Dr. Olisa Agbakoba, SAN, has responded to Danladi Umar’s reply to his petition that Mr. Umar should be struck off the Roll of Legal Practitioners.
His rejoinder was contained in a letter to the Nigeria Bar Association (NBA) in reply to Umar’s position.
Danladi Umar had insisted that as Chairman of the Code of Conduct Tribunal, CCT, he is only subject to disciplinary procedure under the Presidency.
Agbakoba and Umar have been at loggerheads over the prosecution of suspended Chief Justice of Nigeria (CJN), Onnoghen.
In his response dated February 6, 2019, and marked CCT/HQ/FJSC/S/01, Umar contended that neither the FJSC nor the NJC, has the constitutional powers to query his actions.
He stressed that unlike judicial officers, members of the CCT, at the time of their inauguration, take official oaths and not judicial oaths.
According to him, “With regard to the prayer of the petitioner for an appropriate sanction against the chairman, it is important to note that the chairman and members of the tribunal, not being judicial officers, are not constitutionally subject to any disciplinary proceedings by either the National Judicial Council or the Federal Judicial Service Commission but the Presidency.
“The petitioner alleged that judicial oaths were breached and that the National Judicial Council should consider appropriate sanctions. It is to be noted that the chairman and members of the Code of Conduct Tribunal are not judicial officers.
“This is predicated on the fact that the chairman and members of the tribunal, during swearing-in, only subscribe to official oaths and not judicial oaths. Therefore, not being a judicial officer, I did not subscribe to judicial oaths as alleged.”
On Friday, Agbakoba through his spokesman, Niyi Odunmorayo, states that Danladi Umar having admitted that he is not a Judicial Officer is subject to the NBA being a Legal Practitioner.
“As Chairman of the Code of Conduct Tribunal he is also subject to the disciplinary procedures prescribed by the Constitution.
“Dr. Agbakoba asserts that Danladi Umar is subject to disciplinary procedures prescribed as Chairman of the Code of Conduct Tribunal and also disciplinary procedures prescribed by the Legal Practitioners Disciplinary Committee of the NBA as he is a Legal Practitioner not a Judicial Officer”, the statement added.
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