The Federal High Court sitting in Abuja has dismissed an application filed by the Chairman of the Code of Conduct Tribunal (CCT) Danladi Umar seeking to stop the Nigerian Senate from probing his alleged assault and misconduct brought against him in a public petition.
Umar ran into the murky waters after he was seen in a viral video attacking a security man at the Banex Plaza in Abuja on March 29, 2021.
The CCT Chairman who had earlier subjected himself to public hearing on the alleged assault organized by the Senate later instituted legal action asking the court to determine whether the case formed part of the matters the Senate is constitutionally empowered to investigate or police functions.
But delivering a judgment on the matter Justice Inyang Ekwo held that the case of the CCT chairman lacked merit and had no cogent reason to stop the Senate from undertaking its constitutional functions.
Justice Ekwo held 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 that Umar has no reason to institute the suit to stop senate from investigating a public petition seeking justice on moral standard.
The Judge also said that the Code of Conduct Bureau and Code of Conduct Tribunal Act 2010 are established by the Act of the National Assembly and as such, he is subject to investigation by the National Assembly.
Besides, the judge also said that section 2 of the Code of Conduct Bureau exposes Umar to investigation by the National Assembly more than any other Nigerian adding that it will be illogical for him to seek to stop Senate probe as doing so will give an impression that he is above the law.
The judge therefore held that the declaratory reliefs sought by Umar for injunction against the Senate cannot be granted because the case lacked merit
Umar through his lawyer had also asked the court to declare that the alleged assault did not form part of the matters the Senate is constitutionally empowered to investigate.
