An Enugu-based activist, Ifeanyichukwu Okonkwo has
filed a suit at the Federal High Court Umuahia, Abia
state challenging the constitutionality of the
appointment of Col. Hameed Ibrahim Ali (rtd) as the
Comptroller-General of the Nigeria Customs Service by
President Muhammadu Buhari.
[img]http://cdn1.vanguardngr.com/wp-content/uploads/2015/09/300x280xHameed-Ali-new-Customs-CG-300x280.jpg.pagespeed.ic.V3hwXwhprI.webp[/img]
New-Customs-CG-Hameed-Ali
An Enugu-based activist, Ifeanyichukwu Okonkwo has
filed a suit at the Federal High Court Umuahia, Abia
state challenging the constitutionality of the
appointment of Col. Hameed Ibrahim Ali (rtd) as the
Comptroller-General of the Nigeria Customs Service by
President Muhammadu Buhari.
However, Okonkwo’s suit is coming few days
after Marcel Dim-Udebuani, a lawyer who hails from
Nnewi North Local Government Area of Anambra State,
filed a suit no FHC/ABJ/CS/732/2015, before an Abuja
Federal High Court, accusing Buhari of allegedly
breaching Nigeria’s federal character principle in his
appointment of persons into key positions under his
administration.
Dim-Udebuani who joined the Chairman of the Federal
Character Commission as the co-defendant, contended
then, that the 25 appointments made so far by the
President were in breach of the spirit of federal
character enshrined in section 14 (3) of 1999
Constitution of Federal Republic of Nigeria.
He anchored his suit on the grounds “that the Federal
Republic of Nigeria is a country for all the citizens,
South-East inclusive.”
Similarly, Okonkwo in the suit FHC/UM/CS/216 in
which he joined the Attorney General of the federation
and Ali, the plaintiff also sought the interpretation of
Sections 5(1), 147(1), 148, 151 and 171(1) of the 1999
Constitution and the Custom and Excise Management
Act, Cap. 45 Vol. 4LFN 2004 among others.
Okonkwo asked the court to declare that the
appointment of Col. Ali (rtd) as Comptroller-General of
the Nigeria Customs Services violated 5(1), 147(1),
148, 151 and 171(1) of the 1999 constitution as well as
a declaration of the appointment as ‘ultra vires’ of the
president’s executive powers and duties and breach of
his Oath of Office.
He further asked for “a declaration that as at 27th of
August 2015, when the President purportedly appointed
the Col. Ali (rtd) Comptroller-General of the NCS; the
President breached the statutory mandatory provision
in section 147(1) of the 1999 constitution; having not
appointed Minister of Finance, the 2nd defendant.
“A declaration that the appointment of Col. Ali (rtd) as
the Comptroller-General of the NCS is not supported by
any iota of law, and a clear violation of the Public
Service Rules application to the NCS. A declaration
that there is no enabling law made by the national
Assembly as the authority for the appointment of Col.
Ali (rtd) as the new Comp,troller-General, NCS, his
appointment by President Buhari is unconstitutional,
null and void”.
Okonkwo told the court that the purported press
statement by Mr. Femi Adesina, an aid of President
Buhari was without due regard to Civil Service Rules,
stressing that an appointment to the office of CG of
NCS “shall not be made except with the
recommendation of the Minister of Finance, and among
Deputy Controller-Generals, Assistant Controller-
Generals and or Controllers in the Service.
“The appointment was not in response to advertised
vacancy, therefore the said appointment is of no legal
consequence and as a retired Colonel in the Nigerian
Army above 60yrs of age, a pensioner, he is not eligible
for appointment into the federal civil service regarding
the Nigeria Customs Service,” he stated. http://www.vanguardngr.com/2015/09/igbo-activist-sues-buhari-over-alis-appointment-as-customs-cg/Cc. Lalasticlala |
