An Abuja lawyer, Maduabuchi .O. Idam, Esq., has issued a 30 days’ pre-action notice to President Bola Tinubu asking him to “reverse the illegal, unlawful and unconstitutional re-appointment of Dr. Vincent Isegbe as Director-General of Nigeria Agricultural Quarantine Service.”
The 20th March 2024 notice addressed to the President of the Federal Republic of Nigeria, Aso Rock, Villa, FCT, Abuja and copied to —The Secretary to the Government of the Federation (SGF). Shehu Shegari Complex, Three Arms Zone, Abuja; The Attorney General of the Federation & Minister of Justice (AGF). Maitama, FCT, Abuja; The Minister of Agriculture & Rural Development. Area 11, Garki, FCT, Abuja and The Nigeria Agricultural Quarantine Service (NAQS). Enugu House, CBD, FCT, Abuja reads:
Sir,
THIRTY (30) DAYS' PRE-ACTION NOTICEREVERSE THE ILLEGAL, UNLAWFUL AND UNCONSTITUTIONAL RE-APPOINTMENT OF DR. VINCENT ISEGBE AS DIRECTOR-GENERAL OF NIGERIA AGRICULTURAL QUARANTINE SERVICE
The above subject refers.
I Maduabuchi O. Idam, Esq. Writes as a Nigerian Citizen and Public Interest activist, to register my disenchantment against the cheerless news of Dr. Vincent Isegbe’s controversial re-appointment as the Director General (DG) of the Nigeria Agricultural Quarantine Service ( NAQS), to serve for a fresh term of five years in the NAQS after exiting the office following the expiration of his tenure as DG.
The law is unambiguous that, under the Public Service Rules, a public servant has either thirty-five (35) years to spend in service or he retires upon attainment of sixty (60) years of age, whichever comes first. Consequently, in satisfaction of the Rules, Dr. Vincent Isegbe, who was born on 26th March 1961 (according to information on the public space), retired on the 26th day of March 2021 but however continued to occupy the NAQS Director General office till 13th of December 2023 when he eventually bowed out after the completion of his term as DG, thereby necessitating the appointment of the most senior ranking officer who was so appointed by the Minister in line with the Nigeria Agricultural Quarantine Service Establishment Act (hereinafter after described as “the Act”), to head the agency as DG in acting capacity.
Howbeit, bearing in mind the combined effect of the Public Service Rules and the relevant sections of the Act, I daresay that from the 26th of March 2021, being the period Dr. Isegbe ceased to be in service as a result of his retirement, he ought to have exited the service. Nevertheless, he was asked to vacate the office on the 13th of December 2023 when his tenure as DG expired. Hence, the next most senior in rank was duly appointed in accordance with the Act.
For clarity, I hereunder set out the relevant section of the Act, being Section 10 (1), (2) and (5) viz:
(1) The President shall appoint for the service a Director General on the recommendation of the Minister.
(2) The Director General Shall be a person with cognate and professional experience in the agricultural quarantine activities and shall be a high-ranking officer in the service.(Underlined- “Shall be a high ranking officer in the Service” for emphasis).
Therefore, upon his retirement on 26th March 2021, Dr. Isegbe ceased to be both an officer and or high-ranking officer in the service and accordingly, he ultimately exited the office in 13th December 2023, following the expiration of his tenure as DG which necessitated the appointment of the next in rank to occupy the office albeit in acting capacity as provided by Section 10 (5) of the Act.
Interestingly, Section 10 (5) of the Act provides thus:
If for any reason, the Director General is unable to perform the functions or carry out his duties or there exist a vacancy (there exist a vacancy is underlined for emphasis) in the office of the Director General, the board may designate an employee of the service who is next in rank to act as Director General during the period of his inability or his vacancy until a Director General is appointed in accordance with the provisions of the Act and the employee shall while so acting perform all the powers and functions of the Director General.
With the foregoing unambiguous provisions of the Act as a beacon of light, it is my considered view that Dr. Isegbe has become a total stranger to the Agency, following his exit therefrom. Consequently, he does not qualify as a member of the Agency or an employee thereto and sadly, no provision of the Act contemplates the appointment of a retiree, a stranger or an individual outside the Agency to hold or occupy the position of the DG of the Agency. Therefore, the re-appointment of Dr. Isegbe is utterly baseless and unsupported by law.
What is more, any function carried out by him pursuant to the position is ultra-vires and of no legal consequence. This is because, the country is governed by laws and not by the whims and caprices of Mr. President or those in government and the Supreme Court in array of cases has reiterated that where the law prescribes the mode of doing something, that that mode and nothing else must be followed.
Pending the reversal of this unholy re-appointment, I am constrained to think that the renewed-hope mantra of Mr. President is synonymous with either renewed impunity or renewed hopelessness. Otherwise, why would a public servant, who had spent a total of nine (9) solid years in the office of Director General of a government agency, with an unimpressive record of gross abuse of office and corruption allegations, be considered fit for a re-appointment even after he exited office.
As a Nigerian citizen, I am curious to know: What is the fate of the next most senior officer in the agency who was already appointed as Director General in acting capacity and had been holding sway in that capacity till Dr. Vincent Isegbe’s re-appointment?
Now, will the acting DG be asked to vacate the office for Dr. Vincent to re-assume the position of DG? This must be repugnant to natural justice, equity and good conscience.
What is the encouragement for the officers in the agency who sacrifice their entire careers, hoping for progression?
Will Mr. President be comfortable to see officers in the agency grow and retire from service while Dr. Vincent Isegbe continues as Director General in perpetuity?
How will the agency experience innovation or even take advantage of fresh ideas from officers who have spent several years of service in the system, acquiring various trainings as public servants?
Has the office of the Director General, NAQS become Dr. Vincent Isegbe’s birth right?
The answer to the preceding poser is an emphatic NO.
This re-appointment is certainly not a good example of an administration that chants ‘renewed hope,’ because the hope of the teeming junior officers in NAQS who have invested their years expecting to grow to the highest position would have been truncated if Dr. Vincent Isegbe’s re-appointment is allowed to stand.
I wonder what motivated Dr. Vincent Isegbe’s re-appointment as the Director General of NAQS, considering the plethora of reasons working against him as cited above, which does not even include the several petitions filed against him by various Civil Societies which borders on allegations of corruption and abuse of office.
Unless Mr. President is bent on making unpopular appointments that serve the interests of minority of his cabals in government, he should reverse Dr. Vincent Isegbe’s appointment forthwith, and confirm the Acting Director General as substantive DG in order to encourage productivity, career progression and transparency in government.
TAKE NOTICE that thirty (30) days is hereby given within which to reverse the appointment. However, in the event of your failure to reverse Dr. Vincent Isegbe’s re-appointment within thirty (30) days, I and other patriotic Nigerians shall be constrained to approach the court to question the legality or otherwise of the aforesaid appointment.
Yours faithfully,
Maduabuchi .O. Idam, Esq.
Geneveive I. Anthony.
PP. M.O. Idam Attorneys.
