By K.M Aboki
It may be recalled that president Bola Ahmed Tinubu recently made new appointment in some key federal government agencies and commissions, etc.
The National Hydroelectric Power Producing Areas Development Commission (N-HYPPADEC) is one of the commissions that got new managing director being appointed by the president of the federal republic of Nigeria. His Excellency Bola Ahmed Tinubu.
From the record, Mr. Tomi Somefun, a native and indigene of Oyo State is the one appointed as the managing director of the commission.
Amb. Nmaa Ahmed, PhD,DG,RAAMP, Niger State, submitted that the appointment made by the president made a person who is not a citizen of the member states as director of the commission is illegal and unconstitutional. Therefore, it must be reversed by the president considering what the law says.
Permit me to use this medium to express my opinion strictly on point of law in respect to the position of the writer, briefly.
Firstly, the staffs of the commission are provided under Part IV, at section 12 of the Hydroelectric Power Producing Areas Development Commission(Establishment, etc) Act, 2010.
The power to appoint director for the commission lies in the hand of the president as provided under section 12(1) of the Act. It should be known that this power is not without its restrictions as the section went further to state some conditions that must be fulfilled before person can be validly appointed to serve as managing director of the commission.
For lucid and clear understanding of the law, the provision of the section is reproduced below, thus:
12.(1) There shall be a managing director for the commission who shall be-
(a) appointed by the president subject to confirmation by the Senate
(b) be a competent Nigerian; and
(c) hold office on such terms and conditions as may be specified in his letter of appointment
(2) The managing director shall-,
(a) be an indigene from among the member states of the commission whose appointment and tenure shall rotate among member states in alphabetical order provided that the chairman and managing director shall- not indigene of same state;
(b) be responsible for the general supervision of the employees of the commission;
(c) be the chief Accounting officer of the commission; and
(d) hold office for a term of 4 years and renewable for another term of 4 years and no more.
(3) The Managing Director of the Directorate of legal services shall be the Secretary of the commission and shall subject to the general direction of the Council, be responsible for-,
(a) The administration of the Secretariat of the Council; and
(b) Keeping the book and proper record of the proceedings of the Council.
From the contents of the above cited authority, it is clear without ambiguity that for a person to qualify to be validly appointed as Director of the Commission he/she must be an indigene of one of the member states.
Moreover, the power of the president to appoint director for the commission is restricted to be within member states and not otherwise, the section is exhaustive by nature.
Hence, any appointments made or purported to be made by the president of a person to serve as the Director of the commission who is not an indigene of any of the member states is ultra vires, illegal and unconstitutional. Because in a democratic state like Nigeria, rule of law must be respected and thesame rule of law requires and demand that government must act within the ambit of the law, it must be a government that observes what the laws say not only when it favors it. Law is superior to the governed and the government and therefore it must be respected by both side.
In this regard, the opinion, argument and submission of Amb. Nmaa Ahmed PhD.., is valid, correct and meritorious especially coming at this critical moment when our democracy is shaking and sinking.
Therefore, I unequivocally, totally and entirely agreed with his succinct submission and aligned myself with his position in opinion and calling for Justice and observance of the law.
Mr. President should be the one to respect our laws before anyone else for him being the guardian of the law, I also call on the president his Excellency Bola Ahmed Tinubu to nullify the appointment by simply reversing and revisiting his earlier decision and do the right thing.
In conclusion, I also called on the advisory committee and council of member states to put hands together in seeing that the right thing is done. Leadership requires fairness, justice and equal treatment in respective of tribe, region, religion or whatever affiliation. Mr. President Should be a figure from which all other government officials and public office holders will look on to and learn from him and not the contrary. If a guardian of law shall not respect same law he is elected to protect who then will protect it?
K.M Aboki
08108147365