Director Docked Over Breach of Federal Character
Director Docked Over Breach of Federal Character Principle in Employment
Published on Monday, 22 October 2012 by pmnews
Nnamdi Felix / Abuja
The Director General of the National Centre for Technology Management, Dr. Willie Siyanbola, on Monday in Abuja, protested his proposed arraignment before the Code of Conduct tribunal where he was dragged by the Code of Conduct Bureau for allegedly contravening the federal character principle in a recent recruitment exercise at the establishment.
Mr. Siyanbola was alleged to have run foul of the federal character principle by employing over 60 per cent of the newly employed officers of the federal government agency from his home state in breach of section 14 (3) of the constitution.
The section provides as follows, 14 (3): The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.
The embattled Siyanbola challenged the jurisdiction of the tribunal to try him and argued that since he was alleged to have breached the Federal Character Commission Act, that the only authority that can bring him for trial is that Commission and not the Code of Conduct Bureau and also faulted his proposed arraignment at the tribunal noting that the alleged offence can only be exclusively entertained by a Federal High Court and not the tribunal.
He urged the court to dismiss the charge brought against him on the ground that it is defective and in bad faith.
The Deputy Director of Public Prosecution, Mr. Simon Egede opposed Siyambola’s submissions and argued that tribunal is empowered by law to try any public servant for breaching the code of conduct of his office. He pointed out that the accused is not charged under the Federal Character Commission Act and as such the issue of being tried at a federal high court does not arise.
Mr. Egede averred that the accused violated the federal character principle as enshrined in section 14 (3) of Nigeria’s constitution and thereby abused his office and committed a crime under section 13 of the Code of Conduct Bureau and Tribunal Act and punishable under section 23 of the Act. He noted that the right court for the Director General to be tried is the tribunal, and not the federal high court.
He however observed that if the federal character commission is interested in prosecuting the accused for flouting the provisions of the law, that the tribunal should still go ahead and punish him for abusing his office and breaching the code of conduct of his office.
The tribunal thereafter adjourned to Wednesday, 21 November to rule on the matter.
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Published on Monday, 22 October 2012 by pmnews
Nnamdi Felix / Abuja
The Director General of the National Centre for Technology Management, Dr. Willie Siyanbola, on Monday in Abuja, protested his proposed arraignment before the Code of Conduct tribunal where he was dragged by the Code of Conduct Bureau for allegedly contravening the federal character principle in a recent recruitment exercise at the establishment.
Mr. Siyanbola was alleged to have run foul of the federal character principle by employing over 60 per cent of the newly employed officers of the federal government agency from his home state in breach of section 14 (3) of the constitution.
The section provides as follows, 14 (3): The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.
The embattled Siyanbola challenged the jurisdiction of the tribunal to try him and argued that since he was alleged to have breached the Federal Character Commission Act, that the only authority that can bring him for trial is that Commission and not the Code of Conduct Bureau and also faulted his proposed arraignment at the tribunal noting that the alleged offence can only be exclusively entertained by a Federal High Court and not the tribunal.
He urged the court to dismiss the charge brought against him on the ground that it is defective and in bad faith.
The Deputy Director of Public Prosecution, Mr. Simon Egede opposed Siyambola’s submissions and argued that tribunal is empowered by law to try any public servant for breaching the code of conduct of his office. He pointed out that the accused is not charged under the Federal Character Commission Act and as such the issue of being tried at a federal high court does not arise.
Mr. Egede averred that the accused violated the federal character principle as enshrined in section 14 (3) of Nigeria’s constitution and thereby abused his office and committed a crime under section 13 of the Code of Conduct Bureau and Tribunal Act and punishable under section 23 of the Act. He noted that the right court for the Director General to be tried is the tribunal, and not the federal high court.
He however observed that if the federal character commission is interested in prosecuting the accused for flouting the provisions of the law, that the tribunal should still go ahead and punish him for abusing his office and breaching the code of conduct of his office.
The tribunal thereafter adjourned to Wednesday, 21 November to rule on the matter.
.
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