A
replacement of Mrs. Chinelo Anohu-Amazu as the Director General of
National Pension Commission (PENCOM), with an official from the North
West geo-political zone has given rise to a legal suit against President
Buhari.
File photo
The people of the South East geo-political zone have approached a
Federal High Court, in Abuja, to challenge President Muhammadu Buhari
and the Attorney-General of the Federation, for failing to appoint a
member from the zone as a replacement to Mrs. Chinelo Anohu-Amazu as the
Director General of National Pension Commission (PENCOM).
The action of the zone was contained in a suit filed before the
court marked FHC/ABJ/CS/371/17 wherein it was contending that the
replacement of the immediate past Director-General of PENCOM with
another person outside the zone constituted a breach of the Oath of
Office of the President under section 26 (1) of the 7th schedule to the
1999 constitution.
The suit, which was filed by Giles C. Ugwunweze, the South-East
Coalition for Justice and Equity (SECJE) and Legal Defence and
Assistance Project (LEDAP), was seeking an order of court directing the
President (1st Defendant), to appoint a Director-General for the
National Pension Commission from the South-East Geo-political Zone in
accordance with Section 21 (2) of the Pension Reform Act, 2014.
Already, hearing in the suit has been adjourned to October 23,
2017, as the court presided by Justice John Tsoho did not sit, on
Tuesday.
The plaintiffs were represented in court by Stephen Oluebube, F. I.
Nwodo, S.N. Ezeora and Anthony Ojeh who appeared as legal
representatives.
The suit further prayed for an order setting aside the appointment
of Aliyu Abdul Rahman Dikko (the 3rd Defendant) and Aisha Dahir-Umar
(4th defendant) by the President ( 1st Defendant).
Besides, they urged the court to hold that upon the proper
construction and interpretation of Section 21 (2) of the Pension Reform
Act, 2014 the replacement of Mrs. Chinelo Anohu-Amazu from Anambra State
in the South-East Geo-Political Zone of Nigeria with Aliyu Abdurahman
Dikko from the North-West Geo-Political Zone of Nigeria is not illegal,
null and void.
The plaintiffs are further seeking for the determination of the
question of construction of Sections 19(5)(a), 21 (1) (j) and 21 (2) of
the Pension Reform Act, 2014 as amended and Section 171 of the
Constitution of Nigeria, 1999.
Whether in the replacement of the Director-General of the National
Pension Commission (PENCOM), who is of South-East Origin, under Section
21 (2) of the Pension Reform Act, 2014 pursuant to Section 21 (j) and
having regards to the relevant provisions of the Constitution of
Nigeria, 1999 (as amended), the 1st Defendant is restricted to the
Geo-Political Zone of the immediate past Director-General that vacated
office to complete the remaining tenure?
Whether having regard to Section 19 (5)(a) of the Pension Reform
Act, 2014, Dikko Aliyu Abdulrahman, as the Pioneer Managing Director and
Chairman, Board of Directors of Premium Pension Limited, a licensed
Pension Fund Administrator, is not disqualified from holding of office
as the Director General of PENCOM?
Whether having regard to Section 21 (2) of the Pension Reform Act,
2014, the appointment of the 4th Defendant to head the National Pension
Commission in acting capacity is not contrary to the provisions of the
Pension Reform Act and therefore illegal?
If the answers to questions 1, 2, 3, and 4 are in the affirmative,
whether the appointment of Dikko Aliyu Abdulrahman and the appointment
of Aisha Dahir-Umar are according to law and whether they constitute a
breach of the Oath of Office of the 1st Defendant under Section 26 (1)
Seventh Schedule of the 1999 Constitution, which is the oath of office
of the President?
Whether upon a proper construction and interpretation of Section
171 of the 1999 Constitution the President of the Federal Republic of
Nigeria possess the power to remove his appointees made pursuant to an
Act of the National Assembly whose appointment and removal are not at
the pleasure of the President and whose tenure of offices are statutory
and do not cease with expiration of the tenure of office of the
President?
The South- East urged the court for a declaration that the
appointment of the 3rd Defendant by the 1st Defendant or the appointment
of any other person not from the South-East Geopolitical Zone in
substantive or acting capacity as replacement for the immediate past
Director-General of the National Pension Commission (PENCOM) to complete
her remaining tenure is not in compliance with Section 21 (2) of
Pension Reform Act, 2014 and is therefore, illegal, null and void.
A declaration that the 1st defendant is bound by the provisions of
Section 21 (2) of the Pension Reform Act, 2014 and the Constitution of
Nigeria, 1999 (as amended) to appoint a person from the South-East
Geopolitical Zone, as a replacement for the removed Director General of
PENCOM, to complete her remaining tenure.
It further asked the court to declare that the 3rd Defendant was
disqualified from holding the office of the Director-General of the
PENCOM by virtue of the provisions of Sections 19(5) (a) and 21 (2) of
the Pension Reform Act, 2014.
That the appointment of the 3rd Defendant by Buhari constitutes a
breach of the Oath of Office of the 1st Defendant under the Seventh
Schedule of Constitution of the Federal Republic of Nigeria promulgation
Decree No. 24 of 1999.
In the suit supported by a 20 paragraphs affidavit, the plaintiffs strongly argued that
the appointment of a Director of PENCOM from North West
geo-political zone to replace a Director General from the South East
geo-political zone by a method or procedure not provided for under the
Pension Reform Act, 2014, constitutes a breach of oath of office of the
president in section 26 seventh schedule of the 1999 constitution.
That the president did not comply with the mandatory provisions of
law in the appointment of the 3rd defendant going by section 21 (2) of
the Pension Reform Act, 2014 as amended provides that “In the event
of vacancy, the president shall appoint a replacement from the
geo-political zone of the immediate past member that vacated office to
complete the remaining tenure.”
That the president is under obligation to appoint a person from the
South-East Geo-political zone to complete the remaining tenure of Mrs.
Chinelo Anohu-Amazu, the immediate past Director General of PENCOM,
whose tenure of office was abruptly terminated in violation of the
Pension Reform Act, especially section 21 (1) (j) as she was not
notified in writing as required by the said section at the time of
termination of her appointment.
They conceded that although the president has the discretion to
terminate the office of a member of the Commission, he has a mandatory
duty as to appoint a person from the South-East geo-political zone.
Source: The Sun
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