Despite Clocking 60: Accountant-General, FRSC Boss Still In Office

— IGP, Service Chiefs, NIS, NCS, FSCG, NSCDC Bosses Also Had
Similar Controversial Extensions

There has been growing disquiet over the continuous active
service of the Federal Road Safety Corps [FRSC] Boss, Boboye
Oyeyemi, as well as the Accountant General of the Federation, Ahmed
Idris, after clocking the mandatory retirement age of Sixty [60]
Years months before now.

According to an investigation carried out by Daily Trust [Not
Nairalaw], Idris and Oyeyemi, according to available
records were expected to have vacated their positions when they
clocked 60, precisely November 25 and 26, 2020, respectively. The
Investigation also found that whilst the Public Service Rule had
made no exceptions with regards the age of retirement being 60
years or 35 years of service, the duo have however laid credence to
what they refer to as ‘Tenured Appointment’ to justify their
continuous stay in office, and no response or action has been taken
by the Federal Government in this regards.

From available records, Idris appointment as Accountant General
of the Federation first came in 2015, prior to which he had served
as the Director of finance and accounts at the Federal Ministry of
Mines and Steel Development. Less than two years into retirement,
in 2019, President Muhammadu Buhari led Federal Government
reappointed Idris for another four [4] years term. It is noteworthy
that a civil society organization called, Youth Empowerment and
Equal Justice, has approached the Federal High Court in Abuja to
declare that Idris is illegally occupying the office of the
AGF.

Oyeyemi on the other hand, was first appointed in 2014 by the
Goodluck Jonathan-led Federal Government, whereafter he was
reappointed in 2018 for an extended period of another four years
despite his expected mandatory retirement in about two years time.
Oyeyemi started his career as a career officer in 1988. The
controversy with Oyeyemi’s tenure is that in addition to his
continuous stay in office, the Federal Road Safety Act does not
envisage any reappointed of any commissioner of the agency, and
same applies to the Corp Marshal.

However, whilst addressing reporters and journalists after a
meeting with General Buhari, the minister of Labour and Employment,
Chris Ngigi, has noted that the actions of the President in
reappointing Idris was carried out in line with the law and in
accordance with the discretionary powers associated with the office
of Mr. President, as enshrined in section 177 of the 1999
Constitution.

“We have had two meetings on that and I have educated them that
the 1999 Constitution, the supreme law of the land, is the
grundnorm, all other laws rose from it and any law that is in
conflict with the provisions of the constitution doesn’t stand,
it’s struck down.

“Therefore Mr. President has exercised his powers under Section
171 of 1999 Constitution as amended in reappointing Mr. Ahmed Idris
with effect from June 25, 2019, not even today. So the man has a
tenure of four years which by terms of appointment elapses June
2023,” he said.

When contacted by Daily Trust [not Nairalaw], the
spokesperson for the FRSC, Bisi Kazeem, said that the the
appointment of Mr. Oyeyemi is one of a political nature, one which
is tenured and has the currency of the appointment, at the pleasure
of the President.

“The corps marshal is a political office and his tenure of
office is at the pleasure of the president unlike a career
civil/public servant’s appointment whose appointment is governed by
Civil/Public Service Rules and Section 7 (1) of the FRSC Act, 2007
provides that the corps marshal shall be appointed by the
president.”

“The only qualification required by Section 7(1) FRSC Act, 2007
is that the person so appointed by the president shall be a person
possessing sound knowledge or ability in the organization and
administration of road traffic and road safety matters.” She
noted.

Incidents of tenure elongation in sharp conflict with the
statutory provisions have once again reinvented the debate as to
the place of statute in determining resignation and retirement in
civil and public service works, for instance:

The four service chiefs replaced last month by the Presidency
spent five years, six months in office, outliving many of their
juniors in service, due to a number of extensions they got from the
president. Same scenario played out with the tenure extension
granted to the Controller General of Immigration [CGI], Muhammad
Babandede, thereby affecting his statutory retirement date if
September 12, 2020.

The alleged arbitrary actions of Mr. President has however been
challenged by a legal practitioner, Daniel Makolo, at the National
Industrial Court. The said lawyer is urging the court to declare
that Babandede could not lawfully remain in office beyond September
12, 2020, in the face of the provisions of the Public Service Rules
(PSRs) 100238 and 020810 made pursuant to sections 160, 169 and 172
of the Constitution and sections 2 and 3 of the NIS Act 2015.

Other notable examples Include; the Controller General of the
Nigerian Correctional Service (NCS), Jafaru Ahmed, also had his
tenure extended by President Buhari before his eventual exit in
January 2020. Appointed in 2016, he was supposed to retire in July
2019 after clocking the statutory age of 60.

Also, the Fire Service Controller General, Joseph Anebi, was
expected to retireas of September 2018, but had his tenure extended
by General Muhammadu Buhari, which saw him leaving in 2019.

Similarly, the former Commandant General of the Nigeria Security
and Civil Defence Corps (NSCDC), Abdullahi Gana, was given a six
months extension on July 17, 2020, despite being due to retire
after clocking the statutory 60 years of age. He was eventually
replaced by Abubakar Audi as the substantive Commandant on February
18.

The Inspector General of Police, Mohammed Adamu, also had his
tenure on February 4 extended by President Buhari after he
attainment of the statutory 35 years of service as provided in the
Service Rules. An action which is being challenged by the Nigerian
Bar Association [NBA] at the Federal High Court in Lagos, on the
grounds of the action being Ultra Vires.

The somewhat frequency and outright derogation of statutory
provisions by the Federal Government necessitate the relevance of
the memo issued by the then Head of Service of the Federation,
Stephen Orosaya in 2009 and titled, “Interpretation of Public
Service Rules on Compulsory Retirement Age/Yes of Service in
Relation To Tenured Appointment of Serving Public Officers”,
wherein he insisted on the need for Public officers to respect the
provisions of retirement terms.

The said memo reads in part, “For the avoidance of doubt, and in
order to maintain discipline and integrity of the public service,
extant Public Service Rules, which prescribe 60 years of age or 35
years of service for mandatory retirement should strictly be
complied with. Accordingly, the following guidelines shall
apply:

“(i) that career officers who wish to take up tenured
appointments should, at the point of taking up the appointment,
retire from service to ensure they run their term
uninterrupted;
“(ii) that career officers who have not retired or choose not to
retire from service, before the commencement of their tenured
appointment, must leave office on the attainment of the mandatory
age/years of service for retirement; and
“(iii) career officers who are currently holding tenured
appointments are required to retire from the service with immediate
effect and continue to run their term. Failure to do so would mean
that they would vacate office on attaining the mandatory retirement
age or at the expiration of their term, whichever comes first.”

— IGP, Service Chiefs, NIS, NCS, FSCG, NSCDC Bosses Also Had
Similar Controversial Extensions

There has been growing disquiet over the continuous active
service of the Federal Road Safety Corps [FRSC] Boss, Boboye
Oyeyemi, as well as the Accountant General of the Federation, Ahmed
Idris, after clocking the mandatory retirement age of Sixty [60]
Years months before now.

According to an investigation carried out by Daily Trust [Not
Nairalaw], Idris and Oyeyemi, according to available
records were expected to have vacated their positions when they
clocked 60, precisely November 25 and 26, 2020, respectively. The
Investigation also found that whilst the Public Service Rule had
made no exceptions with regards the age of retirement being 60
years or 35 years of service, the duo have however laid credence to
what they refer to as ‘Tenured Appointment’ to justify their
continuous stay in office, and no response or action has been taken
by the Federal Government in this regards.

From available records, Idris appointment as Accountant General
of the Federation first came in 2015, prior to which he had served
as the Director of finance and accounts at the Federal Ministry of
Mines and Steel Development. Less than two years into retirement,
in 2019, President Muhammadu Buhari led Federal Government
reappointed Idris for another four [4] years term. It is noteworthy
that a civil society organization called, Youth Empowerment and
Equal Justice, has approached the Federal High Court in Abuja to
declare that Idris is illegally occupying the office of the
AGF.

Oyeyemi on the other hand, was first appointed in 2014 by the
Goodluck Jonathan-led Federal Government, whereafter he was
reappointed in 2018 for an extended period of another four years
despite his expected mandatory retirement in about two years time.
Oyeyemi started his career as a career officer in 1988. The
controversy with Oyeyemi’s tenure is that in addition to his
continuous stay in office, the Federal Road Safety Act does not
envisage any reappointed of any commissioner of the agency, and
same applies to the Corp Marshal.

However, whilst addressing reporters and journalists after a
meeting with General Buhari, the minister of Labour and Employment,
Chris Ngigi, has noted that the actions of the President in
reappointing Idris was carried out in line with the law and in
accordance with the discretionary powers associated with the office
of Mr. President, as enshrined in section 177 of the 1999
Constitution.

“We have had two meetings on that and I have educated them that
the 1999 Constitution, the supreme law of the land, is the
grundnorm, all other laws rose from it and any law that is in
conflict with the provisions of the constitution doesn’t stand,
it’s struck down.

“Therefore Mr. President has exercised his powers under Section
171 of 1999 Constitution as amended in reappointing Mr. Ahmed Idris
with effect from June 25, 2019, not even today. So the man has a
tenure of four years which by terms of appointment elapses June
2023,” he said.

When contacted by Daily Trust [not Nairalaw], the
spokesperson for the FRSC, Bisi Kazeem, said that the the
appointment of Mr. Oyeyemi is one of a political nature, one which
is tenured and has the currency of the appointment, at the pleasure
of the President.

“The corps marshal is a political office and his tenure of
office is at the pleasure of the president unlike a career
civil/public servant’s appointment whose appointment is governed by
Civil/Public Service Rules and Section 7 (1) of the FRSC Act, 2007
provides that the corps marshal shall be appointed by the
president.”

“The only qualification required by Section 7(1) FRSC Act, 2007
is that the person so appointed by the president shall be a person
possessing sound knowledge or ability in the organization and
administration of road traffic and road safety matters.” She
noted.

Incidents of tenure elongation in sharp conflict with the
statutory provisions have once again reinvented the debate as to
the place of statute in determining resignation and retirement in
civil and public service works, for instance:

The four service chiefs replaced last month by the Presidency
spent five years, six months in office, outliving many of their
juniors in service, due to a number of extensions they got from the
president. Same scenario played out with the tenure extension
granted to the Controller General of Immigration [CGI], Muhammad
Babandede, thereby affecting his statutory retirement date if
September 12, 2020.

The alleged arbitrary actions of Mr. President has however been
challenged by a legal practitioner, Daniel Makolo, at the National
Industrial Court. The said lawyer is urging the court to declare
that Babandede could not lawfully remain in office beyond September
12, 2020, in the face of the provisions of the Public Service Rules
(PSRs) 100238 and 020810 made pursuant to sections 160, 169 and 172
of the Constitution and sections 2 and 3 of the NIS Act 2015.

Other notable examples Include; the Controller General of the
Nigerian Correctional Service (NCS), Jafaru Ahmed, also had his
tenure extended by President Buhari before his eventual exit in
January 2020. Appointed in 2016, he was supposed to retire in July
2019 after clocking the statutory age of 60.

Also, the Fire Service Controller General, Joseph Anebi, was
expected to retireas of September 2018, but had his tenure extended
by General Muhammadu Buhari, which saw him leaving in 2019.

Similarly, the former Commandant General of the Nigeria Security
and Civil Defence Corps (NSCDC), Abdullahi Gana, was given a six
months extension on July 17, 2020, despite being due to retire
after clocking the statutory 60 years of age. He was eventually
replaced by Abubakar Audi as the substantive Commandant on February
18.

The Inspector General of Police, Mohammed Adamu, also had his
tenure on February 4 extended by President Buhari after he
attainment of the statutory 35 years of service as provided in the
Service Rules. An action which is being challenged by the Nigerian
Bar Association [NBA] at the Federal High Court in Lagos, on the
grounds of the action being Ultra Vires.

The somewhat frequency and outright derogation of statutory
provisions by the Federal Government necessitate the relevance of
the memo issued by the then Head of Service of the Federation,
Stephen Orosaya in 2009 and titled, “Interpretation of Public
Service Rules on Compulsory Retirement Age/Yes of Service in
Relation To Tenured Appointment of Serving Public Officers”,
wherein he insisted on the need for Public officers to respect the
provisions of retirement terms.

The said memo reads in part, “For the avoidance of doubt, and in
order to maintain discipline and integrity of the public service,
extant Public Service Rules, which prescribe 60 years of age or 35
years of service for mandatory retirement should strictly be
complied with. Accordingly, the following guidelines shall
apply:

“(i) that career officers who wish to take up tenured
appointments should, at the point of taking up the appointment,
retire from service to ensure they run their term
uninterrupted;
“(ii) that career officers who have not retired or choose not to
retire from service, before the commencement of their tenured
appointment, must leave office on the attainment of the mandatory
age/years of service for retirement; and
“(iii) career officers who are currently holding tenured
appointments are required to retire from the service with immediate
effect and continue to run their term. Failure to do so would mean
that they would vacate office on attaining the mandatory retirement
age or at the expiration of their term, whichever comes first.”