TWO Senior Advocates of Nigeria, Femi Falana and Mike Ozekhome, on Wednesday, disagreed with each other on the Senate’s call on the Comptroller General of Customs, Col. Hameed Ali, to resign for failing to appear before the lawmakers in uniform.
The Senate had, on Wednesday, criticised the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), for writing the lawmakers to suspend action on the policy of the Nigeria Customs Service on the payment of duties on old vehicles.
The lawmakers described the action as “an insult” to the Senate and interference by the Executive in the activities of the Legislature. The upper chamber of the National Assembly stated that it was wrong for an arm of government to determine for another arm how it played its constitutional role.
While agreeing that a letter be written to President Muhammadu Buhari to report his appointees, the lawmakers described Malami and Ali, as unfit for their positions. The Senate, specifically, called for Ali’s resignation.
Deputy President of the Senate, Senator Ike Ekweremadu, who presided over the plenary, had announced that there was a communication from the AGF on a legal action on the matter.
He said, “Yesterday, we got a letter written to the Clerk of the Senate from the Attorney General of the Federation, stating that a case has been filed in court and that the matter is sub judice. So, he advised that every action should stop, including the attendance of the Comptroller General of Customs to this hallowed chamber.”
Ekweremadu directed the Clerk of the Senate, Mr. Nelson Ayewoh, to read the letter to the lawmakers.
The letter read, “The originating summons is seeking, among other declarations, whether the oversight functions of the National Assembly extends to compelling and or giving directive to the first defendant to wear uniform. In line with the principles of rule of law, court decisions or, most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub judice.
“In view of three above, it is the interest of justice and rule of law to stay all actions in this case until the constitutional issues raised in the matters are resolved by the law courts. ‘‘I wish to further intimate you that as a defendant in the said suit, I intend to file processes and pursue it to a logical conclusion.”
But civil rights groups, Falana, Ozekohome and a member of the Northern Elders Forum, Prof. Ango Abdullahi, flayed the Senate for demanding the resignation of Ali. Falana, in an interview with The PUNCH, on Wednesday, said the Senate was embarrassing itself by demanding the resignation of Ali.
The Senior advocate stated that the Senate lacked both the legal and moral authorities to ask the Customs boss to resign. He said the statement by the Senate President, Bukola Saraki, regarding the importation of a N298m armoured Range Rover had confirmed suspicion that the Senate was harassing Ali because he had the audacity to seize the luxury vehicle.
Falana added, “I think they (senators) are just embarrassing themselves. Even if we accept the explanation, it means that the Senate leadership bought a vehicle that was imported to the country with forged documents. That has confirmed that the planned humiliation of the Customs boss was borne out of vengeance. So it is no longer a case of individual liability but that of institutional, criminal negligence.’’
While describing the Senate’s action as sub judice, Falana said he would not be surprised if the Senate’s proceedings were considered null and void by the courts. He further rubbished claims by Senator Dino Melaye that the Senate had the right to debate on the matter based on the principle of separation of powers.
Another SAN, Chief Mike Ozekhome, however, disagreed with Falana, saying the call by the Senate on Ali to resign was both legally and morally justified. Ozekhome added, “I agree totally with the Senate. The Senate was right in calling on the CCG to humbly resign if he cannot adorn the epaulet and the uniform of the Nigeria Customs Service, which he heads.
“For the avoidance of doubt, Hameed Ali is not a sole administrator like Gen. Ango between 1994 and 1999. He was appointed to the Customs as a full Comptroller General and he is subject to laws, rules and regulations of sections 4, 5 and 8 of the Customs and Excise Management Act and Regulation 31 made pursuant to the Act.”
Ozekhome added that Ali could not be allowed to behave as the Chichidodo bird which hates feaces but enjoyed feasting on maggots that wriggle out of decaying feaces.
The Punch
