Appointment: Another Igbo activist sues Buhari

The controversies generated by the appointment of the new Comptroller-General of the Nigeria Customs Service (NCS), Col. Hameed Ibrahim Ali (rtd), may continue for a long time as another lawyer, an Enugu-based activist, Ifeanyichukwu Okonkwo, has also filed a suit at the Federal High Court Umuahia, Abia state, challenging the constitutionality of the appointment.

Okonkwo’s suit is coming a few days after Marcel Dim-Udebuani, a lawyer based in 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 premised his argument on the fact that “the Federal Republic of Nigeria is a country for all the citizens, South-East inclusive.”

Also , Okonkwo in the suit FHC/UM/CS/216 in which he also joined the Attorney General of the federation and Ali, he 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 and therefore wanted it declared ‘ultra vires’ of the president’s executive powers and duties as well as a breach of his Oath of Office.

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The legal practitioner asked for “a declaration that as at 27th of August 2015, when the President purportedly appointed the Col. Ali (rtd) as 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.

He therefore sought “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.

“ 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 Comptroller-General of NCS and thus his appointment by President Buhari is unconstitutional, null and void”.

He faulted the announcement in a statement by Femi Adesina, a Media Adviser to President Buhari, saying it was without due regard to Civil Service Rules.

He explained 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”.

He added: “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 60 years of age, a pensioner, he is not eligible for appointment into the federal civil service regarding the Nigeria Customs Service.

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