You Lack The Power To Extend Tenure Of Immigration CG, Lawyer Writes Aregbesola

A lawyer, Daniel Makolo, has asked the Minister of Interior and Chairman, Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB), Og­beni Rauf Aregbesola, not to compromise his office by ex­tending the tenure of office of the Comptroller General of Immigration Service (CGIS), Muhammed Babandede, whose statutory tenure came to an end recently.

Makolo, in a 17-paragrap­gh letter dated June 25, 2020, said the CDFIPB has no legal pow­ers under the laws of Nigeria to recommend or extend the statutory tenure of any public servant in the same capacity, no matter and however indus­trious such officer may be.

According to the lawyer, “Babandede’s tenure as a public servant, employed by the Federal Government of Nigeria in 1985 to work as an Immigration Officer, has come to an end and his further stay in that office is arbitrary, im­moral, wrongful and unlaw­ful.”

He noted that the practice of extending the statutory tenure of office of any public officer is counter-productive, demoralizing and detrimen­tal to the career progression of officers in public service, with dangerous consequences.

“Mr. Muhammed Baband­ede should and must proceed on his pre-retirement leave immediately like all other Ni­gerian civil servants employed at the same time, by the same organization, under the same condition of service like him as public servants in 1985.

“Whatever action taken in office after the 13th day of June 2020 by Mr. Muhammed Babandede is null and void; not even the deployment of his driver or any of his per­sonal staff. Any like action is arbitrary, illegal, null and void in the eyes of our laws in Nigeria today,” Makolo argued.

He prayed the Minister to order Babandede to proceed on his pre-retirement leave forthwith and nullify any ac­tion taken by him after June 13, 2020.

“Honourable Minister Sir, your failure to abide by the constitutional provisions and the Public Service Rules of the Federal Republic of Ni­geria as amended, regarding the continuous stay in office, especially of Mr. Muhammed Babandede, CGIS, will com­pel us to seek a legal interpre­tation of this illegality with­out further recourse to you.

“Honourable Minister Sir, your past antecedent speaks volumes about you. Herein, remember that, you are ap­pointed as a Minister of the Federation of Nigeria with the responsibility to admin­ister the business of the gov­ernment of the Federation in the Ministry of Interior assigned to you by the dem­ocratically elected President of the Federation of Nigeria.

“Also remember that, you were given the supreme and binding law; the constitution, to guide you for the purpos­es of promoting the good government and welfare of all persons in our country without discrimination on the principles of Freedom, Equality and Justice and for the purpose of consolidating the unity of all authorities and persons throughout the Federal Republic of Nigeria,” the lawyer wrote.

Copies of the letter were also sent to the Director/ Secretary, Federal Ministry of Interior; Comptroller Gen­eral of Nigeria Immigration Service; Head of Service of the Federation; Chairman, Federal Civil Service Com­mission; Mr. Mohammed Babandede and the National Security Adviser to President Muhammadu Buhari.

Sunday Independent had reported two weeks ago that palpable tension had gripped the ranks and file of the Ni­gerian Immigration Service (NIS) who are waiting to see President Buhari’s final deci­sion on Babandede.

Immigration sources said although the CGIS had reached the mandatory re­tirement age and number of years in service, he is yet to proceed on the compulsory terminal leave which ought to begin on June 15, 2020.

They alleged that there were some surreptitious moves by senior figures in the Ministry of Interior and Presidency to have his ten­ure extended by another two years.

Babandede who is the 16th indigenous CGIS was appointed by President Bu­hari on May 15, 2016.

Babandede, 57, is due for retirement on September 15, 2020 having spent 35 years in service in line with the public service regulation.

The rules state that com­pulsory retirement age for all grades in the civil service shall be 60 years or 35 years of pensionable service, whichever is earlier.

“No officer in the civil service shall be allowed to remain in the office after at­taining the retirement age of 60 years or 35 years of pen­sionable service whichever is earlier,” the civil service rule states.

The expiration of his ten­ure is said to be generating tension and suspicion among the ranks and file of the Ser­vice most of who want the president to replace him.

Top Immigration officers who spoke with Sunday In­dependent but didn’t want to be mentioned, raised fears that President Buhari, might extend the tenure of Baband­ede because of the enormous pressure mounted on him.

Immigration sources feared that the president might retain him just like he did with the Chief of Defence Staff (CDS), General Gabriel Olonisakin; Chief of Army Staff (COAS), Lt. Gen. Tukur Buratai; Chief of Naval Staff (CNS), Vice Admiral Ibok- Ette Ibas and the Chief of Air Staff (CAS), Air Marshall Sadiq Abubakar.

However, feelers from the NIS headquarters indicate that the reappointment of Babandede might spell doom for the service and would not go down well with some members of the Service.

Five Assistant Comp­troller Generals of the NIS (ACGI) are jostling to take over the mantle of leadership at the Sauka, Airport Road, Abuja headquarters.

The most senior officers are Isa Jere (ACG), Wuraola Caroline Adepoju (ACG), IAM Haliru (ACG), Yarima Aminu Bako (ACG) and Mu­hammad Aminu Muham­mad (ACG).

M. L .Hayatuddeen, an Assistant Comptroller of Im­migration (Pension), had on February 20, 2019, forward­ed the list of 635 NIS officers and men due for retirement between January and Decem­ber, 2020.

The list was sent to all staff, Deputy Comptroller Generals (DCGs), Assis­tant Comptroller General (ACGs) Service Headquar­ters, Assistant Comptroller General/Zonal Co-ordina­tors, Commandant Train­ing Institution, Comptroller State Command, Command Comptrollers and Principal Staff Officer.

Babandede who is number on the list has September 15, 2020 as his date of retirement.

Another Immigration source argued that “by gov­ernment appointment, his tenure ended on May 15, 2020. By date of first appoint­ment or employment date, he should have commenced his terminal leave on June 14, 2020 (today), having been em­ployed on September 15, 1985.”

The aggrieved officer que­ried “has the Public Service Rule (PRS) been amended for duration of appointments, retirement dates based on length of service or age (whichever comes first? By ap­pointment, Babandede’s ten­ure as the CGIS ended on May 15, 2020. By retirement, he is supposed to have proceeded on his terminal leave and bid the public service goodbye on June 14, 2020, three months to the date of his employment on September 15, 1985. By now, he should have vacated office while the most senior officer next to him take over upon official pronouncement from government of a substantive CGIS.”

Meanwhile, an unper­turbed Babandede is still carrying on as if nothing is at stake. Electronic jingles campaigning for his continu­ity are renting the air in the headquarters of the NIS.

He has refused to respond to media enquiries on his sta­tus and tenure of office.