By Yemi Akinseye-George, SAN
The purported appointment of Barrister Mainasara Kogo as the Chairman of the Code of Conduct Tribunal (CCT) is irregular, unconstitutional, and legally untenable. This appointment directly contravenes Paragraph 15(3) of the Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Altered), which explicitly states:
“The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the National Judicial Council (NJC).”
It is an undisputed fact that Dr. Kogo was never recommended by the NJC prior to his appointment. This fundamental oversight constitutes a grave procedural error by those who submitted his name to the President.
If this appointment is allowed to stand, it will set a dangerous precedent whereby the executive branch circumvents the NJC in appointing judges and heads of courts, thereby eroding the independence of the judiciary and violating the constitutional framework governing judicial appointments. The established practice, in line with constitutional provisions, is for the NJC to recommend to the President the most senior member of the Tribunal for appointment as Chairman.
The Way Forward
Given that the former Chairman, Justice Danladi Umar, has exited following his removal, the NJC must act swiftly by recommending to the President the appointment of the most senior judge within the CCT as the new Chairman. This would not only restore compliance with the Constitution but also uphold the integrity of judicial appointments.
To mitigate further embarrassment for the government, the NJC could consider recommending Dr. Mainasara Kogo for appointment as a member of the Tribunal, allowing him the opportunity to ascend to the position of Chairman in due course, in accordance with established procedures. This approach would ensure strict adherence to the Constitution while maintaining the credibility of the CCT.
Furthermore, the irregular appointment of Barrister Kogo fundamentally undermines the legitimacy and authority of the Code of Conduct Tribunal, rendering it improperly constituted and therefore incompetent to preside over any trials. Any proceedings conducted under such an improperly constituted tribunal would be legally questionable.
We respectfully urge Mr. President to uphold the Constitution and judicial independence by rectifying this appointment. As a statesman and a democrat, the President has a duty to protect the integrity of our legal institutions and ensure that constitutional provisions are strictly followed in judicial appointments.
Professor Yemi Akinseye-George, SAN, FNIALS
President,
Centre for Socio-Legal Studies (CSLS)
