Tinubu’s Sacking Of FCCPC CEO Irukera Illegal, Says Falana SAN

A review suggests President Bola Tinubu may have erred in unilaterally dismissing the Executive Vice Chairman of the Federal Competition and Consumer Protection Commission (FCCPC), Babatunde Irukera.

According to the Federal Competition and Consumer Protection Act 2018, which establishes the FCCPC, the president cannot fire the agency’s head without Senate approval once a good case has been made. The law requires such an exercise of presidential powers to be subject to senators’ endorsement.

Renowned lawyer Femi Falana noted that instead of being sacked, Mr. Irukera should have received a commendation letter for turning around the FCCPC.

President Tinubu had cited restructuring and repositioning of government agencies as reason for Mr. Irukera’s removal. However, the review shows the president’s unilateral action contravenes the law setting up the FCCPC.

There is no evidence Mr. Tinubu requested or received Senate’s approval before dismissing the agency’s boss – a clear requirement in the FCCPC Act before any termination can be effected.

Falana stated that the use of the word “dismissal” was also libellous. He explained that the president had not told anyone the offence committed by Irukera and argued that the use of “commissioner” in the law also applied to the erstwhile FCCPC boss.

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 yesterday 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 a 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 benefitted the country.

According to him, “And upon it all, you said he has been dismissed. Dismissal? He won $110 million at a time you need foreign exchange very badly and he has similar cases pending. Nobody has run that place like this guy. The guy has reorganised the place.

“This is arguably the most effective regulatory agency in the country and you treat him so shabbily as if he has committed an offence. The president can remove any anybody per se, but to say the person has been dismissed is libellous.”

However, in a brief note last night, the federal government, through an aide to the president, Bayo Onanuga, said Irukera and Alex Okoh of the Bureau of Public Enterprises (BPE) were relieved of their duties, not dismissed.

Onanuga clarified, “The president’s directive did not intend a dismissal. The two men, who have served our country, were relieved of their duties by the president, as he scouts for their successors.

“The connotations implied in using the word dismissal were clearly not intended in the statement issued. President Tinubu thanks the two men for their services and wishes them well in their future endeavours.”