The standoff between two personalities at the premises of the Code of Conduct Tribunal (CCT) on December 16, 2024, has further shown the lack of due diligence in the appointment of key government officials since the inception of the present administration of President Ahmed Bola Tinubu.
On the fateful day Messr Mainasara Kogo and Danladi Umar, appeared at the headquarters of the tribunal with each claiming to be its legitimate head.
President Tinubu had announced the appointment of Kogo on July 13 as the chairman of the CCT to replace Umar who, however, said his removal did not follow due process and was therefore null and void.
The standoff left the staff at the tribunal confused not knowing who they should listen to.
But this confusion was largely caused by the failure to follow the laid down procedures involved in the appointment and removal of the tribunal’s chairman.
According to the Act establishing the tribunal, the appointee is expected to go through a screening before the Federal Judicial Service Commission (FJSC) which recommends the person’s appointment to the National Judicial Service Commission (JSC) which in turn recommends to the president for his final approval.
It is not yet clear if Kogo has gone through these processes.
Similarly, the removal of a chairman has to go through certain procedures as laid out in the constitution. On November 20 and 26, four months after the announcement of Kogo’s appointment, the Senate and the House of Representatives, respectively, passed resolutions endorsing the removal of Umar as chairman of the CCT.
The resolutions were hinged on Section 17 (3) Part 1, Fifth Schedule of the Nigerian Constitution, and Section 22 (3) of the Code of Conduct Bureau and Tribunal Act 2004.
The section provides that “A person holding the office of chairman or member of the tribunal shall not be removed from his office or appointment by the president except upon and address supported by 2/3 majority of each house of the National Assembly praying that he so be removed for inability to discharge the function of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this code.”
While the issue of Umar’s removal is already before a Federal High Court, it is still an embarrassment that the nation has to go through another unavoidable mess. This is more so given the fact that the tribunal is a principal institution in ensuring due diligence and sincerity in the conduct of government’s business.
We at the Daily Trust believe that it is highly unfortunate that Nigeria has to be subjected to this embarrassing situation of non-compliance of simple procedure in the appointment or removal of government functionaries.
Since the advent of this administration, we have had several instances where appointments were reversed due to lack of due process. Recently, the president had to reverse the appointment of an acting Accountant General of the Federation less than a week after the announcement.
The presidency had on December 10, announced the appointment of an acting AGF adding that the substantive AGF was expected to proceed on pre-retirement leave.
However, it was reported that a letter from the Office of the Head of Service of the Federation had asked the substantive occupant of the position to continue in office until March 2025 when she is expected to retire.
This decision has reportedly left the staff in confusion and is bound to affect the discharge of their duties.
In a similar gaffe, the presidency was forced to reverse the appointment of the Chairman of the North West Development Commission (NWDC) when it was discovered that it ran contrary to the provisions of the Act establishing the commission. Many similar gaffes were committed before these.
It is a pity that the nation has to go through such embarrassing moments which result in loss of confidence in how the administration handles simple issues.
We believe the administration is not in short of experts whose duty it is to guide it properly. But what is apparent is that certain clique is always there to push their selfish agenda to the detriment of the nation.
It, therefore, behoves the president to ensure such gaffes are stopped forthwith. He should also seek to be guided by the relevant authorities in making such appointments. The Office of the Attorney General of the Federation and the Head of Service are some of such institutions that can adequately provide such guidance.
Daily Trust calls for a more diligent scrutiny of such actions to save the presidency and the nation from the consequences of such actions.
At this moment, the nation cannot afford to continue to be distracted by the inefficiency of its officials or the selfishness of those in the corridors of power.
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