New Telegraph

Mass purge in NASS: Omolori faults retirement of 150 top bureaucrats

•Says, no legal basis for action

 

The outgoing Clerk of the National Assembly, Mr Sani Omolori has faulted the National Assembly Service Commission (NASSCOM) over its decision to compulsorily retire him and 149 others top bureaucrats in the National Assembly.

 

The power tussle, which rocked the National Assembly for some weeks, reached its climax on Friday when the NASSCOM sent Omolori packing and appointed Mr Ojo Amos Olatunde as Acting Clerk of the National Assembly.

 

 

The Commission also appointed Bala Yabani Mohammed as Acting Deputy Clerk of the National Assembly; Dauda Ibrahim El-ladan , Clerk of the Senate while Patrick Giwa remains the Clerk of the House of Representatives until his retirement which will be due in November 2020.

 

Also appointed is Yusuf Asir Danbatta who is to serve as the Acting Secretary to the National Assembly Service Commission.

 

Executive Chairman, National Assembly Service Commission, Engr Ahmed Amshi, who announced the new appointments after an emergency meeting, said they were to take immediate effect.

 

But in what appears like a last ditch effort to save his job, Omolori has argued that there was no legal basis for the recent mass retirements as the National Assembly Service Commission Act 2014 upon which the Commission based its action does not exist in law and all actions built on it were therefore null and void.

 

In a letter dated July 15, 2020 and addressed to the President of the Senate, Sen Ahmad Lawan and Speaker, House of Representatives, Hon Femi Gbajabiamila, the embattled top bureaucrat and lawyer alleged that there was a very serious anomaly with regards to the National Assembly Service Commission Act 2014 as duly passed by the National Assembly and as assented to by the President of the Federal Republic of Nigeria. The seven-page letter, which was sighted by Sunday Telegraph, was also copied to the Deputy Senate President, Sen. Ovie Omo- Agege and Deputy Speaker, House of Representatives, Hon.Idris Wase as well as the 14 principal officers in both chambers of the National Assembly. The letter stated that the on-going controversy as to who is responsible for the final approval of the conditions of Service for the Assembly, arose because of the anomaly identified in the law.

 

Omolori, who chronicled the various processes leading to the repealing of the National Assembly Service Commission Act, Cap N7, Laws of the Federation of Nigeria and re-enactment of the National Assembly Service Administrative Structure Bill, claimed that the bill signed into an Act by the President omitted a certain Section 19(2) of what was passed by the National Assembly.

 

The letter reads in part: “Your Excellencies, it is obvious from the above sequence that the Act represents any other thing but the wishes of the parliament.

 

For a Bill to become an Act as a binding law, it must go through the legislative process and duly passed by the parliament.

 

Thereafter, the President assents to it. The unique but compulsory requirement is that the chain must not be broken to the extent that the President is to sign the bill as passed by the parliament. No omission and no addition except for a veto which will call for further legislative action.

 

“In the circumstance of this Act and with the obvious omission, I advocate that we do the needful

 

. Indeed, we should be mindful of this omission and in the least, give expression to the wishes of the parliament.

 

“As it stands therefore, the authenticity and legality of the National Assembly Service Commission Act 2014 standing as part of our existing laws is untenable to the extent that it is different from what the parliament passed by any reason whatsoever, it must be expunged from our statute books.

 

“I need say with emphasis that the Votes and Proceedings of the Parliament is the sole authority of any law – it is the only document that states the parliamentary resolutions and anything contrary to it (either by omission or commission) cannot pass as a resolution of the parliament.

 

I submit therefore that the National Assembly Service Commission Act 2014 is not an existing law.

 

“The clear indication, Your Excellencies, is that anything done or purported to have been done under that Act is null and void. It therefore means that the purported repeal of the National Assembly Service Act, Cap N7, Laws of the Federation of Nigeria 2014, as contained in Section 1(1) of the National Assembly Service Commission 2014, is of no effect as we have to fall back on the National Assembly Service Act, Cap N7, Laws of the Federation of Nigeria. I intend to take necessary steps to ensure that this illegal Act  is consigned appropriately.”

 

It would be recalled that when the notice of retirement was made public by the Commission last Thursday, Omolori had rejected the directive and mobilised his colleagues who were deemed due to exit the system to reject the move. Consequently, the National Assembly Service Commission issued him with a query for challenging its decision.

 

The query with Reference No: NASC/CHO/1/2 dated July 16th 2020 and signed by the NASC Executive Chairman, Engr Ahmed Kadi Amshi, read thus: “The attention of the National Assembly Service Commission was drawn to a press release titled: ‘Retirement age for Staff of the National Assembly is 40 years of service or 64 years of age whichever comes first’ dated July 15th 2020 and signed by M.A Sani-Omolori, Clerk to the National Assembly.

 

“As you are very much aware, the Clerk to the National Assembly is an employee of the National Assembly Service Commission, video Section 6 (1)b of the National Assembly Act, 2014 (as amended).

 

“The Clerk to the National Assembly has no authority whatsoever to dictate anything to the Commission. “Your press release is considered by the Commission as gross insubordination to a constituted authority. “You are, by this letter requested to explain to the Commission within twentyfour (24) hours as to why disciplinary action will not be taken against you as per provision of Section 6(2)b of the National Assembly Service Act, 2014 (as amended) for this gross insubordination.”

 

In response to the query dated July 16, 2020, Omolori explained that the counter press release he issued was not intended to dictate to or undermine the commission, but to clarify the issues at stake in order to ensure peace and tranquillity within the National Assembly.

 

“As the Clerk to the National Assembly, it is my responsibility to ensure staff matters are clearly disseminated at all times and to see to the efficient functioning of the legislative bureaucracy.

 

“It is also important to state that I was compelled to issue that statement via a press release as the circular from your office was brought to our attention via a press release,” Omolori wrote .

 

 

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