President Bola Tinubu may have breached the Act setting up the Federal Competition and Consumer Protection Commission in the removal of Mr Babatunde Irukera as the Chief Executive Officer.
Presidential Media Aide Ajuri Ngelale had in a statement on Monday announced that the president had “dismissed” Irukera as CEO of the FCCPC.
But the action of the President may have negated the spirit of Section 5 & 8 of the Federal Competition and Consumer Protection Act (FCCPA)
That section of the FCCPC Act stated that the CEO cannot be removed from office without first seeking approval from the Senate.
According to the FCCPC Act, once a good case is established against any commissioner or the head of the organisation, the exercise of the powers of the president under the relevant section must be subject to the approval of the upper chamber.
It reads, “A commissioner may resign his office by giving three months’ written notice to the president through the minister. A commissioner may be suspended, or removed from office by the president if he’s: found to have been unqualified for appointment as a commissioner pursuant to provision of this Act or in breach of conditions of his appointment.
“Has demonstrated inability to effectively perform the duties of his office; has been absent from five consecutive meetings of the board without the consent of the chairman, except he shows good reason for such absence, or is guilty of a serious misconduct in relation to his duties as a commissioner, and as defined under public service rules.
“In the case of a person who possessed a professional qualification, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority or is in a breach of the conflict of interest rules set out under section 14 of this Act.”
However, the law added, “The exercise of the powers of the president under this section shall be subject to the approval of the Senate.”
Speaking on the development, a Senior Advocate of Nigeria, Mr Femi Falana, said, “So the removal has to go through the Senate. And what is even more embarrassing is the use of the word ‘dismissal.’
“You do not dismiss somebody who has not committed an offence or has not been found wanting. This is a man who has done well for the country. He did what no regulatory agency has done for the country.
“A tobacco company paid $110 million to Nigeria and to the coffers of the government. But the painful aspect, for me, is that I was just suggesting on Tuesday that that money be used to upgrade one of the cancer centres in Nigeria.”
Falana added, “It’s actually libellous also to announce the dismissal of a public officer who has not been found wanting or indicted for serious misconduct. But what is important is that this is a man who should be commended by the entire country for the way and manner he organised the commission.
“This was recently demonstrated in the fine of $110 million imposed on the tobacco company, which has been paid to the coffers of the government. That company will be laughing at us. So, you cannot justify it.”
The rights activist stated that before Irukera was removed, he had other such pending matters, which would have also benefited the country.
