Justice Inyang Ekwo of the Federal High Court, Abuja on Tuesday, refused to stop the Senate from investigating the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, over alleged assault of a security guard in Abuja.
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Justice Ekwo, in a judgment, held that since the CCT was a creation of an Act of the National Assembly, the legislature is empowered to invite the chairman to answer to any petition against him.
Following a viral video of an assault of a security guard at the Banex Plaza in Wuse 2 area of Abuja in March 2021, the Senate had summoned Umar to explain the circumstances surrounding the incident.
But rather than appearing before the lawmakers, Umar approached a Federal High Court in Abuja, in a bid to stop them from investigating him over the issue.
Umar had, in the suit marked FHC/ABJ/CS/ 671/2021, challenged the powers of the Senate and three others to investigate him over the matter.
The other respondents are the Senate President, Senate Committee on Ethics, Privileges and Public Petitions; and the Attorney General of the Federation (AGF).
Delivering ruling in the suit on Tuesday, the trial judge said that the suit lacked merit and subsequently dismissed it.
According to Justice Ekwo, the plaintiff did not show any cogent reason why the court should stop the Senate from undertaking its constitutional duties.
The court also stated that sections 88 and 89 of the 1999 Constitution, under which the CCT boss sought to be protected by the court, did not confer any protection or refuge on him.
The judge said that as a public officer administering law relating to conduct of public officers, Umar has no reason to institute the suit to stop the Senate from investigating a public petition seeking justice on moral standard.
In addition, the court noted that section 2 of the Code of Conduct Bureau exposes Umar to investigation by the National Assembly than another Nigerian, adding that it will be illogical for him to seek to stop the Senate’s investigation because doing so will give an impression that he is above the law.
Justice Ekwo therefore held that the declaratory reliefs sought by Umar for injunction against the Senate cannot be granted because the case lacked merit.
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