Senior Advocates of Nigeria have argued that there is a need to review the laws establishing the Code of Conduct Tribunal.

Chief Mike Ozekhome, SAN, Rotimi Jacobs SAN, and Mr. Ebun-Olu Adegboruwa (SAN) all supported this during the 1st Plenary Session with the Topic of Discussion as Code Of Conduct Tribunal- A Clash Of Judicial and Executive Powers”, at the ongoing 2019 Nigerian Bar Association Annual General Conference.

Moderated by Prof. Konyinsola Ajayi, Rotimi Jacobs SAN, Senior Partner of Rotimi Jacobs and Co, stated that the purpose of the CCT/CCB is to check corrupt practices of public servants in service and for public servants to display a high level of morality and accountability.

He noted that the CCT is not an executive body and so should not be seen as one. He also argued that the Act establishing The CCT itself is so archaic, that one can’t say whether they are criminal or civil in nature.

He further added that the provisions of the Act need to be reviewed to become more potent in fighting corruption in public offices.

Mr. Ebun-Olu Adegboruwa (SAN in view) on the other hand, described the CCT as an orphan.

To him, the law is silent on how the other two members of the tribunal will be appointed. He pointed out that any infraction carried out by a judicial officer should be referred to the National Judicial Council to handle first.

”The CCT has no parents, so it lies as an orphan. The funding of the tribunal is shrouded in some kind of mystery.”

Concluding, he said that the source of CCT’s power is dual, the CCT 1991 Act established by the Military and the 1999 Constitution, and they are presently flying in the air.

Chief Olanipekun, SAN, however, said that he does not agree with Ebun-Olu SAN, on the part where he said that the CCT is under two statuses. He opined that this is not so because the Constitution covers the field.

He is of the opinion that a Tribunal that is not reporting to anyone has so much powers, and this does not augur well with the people.

He also asked if the CCT obeys a sitting order by a Court of Superior Record.

Chief Mike Ozekhome, SAN, on the other hand submitted that the CCT as it is today is an appendage of the executive and so he likened it to being a Bat, who goes to hold meetings with the animals, claiming it is an animal like them and still go to hold meetings with the birds claiming it is a bird too.

According to him, such a body should be subjected to internal mechanism control by the National Judicial Council.

”The CCT has powers to punish people, but it is not a Court of Superior Record, not subject to any control of anybody.

”The CCT Act violates the doctrine of “covering the field” and for one to unbundle the CCT, the 1999 Constitution must be amended. The CCT is not a Superior Court of law but an inferior tribunal,” he said.

Describing the nature of the Nigerian judiciary, he said that it is as one Lion led by 100 sheep, and that it is better to have a 100 sheep led by one Lion.

A participant by the name Mallam Yusuf observed that the problem of judicial timidity needs to be addressed. According to him, a body that doesn’t have the powers to convict anyone, why does it have the powers to grant bail and refuse bail?

Responding to the question and observation, Mr. Ebun-Olu Adegboruwa, SAN said that once a dispute is declared, the proper person to handle it must be a judicial officer.

He recommends that the NBA constitute a committee to look into the CCT so that only judicial officers will be admitted into it.

The Chief Judge of Edo State, Hon. Justice Frances Ikpome, while responding to the question on Judicial timidity, advocates for the financial independence of the Judiciary because that way, Judges will stop being timid and start becoming courageous.

Concluding, he said that this is so as one cannot fight the hand that feeds him.

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