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*constitutional Facts On The Jurisdiction And Powers Of Ccb And Cct* - Politics - Nairaland

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*constitutional Facts On The Jurisdiction And Powers Of Ccb And Cct* by Venom236: 2:05pm On Jan 28, 2019
1. What is the allegation against the CJN.

Ans: False or non declaration of assets.

5th Schedule, Part 1, Paragraph 11(1) and 11(2) of the Constitution codifies this as a breach of the Code of Conduct

2. Has the above been denied?

Ans: Not at all.

3. Who has jurisdiction to receive such complaints, investigate same and refer to Code of Conduct Tribunal (CCT)?

Ans: Code of Conduct Bureau. Not the NICN or Fed High Court (FHCT) or Court of Apeal or NJC etc.

See 3rd Schedule, Part 1(A), paragraphs 3 d and e and 5th Schedule, Paragraph 12 of the Constitution

4. Who has the powers and jurisdiction to try any breach of the Code of Conduct of

Ans: Code of Conduct Tribunal. Not NJC or National Industrial Court or Fed High Court or Court of Appeal or Supreme Court.

5th Schedule, Part 1, Paragraph 18 of the Constitution

5. Can any other person or authority direct or control the CCB and CCT?

Ans: No. Code of Conduct Bureau cannot be subjected to NJC or National Industrial Court or Court of Appeal or any other authority with respect to its powers to try cases on declaration of assets.

6. Do CCB and CCT have jusridiction over the CJN on matters bothering on declaration of assets?

Ans: Yes.

Reason: The CJN is clearly mentioned by the Constitution as a public servant for the purposes of the Code of Conduct Bureau and Code of Conduct Tribunal.

See 5th Schedule, Part 2, paragraph 5.of the Constitution.

7. What punishment can the CCB or CCT impose for breach of the Code.

Ans: e.g

1. Vacation of Office and this is regardless of whether or not there is NJC as the Constitution have said CCB or CCT is not subject to any other authority.

2. disqualification from holding public office for a maximum period of 10 years.

3. Seizure and forfeiture of proceeds of corruption.

Now the onus of proof that assets, properties or monies are fairly attributable to income of Defendant is on the defendant.

See 5th Schedule, Paragraph 11(3).

Pls note that trial by CCB and CCT does not stop NJC or any other Court of Law from trying persons being tried by CCB or CCT and where the offence is criminal, the CCT can also impose that punishment if crime is proven.

See 5th Schedule, Paragraph 3.

*PLEASE STOP MISLEADING PEOPLE BY SAYING THE CCB OR CCT LACKS POWERS TO TRY THE CJN OR ANY PUBLIC SERVICE OFFICIALS, POLITICIANS*

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