Tinubu violated FCCPC, NCAA Acts in removing their CEOs

On Monday President Bola Ahmed Tinubu announced the removal of the Executive Vice Chairman/CEO of the Federal Competition and Consumer Protection Commission (FCCPC), Babatunde Irukera, alongside the Director General of the Bureau of Public Enterprises (BPE), Alex Okoh.

The announcement which was made by presidential spokesman, Ajuri Ngelale, noted that the president had “dismissed” Irukera as CEO of the commission, although Mr Bayo Ononuga, adviser to the president on media and strategy, later said the two CEOs were relieved of their duties and not ‘dismissed’.

However, checks by Daily Trust have shown that the president may have violated the Federal Competition and Consumer Protection Commission Act  in the removal of Mr Irukera as the Chief Executive Officer.

Verification

The Federal Competition and Consumer Protection Act which took effect in February 2019 saw the upgrade of the Consumer Protection Council (CPC) to the Federal Competition and Consumer Protection Commission.

• Fountain University records breakthrough in early cervical cancer diagnosis
• War on Gaza: ICJ begins hearing genocide case against Netanyahu

Checks by Daily Trust outline what sections 5 & 8 of the Federal Competition and Consumer Protection Act (FCCPA) talk about appointment and removal of the chief executive officer.

The two sections of the act clearly state that the CEO cannot be removed from office without first seeking approval from the Senate.

According to the FCCPC Act, once a good case is established against any commissioner or the head of the organisation, the exercise of the powers of the president under the relevant section must be subject to the approval of the Senate.

It reads, “A commissioner may resign his office by giving three months’ written notice to the president through the minister. A commissioner may be suspended, or removed from office by the president if he: is found to have been unqualified for appointment as a commissioner pursuant to provision of this act or in breach of conditions of his appointment.

“Has demonstrated inability to effectively perform the duties of his office; has been absent from five consecutive meetings of the board without the consent of the chairman, except he shows good reason for such absence, or is guilty of a serious misconduct in relation to his duties as a commissioner, and as defined under public service rules.

“In the case of a person who possesses a professional qualification, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority or is in a breach of the conflict-of-interest rules set out under section 14 of this act.”

However, the law added, “The exercise of the powers of the president under this section shall be subject to the approval of the Senate.”

Conclusion

Following verification by Daily Trust and what the law says on removal of the Executive Vice Chairman and Chief Executive Officer of the FCCPC, it is concluded that President Tinubu violated the act by removing Mr Babatunde Irukera from his position as CEO.

Similar Infractions at NCAA

Meanwhile, findings by Daily Trust have shown that the president also violated the Civil Aviation Act when he removed the Director General of the Nigerian Civil Aviation Authority, Capt. Nuhu Musa.

It will be recalled that President Tinubu in December 2023 announced the suspension of Director General of the Nigeria Civil Aviation Authority (NCAA), Capt. Musa Shuaibu Nuhu, alongside the removal of other heads of agencies under the Ministry of Aviation and aerospace development will be probed by the Economic and Financial Crimes Commission (EFCC).

The president also replaced him with Capt. Chris Najomo in acting capacity according to presidential spokesman Ajuri Ngelale, who disclosed this also said that Nuhu’s suspension will enable the anti-graft agency to beam its anti-corruption searchlight on the NCAA.

“Director General of the Nigeria Civil Aviation Authority (NCAA), Capt. Musa Shuaibu Nuhu, has been suspended from office to enable the Economic and Financial Crimes Commission (EFCC) to conduct an unfettered investigation into the activities of the suspended Director General and other senior officials in the Nigeria Civil Aviation Authority.

Verification

Checks by Daily Trust show that President Tinubu also disregarded the civil aviation law in removing the director general.

Section 11 of the law which talks about appointment and removal of director general said, “There shall be for the Authority a Director-General Civil Aviation Appointment (in this Act referred to as “the Director-General”) who shall be appointed by the President on the recommendation of the Minister, subject to confirmation by the Senate.

The law also clearly stated that, “The Director-General may be removed from office by the President subject to confirmation by the Senate, where he

becomes of unsound mind or is incapable of carrying out his duties as a result of physical or mental illness or has demonstrated inability to effectively perform the duties of his office;  has been absent from five consecutive meetings of the Board without the consent of the Chairman unless he shows good reason for such absence or in the case of a person possessed of professional qualifications, is disqualified or suspended from practicing his profession in any part of the world by an order of a competent authority;”

As such, the Civil Aviation Act clearly states the procedures of appointment and removal of the director general which is subject to Senate approval

Conclusion

Following careful verification, Daily Trust ascertains that just like the FCCPC Act, the president also violated the Civil Aviation Act in removing the director general without recourse to the upper chamber of the National Assembly.

President setting wrong precedent – Lawyer

Speaking on the issue, a lawyer, Okonache Ogar, said the president is setting a wrong precedent by firing chief executives in violation of the law setting up the agencies.

“It is unfortunate what is happening  and every president seems to be doing this at their own whims and caprices because they have the power to fire and hire. What I expect the president to do is to write to the Senate who confirmed them informing them of his intention to remove them and stating the reasons why,” he said.