While we commend President
Muhammadu Buhari for dousing the anger in the land which emanated from the
surreptitious and scandalous recall, absorption and promotion of Abdulrasheed
Maina as a Director in the Ministry of Interior, we are compelled to ask the
critical question whether the President can lawfully direct the dismissal or
termination of the employment of a civil servant in the Public Service of the
Federation, without following the due process of law.
The facts that we know are
that both the Office of the Head of Service and Dambazzau’ s Ministry of the
Interior have publicly issued statements that Maina was recalled and posted to
the Ministry of Interior. So, we must assume that while Nigerians were totally
unaware, Maina was brought back into this Country and reintegrated in the
Public Service of the Federation. Thus, Maina , before the President’ s
directive ” was in the civil service of the Federation”
Under the law ( Public
Service Rules and Section 11 (1)(b)of the Interpretation Act, Cap I 23, Vol.8,
LFN, 2004,), it is the Federal Civil Service Commission or the Permanent Secretary
or Heads of Extra Ministerial Department as the case may be ( to whom
disciplinary powers are delegated) that have the statutory power to mete
disciplinary actions, including dismissal ( or sack ) to civil servants . In
particular, Rule 04102 of the Public Service Rules provides that ” the power to
dismiss and to exercise disciplinary control over officers in the Federal Civil
Service Commission is vested in the FCSC. This power may be delegated to any
member of the Commission or any officer in the Federal Civil Service ”
Legally, therefore, the
President lacks the power to sack or direct the Sack of Maina.
But the President has the
power to sack his AGF , the Minister of the Interior and any political
appointee including his Chief of Staff who are reported to have masterminded
and orchestrated the Maina fiasco. So, the President has left those he could
sack and has gone for the head of the one he could not lawfully sack.
It appears to be forlon
hope that the President will move soon against the members of his kitchen
cabinet who are hatching one plot of dent for him after another.
But I can hear people
shout for joy .” Thank goodness that the President has acted; what is rule of
law and due process anyway? What was necessary was for Maina, the weapon of
integrity destruction ( WID) to be defused” .
As we say, borrowing from
the Nigerian parlance, ” end of story”
Nigeria is an interesting
country. Very interesting.
Jiti Ogunye is a Lagos
based Legal Practitioner
Culled from LawyardNG
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