Did President Muhammadu Buhari make a procedural mistake in appointing Hameed Ali, a retired colonel, as the comptroller-general (CG) of Nigeria Customs Service?

According to section 3.11:1 of the Federal Republic of Nigeria Official Gazette No 24 Vol. 89 of 25th March 2002, the choice of the comptroller-general of customs shall be by “appointment of a suitable Deputy Comptroller-General of Customs (General Duty)”. This guideline is on page 226 of the gazette — which is an administrative publication of established procedures, orders and regulations.

A strict interpretation of the gazette would suggest that Ali was not qualified for the CG position since he was neither a customs officer nor a deputy comptroller-general.

But TheCable understands that in his desire to clean up customs, considered to be one of the most corrupt government agencies, Buhari could not find an insider to trust and decided to bring in Ali, who is known for his modesty and integrity. When Abdullahi Diko Inde recently retired as the CG, one of his six deputies was expected to be appointed as his replacement.

“Security reports on the current deputy comptroller-generals were not favourable in any sense,” an associate of the president told TheCable on Monday. “It became very clear to the president that he needed an outsider to thoroughly clean up the mess. Nigerians do not have any trust in the customs service, and this is one of the biggest revenue-collecting agencies for the federation.”

THE PRECEDENTS

Before arriving at the choice of Ali, Buhari had sought legal advice from insiders in his government, and he was given examples of how non-career customs officers headed the service in the past. Shehu Musa, a career civil servant, was appointed director of the department of customs and excise in 1975 to reform the structure inherited from the colonial government. Musa later served as the secretary to the federal government in the second republic. Haliru Bello Mohammed, a veterinary doctor, was in the ministry of internal affairs when he was seconded to customs as a director in 1989 by the government of Ibrahim Babangida. At the time, customs, immigrations and prisons were one unit under the internal affairs ministry. In 1990, after the three services were unbundled,

Mohammed was appointed the first CG of customs. He later became minister and acting chairman of the Peoples Democratic Party (PDP) in the fourth republic. In 1993, a serving soldier, Samuel Ango, then a brigadier-general, was appointed sole administrator of the service by the Sani Abacha administration. Ango held the position until February 1999 when the Abdulsalami Abubakar government appointed Aliyu Ahmed Mustapha as the comptroller-general.

However, these instances were long before President Olusegun Obasanjo issued the administrative order in 2002 which was gazetted, thereby giving it a procedural authority.

Falana: A gazette is not a law

LEGAL LOOPHOLE?

The confusion appears to have been created by the Customs and Excise Management Act (CEMA) which does not say anything on the appointment of the CG. It only specifies appointments into the board. Femi Falana, constitutional lawyer and a senior advocate of Nigeria (SAN), told TheCable that the gazette does not have the force of law and section 5 of the 1999 constitution empowers the president to make the appointment from outside the service. “For statutory bodies that the law does not clearly define how appointments are made, the president is fully protected by the 1999 constitution on how he can make the appointments,” he said. According to him, the gazette in question is “a scheme of service” which regulates the internal procedures of promotion within the customs structure. “What that gazette is saying in effect is that you cannot pick any customs officer below the rank of deputy comptroller-general as the CG. It is an internal procedure.

Ali was picked from the outside so the rule does not apply to him. The president is protected by section 5(1)(a) of the constitution which allows him to appoint anybody to help him exercise his executive powers,” he said. The section says: “Subject to the provisions of this Constitution, the executive powers of the Federation shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.” “By his appointment, Ali is now an officer of the public service of the federation overseeing the customs service on behalf of the president. No law has been broken,” Falana said.
None of the members of Inde’s team passed security screening, sources say

SOLE ADMINISTRATOR?

However, a retired senior civil servant, who declined being named, told TheCable that Buhari should have appointed Ali the sole administrator of customs and not comptroller-general because he is not a career customs office. “He can appoint Ali into the board and then make him sole administrator since he has a specific duty of cleaning up the place.

The comptroller-general is a career position that is done from within the service. In the case of Haliru Mohammed, he was already a director of the service. It was from there he was made CG by Babangida in 1990,” he explained. “Even under the military, they did not call an outsider comptroller-general. Ango was called sole administrator because he was a military man not a career customs man. When Mamman Kotangora was appointed to head ABU Zaria, he was not called vice chancellor. He was called sole administrator. You cannot appoint a VC from outside the university system.” He also said having attained the age of 60, Ali could not be named comptroller-general as this is unknown to all the rules related to the administration of customs. “You retire from service when you have either served for 35 years or you are 60 years old, depending on which comes first. Ali is already 60 and cannot be called CG, but he can be sole administrator and he can still carry out the reforms. As a sole administrator, that is a political appointment not restricted by age,” he said.

However, Falana does not support this position. “We are no longer under military rule, so the issue of naming Ali as the sole administrator does not arise. This is a political appointment, and that means the retirement age does not apply to him,” he said. Femi Adesina, presidential spokesman, told TheCable that no law has been broken

https://www.thecable.ng/fg-gazette-raises-questions-alis-appointment-customs-comptroller-general

In other words...No law was actually broken.

It is evident that Buhari is ready to clean up the mess he met....by appointing credible people in the highest revenue generating government agencies.

The only people that have problems with this appointments are the wailing wailers. ...they will rather see Buhari fail rather than Nigeria moving forward....forgetting that if Buhari fails, Nigerians like them are the biggest loosers.

PDP's style of opposition: Take credit for the good things in the first 100 days.....pass the Shitty ones to APC as their fault . How best can one be a wailing clown


Lasticlala

ok

Cc: LALA

koboko69:
In other words...No law was actually broken.
It is evident that Buhari is ready to clean up the mess he met....by appointing credible people in the highest revenue generating government agencies.
The only people that have problems with this appointments are the wailing wailers. ...they will rather see want Buhari to fail rarher than Nigeria moving forward....forgetting that if Buhari fails, Nigerians like them are the biggest loosers.
PDP's style of opposition: Take credit for the good things in the first 100 days.....pass the Shitty ones to APC as their fault . How best can one be a wailing clown
Lasticlala

so it's OK to bend and break the law for the purpose of cleaning up the mess he found
Are we sure we wanna go down this path
He is neither an officer of the customs service nor a deputy comptroller, it's as simple as that.

The rot in the NCS is much.

destino24:


so it's OK to bend and break the law for the purpose of cleaning up the mess he found
Are we sure we wanna go down this path
He is neither an officer of the customs service nor a deputy comptroller, it's as simple as that.

Did you read the article or you just feel like wailing? Do u know better that a SAN?

Can you categorically tell me what law was broken?

Is a gazette a law backed by the Nigerian constitution?

So all the DCGC are not worthy to become CGC only dat rt. Col. Is competent to be CGC.
I just hope Buhari will last with this his jungle and outdated style of leadership

I think am beginning to like this one-day at a time president. NCS!!! NO comment.

I think the mop up should be extended to other services trusted with revenue connection on behalf of the govt in such a way that they won't see it coming. I bet all those deputies must have lobbied wella waiting to be named only to have an old soldier as the head.

So only NORTH can produce men of honour and integrity to sanitize the system ba? RIP to Dora, I think her likes are no more in the South.

My opinion though.

koboko69:


Did you read the article or you just feel like wailing? Do u know better that a SAN?

Can you categorically tell me whaf law was broken?

Is a gazette a law backed by the Nigerian constitution?

I just felt like wailing

"It would be recalled that the reformation and modernization programmes of the Nigeria Customs under the recently retired AlhajiAbdullahiDikko received international acclaims and thrust the Nigeria Customs into the consciousness of WCO.

Under the former CGC, the modersationprogramme of the agency was used as a model for other countries in the West and Central Africa sub-region while the training College of the Customs at Gwagwalada, Abuja, was adopted by the WCO as training institutions for all customs officers in the sub-region.

Also, the WCO was so happy with the agency that its influential Secretary –General, Mr Kunio Mikuriya, paid a scheduled visit to Nigeria where he lauded the modernization and reformation programme in the Nigeria Customs. As a result of this international recognition and encomium, the officers of the agency received training from highly impressed Customs administrations from the developed member-countries of WCO, with the support of the global body. https://www.nairaland.com/2568560/wco-may-expel-nigeria-customs

Above is what modern world does which is building strong institutions as Jonathan did using technology not looking for superman or strong individuals as buhari and other archaic folks with analogue brains think...

For how long will Ali be there? Is he a superman? How many points will he cover and control? How long will it take him to understand the job and shortcuts there? What magic wand will he wave to get the system cleaned up...

Buhari with Ali is simply equal to using analogue app to sort out a digital challenge Keep dreaming of having Jack Bauer in buhari and new custom boss Ali

PMB is free to break the law to sanitise immigration & customs as far as I am concerned.

Pray to never have any dealings with either agency, there is not a single honest soul in either outfit..

DSS did a background check on the assistants compt of both outfits, only the immigration boss was manageable & was thereby made acting comptroller, No single person in the customs top hierarchy could be salvaged!!!

PMB keeps ruling constitutionally and noise makers keep wailing.

Its called Change... We are changing everything... We will soon change the constitution too

i am in support of whatever that will make Nigeria great again even if it means kicking some asss, breaking some knee caps and gouging out some eyeballs.

No wahala

Sai Baba

Comment not available at this time...

APC, they should continue, we will be waiting for them come 2019

i swear i no read am finish

destino24:

I just felt like wailing

we need more people like this in Nigeria, see honesty!
backtothetopic!

that Buhari self is hard-headed, he no send anybody.

once a soldier...

Wailers will wail..




And haters will hate.



MadCow.. _{Mad since 1976..}

Ok

government of complaints since may 29th

Even when this is not legally wrong, as the president has and can exercise such powers.

The fragrant disregard to rules of service, procedure and precedent by this Administration is worrisome and calls for serious concern.

As it has already been posited in several fora, this acts of procedural breach do not encourage career growth and brings morale of officers to its lowest ebb.

This Comptroller will always bee seen as an outsider, and as such may be frustrated by conniving officers of the service who will definitely have an Axe to grind

The intention behind this act of Mr president is a topic for another day. For now, I will say this was a wrong move by this administration....lets pray it does not boomerang in cataclysmic proportions. I rest my case......

BUHARI MEANT WELL...I TRUST HIM ANYTIME

That's what happens when one allows 'body language' to work, rather than brain.
I think this APC government wasn't prepared. The appointment of the Custom's boss is a perfect example. He should have been 'sole administrator'. That's what happens when ethnicity supersedes meritocracy and constitution.
Buhari should just humbly resign for Osinbajo to take over. His thinking and reasoning is older than 72. So medieval and out of place.

King in the north

Imagine Buhari, a president king of the north using legal loopholes to
install his kinsmen.

That is to show that he has no regard for Nigerian laws and he
will do everything to subvert our constitution.

Someone that was voted to block loopholes is noe the person
widening it.

destino24:


so it's OK to bend and break the law for the purpose of cleaning up the mess he found
Are we sure we wanna go down this path
He is neither an officer of the customs service nor a deputy comptroller, it's as simple as that.

Did you read where it's said the security report on all DC's was not favourable?

modath:

PMB is free to break the law to sanitise immigration & customs as far as I am concerned.

Pray never to have any dealings with either agency, there is not a single honest soul in either outfit..

DSS did a background check on the assistants compt of both outfits, only the immigration boss was manageable& was thereby made acting comptroller, No single person in the customs top hierarchy could be salvaged!!!