Chidoka writes AGF, accuses FG of violating CBN Act, human rights

Former Minister of Aviation, Osita Chidoka, has written an open letter to the Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, SAN, expressing his concern over the “disturbing and worrying pattern of disregard and violation of the laws of the land” by the current administration.

In his letter, which was published in his Facebook page, Chidoka criticized the arrest, detention, and purported resignation of the Central Bank Governor, Godwin Emefiele, and the EFCC Chairman, Abdulrasheed Bawa, as well as the appointment of new CBN officials without following due process.

He argued that the CBN Act was grossly violated in appointing the new Central Bank Governor and the Deputies, as they were all given a five-year term instead of following the staggered tenure system provided by the law. He also questioned the legality of removing the previous CBN officials without evidence of resignation or due notice.

He said that such actions were “a clear breach of Section 8 (2) of the CBN Act” and “a flagrant disregard for due process and rule of law”.

He said, “First, the CBN Act provides in S. 8 (2) That the Governor and Deputy Governors shall be appointed in the first instance for a term of five years and shall each be eligible for reappointment for another term not exceeding five years.

“It added an important proviso, ‘Provided that, of the first four Deputy Governors to be so appointed, one shall in the first instance be appointed for three years and two shall in the first instance be appointed for four years.’ The CBN Act prioritised experience and the need for continuity. The Senate (if they did) granting all four Deputy Governors a five-year term went beyond their powers. But the more critical issue is why the President appointed four Deputy Governors in one go. Did the previous Deputy Governors resign, too, like the Governor?

“If the four Deputy Governors resigned, and there is no evidence to that effect, did they serve the mandatory three months’ notice? If they did not resign, how were they removed from office? S. 11 (3) provides that ‘The Governor or any Deputy Governor may resign his office by giving at least three months’ notice in writing to the President of his intention to do so, and any Director may similarly resign by giving at least one month’s notice to the President of his intention to do so.’ Honourable Minister, you need to take a second look at this egregious Act of removing from office persons who ought to enjoy independence and require Senate approval before removal from office. It is a bad precedent and an indication of the high level of disregard for rules that are becoming the hallmark of this administration.

“S. 11 (4) further provides that ‘If the Governor, any Deputy Governor or Director of the Bank dies, resigns or otherwise vacates his office  before the expiry of the term for which he has been appointed, there shall be appointed a fit and proper person to take his place on the Board for the unexpired period of the term of appointment in the first instance if the vacancy is that of  (a) The Governor or a Deputy Governor, the appointments gallery be made in the manner prescribed by section 8 (1) and (2) of this Act; and
The nomination by the President and the Senate clearance of the CBN Governor and Deputy Governors for five years’ tenure violates the CBN Act. The new Governor and Deputies can only complete the unexpired terms of their predecessors. This provision must have been made to protect the continuity and experience the Act provided for in S.8 (2). By this single Act of lawlessness or lack of attention to detail, this government has damaged the CBN’s structure, character, and independence.”

He further accused the government of using “Gestapo tactics” to achieve its objectives, citing the cases of Emefiele and Bawa as examples of executive lawlessness and impunity. He said that such actions were reminiscent of the style of the Communist Party and could deepen the damage done to the country by the previous administration.

He said that “the arrest, detention, and purported resignation of the Central Bank Governor, Godwin Emefiele, and the EFCC Chairman, Abdulrasheed Bawa, exhibit all the trappings of the style of the Communist Party” and that “the growing lawlessness and Gestapo tactics the government is deploying to achieve its objectives would deepen the damage the immediate past administration did to the country”.

He urged the Attorney General to use his office as the chief law officer of the federation to curb executive excesses and uphold the rule of law. He also called for a review of the Constitution and an enactment of a law that would codify the role and functions of the Attorney General and clothe him with independence.

He said that “there is a need for the National Assembly to enact a law codifying the role and functions of the Attorney-General and clothing the office with the necessary independence that would statutorily arm the office in the effort to curb executive lawlessness” and that “I urge you to use your office as the chief law officer of the federation to curb executive excesses and uphold the rule of law”.