CCB asks court to stay execution of judgment on tenure of office
The Chairman of the Code of Conduct Bureau (CCB), Sam Saba and nine other members of the bureau have asked the Abuja Federal High Court to stay execution of its judgment over their tenure of office.
Justice Binta Nyako, in a judgment delivered on April 28, 2017 held that the five-year tenure of the CCB board expired in April 2015. However, both the CCB Chairman and nine other board members have lodged an appeal, asking the Court of Appeal to set aside the judgment.
In a notice of motion dated May 3 and filed by Abubakar Mahmoud (SAN), the applicants asked the court for an order of injunction, restraining the respondents, their servants, agents, privies or any other person from effecting the judgment pending the hearing and determination of the appeal.
The motion was supported by a 6-paragraph affidavit deposed to by Hussaini Hussieni, who averred that the applicants were dissatisfied with the judgment and have filed an appeal against it.
He added that unless an injunction is granted pending the determination of the appeal, the appeal would be rendered nugatory. Besides the motion for injunction, the applicants have further filed a notice of appeal dated May 2, asking the appellate court to dismiss the suit.
The notice of appeal, which was rooted on four grounds, has it that the trial judge erred in law in holding that the chairman and members of the Code of Conduct Bureau have five-year tenure.
It is the contention of the appellants that the five-year tenure provided by Section 155 of the 1999 Constitution, is a general provisions applicable to executive bodies.
That Part One of the third schedule to the 1999 Constitution provides for a specific tenure until the age of 70 years for the Chairman of the CCB. They further argued that section 1(4) of the Code of Conduct Bureau and Tribunal Act Cap, C15 Law of the Federation of Nigeria 2004, equally provides for tenure until the age of 70 years for the Chairman and members of the Code of Conduct Bureau.
In addition, they noted that the trial judge erred in law in holding that the tenure of office of the current Chairman and members of the Code of Conduct Bureau, who were appointed by the President in April 2010 expired in 2015.
The appellants further noted that the Chairman and members of the Code of Conduct Bureau were screened by the Senate and appointed in April 2010 by the President of the Federal Republic of Nigeria and in terms of the provisions of the Constitution and under Part 1, third schedule to the 1999 constitution.
They also contended that at the time of the appointment, the Chairman and members were all above 50 years of age and their tenure expires upon reaching the age of 70 years.