Senate has asked President Muhammadu Buhari to sack the Comptroller- General of Nigeria Customs Service, NCS, Col. Hameed Ibrahim Ali,rtd as according to them is not fit to hold any public office.
According to the Senate, Ali’s resignation from his position as the head of the Customs Service has become imperative because he was unable to show respect to the Senate as an institution, despite being an appointee of the government.
The Senate has also urged the NCS boss to outrightly cancel its proposed payment of import duty on old Vehicles. The resolutions of the Senate followed the failure of Ali to appear before it as expected, over the Senate directive that he must appear in uniform, and citing the suit at a Federal High Court in Abuja, after he was walked out of the Senate chambers for not conforming to its directive to appear in uniform.
The Senate also resolved to write President Muhammadu Buhari to caution the Attorney General of the Federation and Minister of Justice, Abubakar Malami to respect the principle of Separation of power, just as it urged the President to restrain the AGF from unconstitutional interference in the work of the National Assembly.
The Senate condemned the AGF for attempting to derail it from carrying out its functions, just as it described his letter advising the senate to desist from further attempt to summon the Comptroller General of Customs and also urging him to wear uniform as an insult on the National Assembly. The senators also resolved to send their resolutions to the House of Representatives for concurrence to make the resolutions that of the National Assembly.
Malami had written the clerk of the Senate on Tuesday, demanding that the senate should put on hold further actions against the CG of customs as the matter had been taken to the court.
The Senate had earlier entered an executive session which lasted for one hour, ten minutes where the issue of Ali and other matters relating to the Senate were discussed.
Vanguard gathered that the modalities on how to handle Ali’s issue and the perceived interference of Malami was discussed at the meeting.
When the matter came up as contained in the Order Paper, the Deputy Senate leader, Senator Bala Ibn Na’allah asked that the Senate do receive the Comptroller General of Customs and Excise to brief the Senate on the proposed retrospective duty payment on vehicles in Nigeria.
In his opening remarks, deputy Senate President Ike Ekweremadu said, “There will be no need to go into the committee on the whole. Yesterday we got a letter written to the clerk of the Senate from the Attorney General of the federation stating that a case has been filed in court and that the matter is subjudice.
“So he advised that every action should stop including the attendance of the comptroller general of customs to this hallowed chambers. So if it is your wish I invite the clerk of the Senate to read the letter so that we have a full understanding on the content and intent of the letter for our consideration.”
Ekweremadu then asked the Clerk of the Senate, Nelson Ayewoh to read the letter from the Attorney General of the Federation and personally signed by the Minister.
The letter dated 21st March, 2017 with reference number HAGF/ NASS/2017/vol.1/28, read, “Re: Suit Number FHC/ABJ/CS/207/2017
Mohammed Ibrahim (ESQ) Versus Col.Hameed Ibrahim Ali (rtd) and four others
“I wish to formally intimate you that I am in receipt of a letter dated 20th, March 2017 wherein I have been served with an originating summons in respect of the above subject matter (copy attached).
“The originating summons is seeking among other declarations “whether the oversight functions of the National Assembly extends to compelling and/ or giving directive to the first defendant to wear uniform”
“In line with the principles of rule of law, Court decisions or most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub-judice.
“In view of three above, it is the interest of justice and rule of law to stay all actions in this case until the constitutional issues raised in the matters are resolved by the law courts. I wish to further intimate you that as a defendant in the said suit, I intend to file processes and pursue it to a logical conclusion. Accept my warm regards.”
The letter however provoked the Senators especially against the backdrop that Malami advised a stay action, on what was considered the constitutional duty of the Senate.
Starting the discussions, Senator Benjamin Uwajumogu, APC, Imo North, said, “My opinion is that Nigeria operates democracy which is established on separation of powers. We have executive, legislative and the Judiciary and that means that no arm of government can stop the other from carrying out its constitutional responsibility.
Senator Uwajumogu cited the 2013 case of impeached Deputy Governor of Imo State, Mr. Jude Agbaso by the State House of Assembly. Agbaso had challenged in removal up to the Supreme court, which upheld the impeachment on the premise of separation of powers.
In his contribution, Senator Senator Dino Melaye, APC, Kogi West who queried whether a court process can stop any arm of government from carrying out its duties, said, “What we have from the AGF is an insult to the National Assembly. Where did the AGF, who we screened on this floor, derive his powers from to tell us how we should carry out our duty. It is not a Court Injunction, it is not a Court Order but a mere process filed by a third party, and you want us, because somebody rushed to Court to file a process, we should abandon our responsibilities, it is another dark day for democracy.
Melaye who the position of the CG, as that of a public servant, said that Ali has exceeded the stipulated age for public servants, and is therefore not qualified for the designation of CG, just as he cited Public Service Rules, Guidelines for Appropriation, Promotion and Discipline and the Pension Reform Act 2004, which all stipulate that 60 years or 35 years of pensionable service, (whichever is earlier) as compulsory retirement age for all grades in the service including the Customs service.
He said, “We are in democracy, where we have a President, who on May 29, 2015, a man of honor and integrity, told Nigerians that the fundamental principle of this government shall be the respect for the rule of law. Now there is a test, the President has a choice to choose between the rule of law and Hameed Ali. We will see what will happen. There is a provision that forbids Hameed Ali from being CG. The President may so wish, if he wants, to appoint Hameed Ali as Sole Administrator.”
On his part, Senator Isa Misau, APC, Bauchi Central said that the enemies of the Buhari government, are within the presidency, adding that they do not want the government to succeed when one considers the kind of advice they are probably giving the President.
According to him, though he did not mention their names, but that they have resumed taking steps that were capable of causing tensions in just two weeks of the President’s resumption in office from a medical vacation in London.
Senator Misau said, “In the 59 days when the President was away, did you hear about Niger Delta Avengers? or herdsmen? or media attacks? In just two weeks he has been back, they are causing problems. The AGF is trying to cause problems between the National Assembly and the Presidency. If he writes this kind of letter, then we should imagine the kind of advice he is giving the President.
“They allowed the Acting President to work, maybe because he did not allow them set him against other institutions. He (Buhari) should remove them from his government,” he said.
Also contributing, the Deputy Senate President who asked what was the big deal for Ali to put on the uniform of his rank as CG, said, “God forbid a day we stop considering the budget because somebody has gone to Court to challenge a section of the budget, or stop consideration of ministers because someone is challenging the certificate of one of them. It is not us versus them, we are same governement.”
Earlier in his contribution, Senator Ibrahim Gobir, APC, Sokoto asked the Senate to write the president and urge him to stop the AGF from interfering in the activities of the National Assembly.
In his contribution, Senator Enyinnaya Abaribe, PDP, Abia South said that the fact of the matter was the obnoxious policy which was introduced by the CG as that was what brought the Senate to the matter of asking the CG to come and explain to Nigerians that policy, adding, “And I don’t want Nigerians to forget that. I want to question the knowledge of the AGF on Nigeria law, his action shows an abysmal understanding of the law. I leave it to those who appointed him to tell us. Jude Agbaso versus the IMSG” that no arm of government can disrupt the processes of another arm of government. I suggest we ignore him and for the CG, we must declare him totally unfit for the office to teach him a lesson.”
In her contribution, Deputy Minority Whip, Senator Biodun Olujimi, PDP, Ekiti South said, “This is gross impunity, there is arrogant display of the ignorance of the CG who believes that he is bigger than the law and the CG who is ignorant of his duties.
There’s is separation of power and he has refused to understand it forgetting that he is a mare nominee. I stand by all resolutions proffered by Abaribe and I ask the government if this is the change they promised.”
In supporting Abaribe, Senate Deputy Whip, Senator Francis Alimekhena, APC, Edo North, said, “I rise to support the motion ably moved by my friend and a colleague, Senator Abaribe, that the Comptroller-General should be relieved of his duty, because the Comptroller General is unfit. He should resign, I so support. ”
On his part, Senator Mao Ohuabunwu: PDP, Abia North, said, ” I move that the Senate do mandate the attorney general to be obedient to the court order and advise the government to grant bail to Nnamdi Kanu and and Sambo Dasuki, because you cannot you cannot talk about obeying court order and refusing others. There’s a court order asking that Kanu and Dasuki should be released on bail. And if he cannot advice the government to obey that, what temerity has he to advise the Senate not to discuss an issue which is within our purview?
“So, I’m asking through my motion that since he has remembered that he would advise that court order should be obeyed, he should be mandated to ask or direct the government to obey the court orders on the release of Nnamdi Kanu and Sambo Dasuki, I so move.
But the motion was killed as nobody seconded it.
Here, the Minority Leader, Senator Godswill Akpabio, rising under Order 53 of he Senate Standing Rules, saying the issue raised by Ohuabunwa was outside the confines of the topic being treated.
To finally take a position, Senator Dino Melaye, APC, Kogi West moved a motion, saying, “Based on my earlier submission, and on the quotation from the Civil Service Rules, the Comptroller General of Customs is unfit to be addressed as comptroller general of Customs and so, in view of that provision, and the little prayer that he’s unfit, I concur that he’s unfit.
Supporting the motion, Senator Biodun Olujimi said, ” I move that the Senate writes a very strong-worded letter to the executive, attaching the resolutions of today so as to serve as deterrent to others who will want to flout the same constitutional provision.
Olujimi’s motion was supported by Melaye, which was adopted as a resolution, having been overwhelmingly supported by senators in plenary.
In his concluding remarks, said, : “Well, distinguished colleagues, I will like to thank all of you for your maturity and for your desired determination to protect this particular institution. We will all pass through this place and this place will remain, it is important that the integrity of this place be maintained just as we maintain the integrity of other institutions of government.
“Distinguished colleagues, recall that this was just a simple request by the Senate that a policy that is putting more hardship on our people should be reconsidered, a policy that was found to be retrospective and we said ‘please, reconsider this request’, and what we got was that it’s irreversible of which we invited the CG of Customs to come and have a conversation with us and to properly dress up while coming here. I don’t see any big deal for somebody dressing up in uniform of the organisation he heads. There’s is no problem about that, people should be proud to do that and we expect you to live by example because if you come here and properly dressed, the other officers and men will also follow the same example. So, we don’t want a situation where we will be telling people by our conducts that they are free to go to the Customs duty wearing agbada or wearing babanriga, that is not example that we should encourage. So, we as public officers and people in positions of authority must live by example.
“It is the conducts we portray that those who are following us will be able to adopt. So, that for us, is unacceptable and I think we have condemned this officially. ”
