The Nigerian senate have today come out to set things straight in regards to the public’s perception of the proposed CCB/CCT act.
In a statement by Chairman of the Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi, the Senate stated that many of the comments on the proposed amendments were made by those who have neither read the bill nor understood the principles behind it.
He stated that Senate president Bukola Saraki could not benefit from any amendment as the process took a long time to be finalized and that such amendments cannot affect ongoing cases.
Senator Abdullahi went on to list the processes a bill must pass through before becomeing law, they include: committee hearing; public hearing; report back to Senate committee of the whole; the concurrence in the House of Representatives and; assent by the President as the final stage.
“There is no way we will even complete the process of finally effecting the amendments before the completion of the Saraki case. So those who read selfish or ulterior motives to this ordinary legislative activity are either mischievous or ignorant of legislative procedures,” Abdullahi said
The aim of the amendment was to give effect to the right to fair hearing as enshrined in Section 36 of the 1999 Constitution and the recent pronouncements of the Supreme Court according to Abdullahi.
“The amendment only affects Section 3 and Paragraph 17 of the Third Schedule of the current law. The sub-sections in Section 3 were re-arranged in such a way that it will reflect elegance in legal drafting.
“Also, the proviso in sub-section 3(d) was removed since it has also been removed in the constitution. To give fair hearing to the defendants in cases involving the bureau, sub-sections 3(c) was enlarged to ensure that the person concerned was invited to state his own case, after which the CCB can still refer the matter to the tribunal for trial. This eliminates the constant complaint that a defendant was not given the opportunity to make explanation on the inconsistencies alleged to have been found in his Asset Declaration form. This is bringing the law in compliance with the judicial principle of Audi Alterem Partem (Hear from both sides to a case before taking a decision).
“The proposed deletion of Paragraph 17 in the Third Schedule of the law is to ensure that the court does not assume a procedure for which the drafters of the law and the law makers did not intend. The Penal and Criminal Codes mentioned in the Paragraph are no longer relevant. The CCT was not created to be a court with criminal jurisdiction and that is why the law provides for the defendant to be referred to another court if criminal issues emanates from any matter.
“We have found this amendment necessary so as to cure the inconsistencies and mischief arising from the operation and interpretations of the present law. Unfortunately, this ordinary act of legislation has been caught in a conspiracy theory beyond the wildest imagination of lawmakers,” he said.
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