The Attorney General of the
Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has asked Tony
Ojukwu to assume office as the acting Executive Secretary of the National Human
Rights Commission (NHRC).
This is in contravention of the
civil service rules and the Act that established the commission which empowers
the Senate to clear the appointee.
Section 8 of the act states:
“There shall be for the commission an Executive Secretary who shall be: ‘a legal
practitioner with not less than 20 years post qualification experience and
requisite experience in human right issues; a person of proven integrity and be
the Chief Executive and Accounting Officer of the commission; appointed by the
president subject to confirmation by the Senate.”
President Muhammadu Buhari had in
December wrote to the Senate to request the confirmation of the appointment of
Ojukwu as executive secretary of the commission.
The letter read out by Senate
President, Bukola Saraki, noted: “In accordance with provisions of Section 8 of
the National Human Rights Commission Act 2010, I have the pleasure to present
Mr. Anthony Okechuwku Ojukwu for confirmation as the Executive Secretary of the
National Human Rights Commission 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.
Perhaps in a hurry, AGF Malami
directed the Solicitor General of the Federation, Dayo Apata, to write to Mrs.
Otti Ovravah, the recognized acting Executive Secretary of the commission to
handover to Ojukwu.
The letter with ref. No
SGF/PS/NHRC/180/T, dated February 08, 2018 and titled: ‘Approval to Resume Duty
as acting Executive Secretary of the NHRC’, 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
forth 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 the 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 Attorney General of the Federation and
Minister of Justice.”
But Ovravah should have continued
to act as executive secretary of the commission until the Senate confirms
Ojukwu.
Mr. Mohammed Ladan, who is the
next most senior officer, is not a lawyer. Ojukwu is the third most senior in
the commission’s hierarchy.
Malami’s spokesman, Salihu Isah,
did not pick calls put across to his phone. He also did not reply text
messages.
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