AGF Backtracks, Asks Ojukwu to Step Down as Executive Secretary of NHRC

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Following a news report by THISDAY, the Attorney General of the
Federation and Minister for Justice, Abubakar Malami (SAN), has
pulled back from his decision to side-step the Senate when he asked
Mr. Tony Ojukwu to resume as Acting Executive Secretary of the
National Human Rights Commission (NHRC) without clearance from the
Senate.

Our checks reveal that both the Senate and the Presidency were
angry over the ministry of justice’s decision. Their intervention
eventually forced a return to the status quo.

In this wise, the Solicitor General and Permanent Secretary,
Ministry of Justice, Mr. Dayo Apata, has written to Ojukwu to wait
for further instruction from the Secretary to the Government of the
Federation(SGF).

The letter was dated February 27, 2018. It read: “I am to inform
you to await further instructions from the office of the Secretary
to the Government of the Federation before further necessary action
Ojukwu has now handed over to Mrs Otti Ovravah who, before she was
compelled to hand over to Ojukwu, was the acting Executive
Secretary of the commission.”

THISDAY has exclusively reported that the AGF, ignoring an
advice from the SGF, directed Ojukwu to resume as Acting Executive
Secretary of the commission contradiction to civil service rules
and the Act that established the commission.

Some staff of the commission who felt that the action of the AGF
contradicted the civil service rules and the NHRC (Amendment) Act
alerted THISDAY to the illegality.
On February 13, 2016, the Permanent Secretary in the Ministry of
Justice and Solicitor General of the Federation caused a letter to
be delivered to Ovravah who was until then the acting Executive
Secretary of the commission to hand over to Ojukwu.

Following the completion of the tenure of Prof. Bem Angwe as
executive secretary, Ovravah took over as acting ES being the most
senior person in the commission.
President Muhammadu Buhari had in December last year written to the
Senate to request the confirmation of the appointment of Ojukwu as
executive secretary of the commission.

The Senate President, Bukola Saraki, had already read the letter
to senators at plenary.

The letter partly read: “In accordance with provisions of
Section 8 of the NHRC Act 2010, I have the pleasure to present Mr.
Anthony Okechuwku Ojukwu for confirmation as the executive
secretary of the NHRC by the Senate.”

However, the Senate had placed an embargo on the confirmation of
appointments made by the President following the retention of Mr.
Ibrahim Magu as the acting Chairman of the Economic and Financial
Crimes Commission (EFCC) despite rejection of his appointment by
the lawmakers.

However, in order to circumvent the provisions of Section 8 of
the NHRC Act 2010, which requires the Senate to confirm Ojukwu’s
appointment, the justice ministry wrote to Ovravah to handover to
Ojukwu.

Ovravah is the most senior in the commission and under the civil
service rules she should have continued to act as executive
secretary of the commission until the Senate confirms Ojukwu.

The letter with Ref. No SGF/PS/NHRC/180/T which is dated
February 08, 2018 was titled: ‘Approval to Resume Duty as Acting
Executive Secretary of the NHRC.’

It reads: “Kindly refer to the subject matter captioned
above.

“As you are aware in December 2017, President Buhari, nominated
Mr. Anthony Okechukwu Ojukwu as the substantive Executive Secretary
to the commission pending confirmation by the Senate.

“While thanking you for holding forte in the commission till
now, I am directed to inform you of approval to hand over the
administration of the commission to the nominee of Mr. President
since he is a serving director in the commission. This is pending
his confirmation by the Senate and full reconstitution of the
governing council. The directive is with effect from the date of
this letter.

“Please accept the assurance of the best wishes and
consideration of the AGF.”

Contrary to the impression given by the AGF, section 8 of the
NHRC (Amendment Act) which makes the appointment of an ES subject
to Senate confirmation does not discriminate on whether the
appointee is a director in the commission or is an outsider.

For the avoidance of doubt, Section 8 provides thus: “8. Section
7 (1) of the Principal Act is amended by substituting for a new
section 7(1) which states: “There shall be for the commission an
executive secretary who shall be – (a) a legal practitioner with
not less than 20 years post qualification experience and requisite
experience in human right issues; (b) a person of proven integrity
and be the chief executive and accounting officer of the
commission; (c) appointed by the President subject to confirmation
by the Senate.”

Ojukwu appointment was made through the Office of the Secretary
to the Government of the Federation and not through the AGF’s
office.