Chidoka said he believes that Fagbemi as a senior legal practitioner would “not lend your imprimatur to this creeping lawlessness.”
By Jeffrey Agbo
Former minister of aviation, Odita Chidoka, has written an open letter to the Minister of Justice and Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), bringing his attention to what he described as lawlessness in the Tinubu administration.
His letter dated October 16, 2023, was titled “Disturbing Signals of Descent into Lawlessness”.
Mr Chidoka said he was constrained to write Fagbemi an open letter because he does have direct contact with him and the issues he would be raising were of “significant public interest”.
Chidoka, a former Corps Marshal of the Federal Road Safety Corps, began by stating the provision of the constitution on the office of the AGF, stressing the need for the AGF’s independence.
Then he said, “Honourable Minister, I do not know if the President routinely seeks your opinion in exercising his powers as the country’s chief executive. 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. 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.
“Today’s crux of my letter is the gross violation of the CBN Act in appointing the new Central Bank Governor and the Deputies. 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?
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“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.
“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.”
Chidoka said he believes that Fagbemi as a senior legal practitioner would “not lend your imprimatur to this creeping lawlessness.”
“My suggestions: You can seek out the past Deputy Governors and get them to resign quietly before they seek to enforce their rights. Also, ask the Senate to amend their clearance to reflect the provisions of S. 11 (4) so that the new CBN management would conclude the tenure of their predecessors. That way, the government would also comply with the need for the Deputy Governors to exit the bank in a staggered manner to maintain continuity and experience,” he added.