by Dolapo Adelana

Justice Binta Nyako of the Federal High Court, on Friday sacked the Chairman of the Code of Conduct Bureau (CCB), Sam Saba and nine other members of the organisation’s board.

Delivering her judgement, she held that the five-year tenure of the CCB board expired on April 2015.

The judgment was on a suit marked: FHC/ABJ/CS/411/2016 filed by a group – Kingdom Human Rights Foundation International (KGRFI) led by Okere Nnamdi.

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According to the judge by virtue of section  155 (1) (c) and Paragraph 1, Part 1, Third Schedule of the 1999 Constitution (as amended), Saba and others, all of whom were appointed in 2010, were only entitled to stay in office for five years.

Justice Nyako, however, refused to issue an order compelling the President to remove and replace Saba and the nine other board members, as prayed by the plaintiff.

She directed the AGF to advise the President on the state of the tenure of members of the CCB board.

Justice Nyako particularly granted the prayer for “a declaration of the honourable court that the tenure of office  of  the Chairman and nine other members of the Code of Conduct  Bureau  has elapsed since April 2015;  in view  of section  155 (1) (c) and Paragraph  1, Part 1, Third Schedule of the  1999 Constitution (as amended).”

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The judge granted partially, the two other main reliefs in which the plaintiff sought a declaration that the AGF had failed in his responsibility by not advising the President on the expiration of the tenure of the Chairman and members of the CCB.

Justice Nyako directed the AGF to give the President the needed advice on the issue.

The judge declined to grant the consequential reliefs sought by the plaintiff, seeking orders of mandamus compelling the President to remove and appointment replacement for  Saba and others.

Justice Nyako said such reliefs seeking an order of mandamus could only be brought under an application for judicial review not under an originating summons as filed in the case.

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Defendants in the suit were President Muhammadu Buhari, the AGF and the CCB.The judge also rejected the plaintiff’s the prayer for an order of mandamus directing the Independent Corrupt Practices and other Related Offences Commission and the Economic and Financial  Crimes Commission “to immediately arrest, investigate and prosecute the Chairman and nine other members of the CCB” for allegedly perpetuating themselves in office fraudulently.