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Critical examination of the quorum of code of conduct tribunal


Festus Okpoto Agbo

Abstract

This paper critically examines the quorum of Code of Conduct Tribunal, and compares it to those of other tribunals and courts. The paper argues that since the Code of Conduct Bureau and Tribunal Act and the Nigerian Constitution provide for the establishment or composition of the Tribunal only, and not the constitution or quorum thereof, the Chairman and the two members of the Tribunal should sit at any time for it to be able to exercise the jurisdiction vested on it. In writing this paper, doctrinal research method was used in collating materials, principally, judicial authorities, statutes, and learned textbooks and articles, and internet materials. These were critically analyzed. The paper concludes that the most purposive construction on the provisions of the CFRN 1999 respecting the Tribunal is that it is properly constituted where its Chairman sits with two other members. It, therefore, recommends that: Supreme Court overrules itself whenever it has an opportunity to do so and Code of Conduct Bureau and Tribunal Act and the Constitution be amended to specifically provide for the quorum or constitution of the Tribunal.

Keywords: Critical, Examination, Quorum, Code of Conduct, Tribunal


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