Custom boss Ali unfit to hold office –Senate (Updated)

The ongoing face-off between the Senate and the Comptroller-General of Nigerian Customs Service (NCS), Col. Hameed Ali (retd), resurfaced on Wednesday, on the floor of the Upper Legislative Chamber, when lawmakers unanimously declared Ali unfit to hold any public office.

The Senate has also resolved to disregard a letter from the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, wherein he urged the Red Chamber to stay all actions in the face-off between it and Col. Ali, since the matter was already before a court of law.

Arising from a closed door session, which lasted for about an hour 35 minutes, where it was gathered that lawmakers extensively discussed the proposed appearance of Col. Ali, Senator Ike Ekweremadu who presided over the day’s legislative business, instructed the Clerk to the Senate to read a letter from the AGF.

The Clerk, Mr Nelson Ayewoh read the letter. “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.

“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.”

After reading the letter, Ekweremadu opened the floor for lawmakers to make their contributions. The Senate came up with three major resolutions.

He said: “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 sub-judice. So he advised that every action should stop, including the attendance of the Comptroller General of Customs to this hallowed chamber.

Senate spokesman, Abdullahi Sabi, moved the first motion. Senator Sabi moved that the NCS should cancel the controversial policy on vehicle inspection and come up with better ways of carrying out their responsibilities. His motion was carried by lawmakers.

Abaribe moved the other key motion. He moved that the Senate declares Customs boss, Ali as unfit to hold any public office. He added that he should be called upon to immediately resign from office as Comptroller General of NCS. His motion was overwhelmingly supported.

Senator George Sekibo on his part, moved another motion. He moved that the Senate condemns the AGF for flouting the provisions of separation of powers and the rule of law. His motion was also carried by lawmakers.

Senator Abdullahi Gobir moved that the Senate writes to President Muhammadu Buhari to call on the AGF and other government officials to order. No one supported his motion.

Senator Biodun Olujimi, added that the Senate should write a letter and attach to the resolution which will be forwarded to President Buhari in order to deter other government officials from flouting decisions taken by the Senate.

During the heated debate, lawmakers took turns to lampoon Col. Ali and the AGF. Senator Benjamin Uwajunogu from Imo State kick-started the onslaught when he declared that in line with an existing Supreme Court judgment, no arm of government, including the courts, can stop another from performing its duties.

He said: “Nigeria operates a system established on a division of power. If we give in to this today, it means somebody can go to court and stop Senate proceedings. Can we pass a resolution and stop a court proceeding? I maintain that no court case can stop Senate proceeding.”

Senator Dino Melaye from Kogi State, on his part, described the letter from the AGF, as an insult. He said never in the history of any democracy in Africa, has a Minister of Government, written a letter to a parliamentary, advising it not to carryout its constitutional functions.

“I want to ask a question. Can a process stop an arm of government from carrying out its constitutional responsibility? What we have from the AGF is an insult on the Senate and the National Assembly. Where does the AGF who was screened here, derive his powers to stop the National Assembly from carrying out its function?

“This is the first time an AGF in Africa will ask Senate to stop a parliamentary proceeding. It is not even a court injunction, but a court process. It is another day for democracy in Nigeria. The integrity of the Senate is on the line.

“We have a rule in this Senate that a matter in court cannot be considered. But no rule says that a matter already being considered here should be stopped by a court. The CG of Customs is not fit to be there,” he argued.

Drawing instances from the Civil Service Rule, he said the position of CG of NCS means the occupant is a public servant and is subject to the laws. By the provision of the Civil Service Rule, Ali is not qualified to be the CG of NCS. He is over 60 years.

“The President on the 29th of May, 2015, promised to obey the rule of law. It is up to the President to determine if he wants to sack Ali today or continue to allow him act. He has to chose between the rule of law and Ali. Enough is enough,” he added.

Senator Gobir, on his part, urged the Senate to write to the AGF and warn him of his unnecessary interference with the day to day running of the parliament.

He said: “We should write to the AGF to inform him of the unnecessary interference in the affairs of the Senate. We should understand that there is separation of powers. We need to respect that.”

Abaribe, criticized the AGF who he said he is ignorant of the law, by interfering with the proceedings of the Senate. He said no court case can stop an ongoing issue in the Senate.

He said: “The issue that has generated this controversy was the fact that the CG made an obnoxious policy and which Nigerians condemned. I do not want Nigerians to forget that. What we did was to let Ali know that what he did was wrong.”

Quoting Order 63(5) of the Senate Standing Rules, Abaribe said: “No other person is important in this matter other than the Senate. I want to question the understanding of the AGF of the laws of Nigeria. By going ahead to write to the Clerk to the Senate, it shows an abysmal lack of understanding of how things work here.

“We have an AGF who does not understand the provisions of the law. Finally, there is a decided case by the Supreme Court that no arm of government can stop another arm from doing its work.

“I suggest that we totally ignore the position of the AGF. I am sure that he has not seen the judgment in question. The CG has deliberately refused to come here. Let us declare the CG of Customs unfit to head the agency. We need to send a strong signal.”

Olujimi, described the refusal by the CG of NCS to appear as an act of arrogance. He said the duo, Malami and Ali are unfit to hold public offices.

“I will want to add that this letter is a serious bridge of the constitution. This is a gross impunity. Arrogance is at play here by the CG. We need to let the executive know that between the AGF and CG of Customs who are unfit to hold office, there is a separation of power.

“The time to watch it is now. The executive is pretending that nothing is happening. The whip that was used to beat the junior wife is waiting for the senior one. I want to say that I stand by all the points made by my colleagues. I want to ask if this is the change we were promised.”

Senator Isa Misau from Bauchi State, digressed, when he ascribed recent killings in the country to the return of President Buhari to Nigeria from a medical leave in the United Kingdom (UK).

He accused the handlers of the President and some officials working in the government, as enemies of the people.

He said: “If you see what is happening, you will see that the enemy of this government are within the presidency. If you see the kind of advice people in government are giving to the presidency, you will know that some people do not want him to succeed. When the President was away for 59 days, did you hear about any attacks, Niger Delta attacks or herdsmen attacks?

“Since the President returned, there have been attacks everyday. Some people are intentionally causing trouble for this government. We need to tell the President that the enemies of this government are within the this government. The people surrounding the government are enemies of the President.”

Sabi, on his part, reminded lawmakers of the origin of the current face-off. He said: “I want to take us back to the primary purpose which gave rise to this issue. It is about the retrogressive policy which wanted Nigerians to pay for something they did not do. The NCS said they have suspended the policy to make further consultations.

“I will like my colleagues to strongly state that the policy should be cancelled instead of the current suspension. This is what we should do. If we do not make this statement, some Customs officers may begin to extort money from Nigerians in the hither lands.”

Senator Mao Ohuabunwa, deviated and moved that the AGF be urged to obey a court order that Nnamdi Kanu and Sambo Dasuki be released from detention. No one seconded the motion.

Godswill Akpabio quoting from Order 43 of the Senate Standing Rules, called on Senator Ohuabunwa to wait and represent the issue later.

In his concluding remarks, Ekweremadu warned against frivolous court cases, maintaining that if caution is not exercised, aggrieved Nigerians may begin to file cases in court to stop the confirmation of Ministers and other government appointees.

Ekweremadu cautioned: “It is important that the integrity of this institution be maintained, just as we are in the position and must as well maintain the integrity of other institutions of government.

“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 sounds to be retrospective and what we got was that it was irreversible upon which we invited the CG of Customs to come and have a conversation with us and to properly dress up while coming here.

“I do not see any big deal in somebody dressing up in uniform of the organization he heads. No problem about that. People should be proud to do that and we expect him to lead by example because if he comes here properly dressed, the other officers and men will also follow the same example. We do not want a situation where we would be telling people by our conduct that you are free to go to the Customs duty wearing ‘agbada’. I think that is not a good example that we should encourage.

“We as public officers and people in authority must lead by example. It is the conduct you portray that those who are following us will be able to adopt. So, that for us is unacceptable and I think we have condemned it sufficiently.

“For the Attorney General, it is important that a message be sent to him that we are a different arm of government and that we obey the law in accordance with our constitution. We have our responsibility here to make laws.

“God forbids a day where we stopped considering the budget because somebody has gone to court to challenge the early aspect of the budget or we stopped consideration of Ministers because somebody somewhere is questioning in court the qualifications of a particular ministerial nominee.

“So that is why it is important that this matter be settled and the President needs to caution his appointees in making sure that they obey the law. We obey the constitution and we act in harmony. There is nothing like they versus us. We are the same government, we are the same people serving the same people.”

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