to remember CCB/CCT acts.

Time is always ripe at all times.
My opinion... Sha

KissCODE:

U still sound the same.

you mentioned Tinubu's name but afraid to discuss Tinubu , ain't that hypocrisy?

KissCODE:

U still sound the same.

It was an error because
Saraki must be purnished by
this administration but it
was right the other time
because the then
administration felt Tinubu
should not be purnished. ............



u said the above which drew my attention but hypocritical you is now running from your own words saying it is not about Tinubu and Saratif? abegi go jor

Babacele:
It was an error because
Saraki must be purnished by
this administration but it
was right the other time
because the then
administration felt Tinubu
should not be purnished.

NIGERIA MY COUNTRY...
Proudly Nigerian.



Anyway what is in my mind now is how Manchester United will make top 4 & Liverpool to win Europa...
I want to see five EPL team in 2016/2017 Euro Champions league.


Different law for different people... I love my country...NIGERIA

Babacele:
you mentioned Tinubu's name but afraid to discuss Tinubu , ain't that hypocrisy?

i mentioned Tinubu because we have the same case with the same CCT chairman but with two different rulings.
My point is that we need independent CCB/CCT. CCB/CCT cant be independent under this act without amendment.

Discussing Tinubu or Saraki here will make the whole thing seem personal.

omowolewa:
Great

serious?

KissCODE:
NIGERIA MY COUNTRY...
Proudly Nigerian.



Anyway what is in my mind now is how Manchester United will make top 4 & Liverpool to win Europa...
I want to see five EPL team in 2016/2017 Euro Champions league.


Different law for different people... I love my country...NIGERIA

u are hiding from the truth hence u refused to mention the core of the Tinubu 's case if it can save a man who is afraid to defend himself and his actions. Tinubu never begged,bribed nor employed any legal decoy but went to defend himself even when he WASN'T, and only governor that wasn't informed, pre- informed of the petition against him. Man U is a body,soul n mind commitment hence the whole fear us. are u sure you a fan? lols.

KissCODE:
i mentioned Tinubu because we have the same case with the same CCT chairman but with two different rulings.
My point is that we need independent CCB/CCT. CCB/CCT cant be independent under this act without amendment.

Discussing Tinubu or Saraki here will make the whole thing seem personal.

so why are you and your ilks afraid for Saraki going to defend himself at CCT? no I didn't declear false assets nor collected governor's salary as a senator..simple but you folks are beating about nonsense bush....sorry

Babacele:
so why are you and your ilks afraid for Saraki going to defend himself at CCT? no I didn't declear false assets nor collected governor's salary as a senator..simple but you folks are beating about nonsense bush....sorry

how does what happens to Saraki concern me?
Who cares if he rots in jail?

But never forget that whoever that goes to equity must go with a clean hand.

Saraki can burn for all i care but FG should leave allow the CCT to their job without interferance.

Babacele:
u are hiding from the truth hence u refused to mention the core of the Tinubu 's case if it can save a man who is afraid to defend himself and his actions. Tinubu never begged,bribed nor employed any legal decoy but went to defend himself even when he WASN'T, and only governor that wasn't informed, pre- informed of the petition against him. Man U is a body,soul n mind commitment hence the whole fear us. are u sure you a fan? lols.

i have been a fan since my childhood days... 1994... That is 22 f**king years...
Man U is my blood... EPL is my life

They would surely amend the Act, to get their desired result.

KissCODE:
how does what happens to Saraki concern me?
Who cares if he rots in jail?

But never forget that whoever that goes to equity must go with a clean hand.

Saraki can burn for all i care but FG should leave allow the CCT to their job without interferance.

how is FG interfering with CCT? and who is coming to equity with dirty hands here? abegi go jor

Babacele:
how is FG interfering with CCT? and who is coming to equity with dirty hands here? abegi go jor

okay

otukpo:
They would surely amend the Act, to get their desired result.

if i have my way i will let them know the time is right but it should wait until Saraki case is over... If the case will ever be over

The Nigerian public are like those that welcomed Jesus with shouts of "Hosanna Son of David!". Three (3) days later, they cried for his head and answered pilate,when he asked them to choose between Jesus and Barrabas, who he'd release from bondage. They cried; "Give us Barrabas(the thief)!" Instead of Jesus.


With the present government and their media machinery working 25/7, Nigerians have never exhibited the level of gullibility they are on, now, before. People that ought to know no longer know.


If you attend any session of the CCT, you'd wonder if they have a different Rules and Laws guiding it apart from Nigeria laws. They act and do anyhow. This is because of the control and mandate given to them by the Presidency/Politicians. The CCT is not one of the Courts menioned in S. 6 of our cconstitution, but it has assumed that role in flagrant abuse of the supreme law of the land.


Saraki's trial should go on and if found guilty, he should be convicted, but let the law apply strictly in every sense of it. Let the process not be shortchanged so he won't have a leeway to approach a higher Court to throw out the decision of the CCT, when it finally comes.

The CCB & CCT Act is ripe for amendment. As it stands today, the CCT and decisions flowing from it ought to be declared null and void ab initio. If it has to take Saraki's trial for our laws to be strenghtened, so be it. We cannot shy away from doing our duty to the country.

Dikenawar you are spot on.


Today in this country i wonder if our elites & human right activists are under a spell or some strong influence.

Everybody seems comfortable today with the things we were not comfortable yesterday.

I dont care if Saraki burns or lives but i am worried because it is Saraki today, tomorrow it might be someone very close to our heart.