— IGP, Service Chiefs, NIS, NCS, FSCG, NSCDC Bosses Also Had Similar Controversial Extensions
There has been growing disquiet over the continuous active service of the Federal Road Safety Corps [FRSC] Boss, Boboye Oyeyemi, as well as the Accountant General of the Federation, Ahmed Idris, after clocking the mandatory retirement age of Sixty [60] Years months before now.
According to an investigation carried out by Daily Trust [Not TheNigeriaLawyer], Idris and Oyeyemi, according to available records were expected to have vacated their positions when they clocked 60, precisely November 25 and 26, 2020, respectively. The Investigation also found that whilst the Public Service Rule had made no exceptions with regards the age of retirement being 60 years or 35 years of service, the duo have however laid credence to what they refer to as ‘Tenured Appointment’ to justify their continuous stay in office, and no response or action has been taken by the Federal Government in this regards.
From available records, Idris appointment as Accountant General of the Federation first came in 2015, prior to which he had served as the Director of finance and accounts at the Federal Ministry of Mines and Steel Development. Less than two years into retirement, in 2019, President Muhammadu Buhari led Federal Government reappointed Idris for another four [4] years term. It is noteworthy that a civil society organization called, Youth Empowerment and Equal Justice, has approached the Federal High Court in Abuja to declare that Idris is illegally occupying the office of the AGF.
Oyeyemi on the other hand, was first appointed in 2014 by the Goodluck Jonathan-led Federal Government, whereafter he was reappointed in 2018 for an extended period of another four years despite his expected mandatory retirement in about two years time. Oyeyemi started his career as a career officer in 1988. The controversy with Oyeyemi’s tenure is that in addition to his continuous stay in office, the Federal Road Safety Act does not envisage any reappointed of any commissioner of the agency, and same applies to the Corp Marshal.
However, whilst addressing reporters and journalists after a meeting with General Buhari, the minister of Labour and Employment, Chris Ngigi, has noted that the actions of the President in reappointing Idris was carried out in line with the law and in accordance with the discretionary powers associated with the office of Mr. President, as enshrined in section 177 of the 1999 Constitution.
“We have had two meetings on that and I have educated them that the 1999 Constitution, the supreme law of the land, is the grundnorm, all other laws rose from it and any law that is in conflict with the provisions of the constitution doesn’t stand, it’s struck down.
“Therefore Mr. President has exercised his powers under Section 171 of 1999 Constitution as amended in reappointing Mr. Ahmed Idris with effect from June 25, 2019, not even today. So the man has a tenure of four years which by terms of appointment elapses June 2023,” he said.
When contacted by Daily Trust [not TheNigeriaLawyer], the spokesperson for the FRSC, Bisi Kazeem, said that the the appointment of Mr. Oyeyemi is one of a political nature, one which is tenured and has the currency of the appointment, at the pleasure of the President.
“The corps marshal is a political office and his tenure of office is at the pleasure of the president unlike a career civil/public servant’s appointment whose appointment is governed by Civil/Public Service Rules and Section 7 (1) of the FRSC Act, 2007 provides that the corps marshal shall be appointed by the president.”
“The only qualification required by Section 7(1) FRSC Act, 2007 is that the person so appointed by the president shall be a person possessing sound knowledge or ability in the organization and administration of road traffic and road safety matters.” She noted.
Incidents of tenure elongation in sharp conflict with the statutory provisions have once again reinvented the debate as to the place of statute in determining resignation and retirement in civil and public service works, for instance:
The four service chiefs replaced last month by the Presidency spent five years, six months in office, outliving many of their juniors in service, due to a number of extensions they got from the president. Same scenario played out with the tenure extension granted to the Controller General of Immigration [CGI], Muhammad Babandede, thereby affecting his statutory retirement date if September 12, 2020.
The alleged arbitrary actions of Mr. President has however been challenged by a legal practitioner, Daniel Makolo, at the National Industrial Court. The said lawyer is urging the court to declare that Babandede could not lawfully remain in office beyond September 12, 2020, in the face of the provisions of the Public Service Rules (PSRs) 100238 and 020810 made pursuant to sections 160, 169 and 172 of the Constitution and sections 2 and 3 of the NIS Act 2015.
Other notable examples Include; the Controller General of the Nigerian Correctional Service (NCS), Jafaru Ahmed, also had his tenure extended by President Buhari before his eventual exit in January 2020. Appointed in 2016, he was supposed to retire in July 2019 after clocking the statutory age of 60.
Also, the Fire Service Controller General, Joseph Anebi, was expected to retireas of September 2018, but had his tenure extended by General Muhammadu Buhari, which saw him leaving in 2019.
Similarly, the former Commandant General of the Nigeria Security and Civil Defence Corps (NSCDC), Abdullahi Gana, was given a six months extension on July 17, 2020, despite being due to retire after clocking the statutory 60 years of age. He was eventually replaced by Abubakar Audi as the substantive Commandant on February 18.
The Inspector General of Police, Mohammed Adamu, also had his tenure on February 4 extended by President Buhari after he attainment of the statutory 35 years of service as provided in the Service Rules. An action which is being challenged by the Nigerian Bar Association [NBA] at the Federal High Court in Lagos, on the grounds of the action being Ultra Vires.
The somewhat frequency and outright derogation of statutory provisions by the Federal Government necessitate the relevance of the memo issued by the then Head of Service of the Federation, Stephen Orosaya in 2009 and titled, “Interpretation of Public Service Rules on Compulsory Retirement Age/Yes of Service in Relation To Tenured Appointment of Serving Public Officers”, wherein he insisted on the need for Public officers to respect the provisions of retirement terms.
The said memo reads in part, “For the avoidance of doubt, and in order to maintain discipline and integrity of the public service, extant Public Service Rules, which prescribe 60 years of age or 35 years of service for mandatory retirement should strictly be complied with. Accordingly, the following guidelines shall apply:
“(i) that career officers who wish to take up tenured appointments should, at the point of taking up the appointment, retire from service to ensure they run their term uninterrupted;
“(ii) that career officers who have not retired or choose not to retire from service, before the commencement of their tenured appointment, must leave office on the attainment of the mandatory age/years of service for retirement; and
“(iii) career officers who are currently holding tenured appointments are required to retire from the service with immediate effect and continue to run their term. Failure to do so would mean that they would vacate office on attaining the mandatory retirement age or at the expiration of their term, whichever comes first.”
Credit:thenigerialawyer
