Maina is currently a suspect in an alleged N2 billion scam and his recall to office is being seen by many as a stain on the Buhari's administration and the president's integrity.
In this opinion, Nigerian lawyer, Jiti Ogunye, explains why the dismissal of Maina by President Buhari might not be legal after all.
While we commend President Muhammadu Buhari for dousing the anger in the land which emanated from the surreptitious and scandalous recall, absorption and promotion of Abdulrasheed Maina as a director in the ministry of interior, we are compelled to ask the critical question whether the president can lawfully direct the dismissal or termination of the employment of a civil servant in the public service of the federation, without following the due process of law.
The facts that we know are that both the office of the head of service and Dambazzau's ministry of the interior have publicly issued statements that Maina was recalled and posted to the ministry of interior. So, we must assume that while Nigerians were totally unaware, Maina was brought back into this country and reintegrated in the public service of the federation. Thus, Maina, before the president's directive "was in the civil service of the federation"
Under the law ( Public Service Rules and Section 11 (1)(b)of the Interpretation Act, Cap I 23, Vol.8, LFN, 2004,), it is the Federal Civil Service Commission or the permanent secretary or heads of extra ministerial department as the case may be ( to whom disciplinary powers are delegated) that have the statutory power to mete disciplinary actions, including dismissal (or sack) to civil servants. In particular, Rule 04102 of the Public Service Rules provides that "the power to dismiss and to exercise disciplinary control over officers in the Federal Civil Service Commission is vested in the FCSC. This power may be delegated to any member of the commission or any officer in the Federal Civil Service "
Legally, therefore, the president lacks the power to sack or direct the sack of Maina.
But the president has the power to sack his AGF , the minister of the interior and any political appointee including his Chief of Staff who are reported to have masterminded and orchestrated the Maina fiasco. So, the president has left those he could sack and has gone for the head of the one he could not lawfully sack.
It appears to be forlon hope that the president will move soon against the members of his kitchen cabinet who are hatching one plot of dent for him after another.
But I can hear people shout for joy. "Thank goodness that the President has acted; what is rule of law and due process anyway? What was necessary was for Maina, the weapon of integrity destruction ( WID) to be defused".
As we say, borrowing from the Nigerian parlance, "end of story". Nigeria is an interesting country. Very interesting.
The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of Onlinenigeria.com.
Your own opinion articles are welcome at email@example.com— drop an email telling us what you want to write about and why. More details in Onlinenigeria.com’s step-by-step guide for guest contributors.
We’re ready to trade your news for our money: submit news and photo reports from your area using our Citizen Journalism App.
Contact us if you have any feedback, suggestions, complaints or compliments. We are also available on Facebook and Twitter. Subscribe to Onlinenigeria.com Opinion page!
Latest Nigeria News
- SP shoots dead ex-finance minister’s daughter; family suspects something else
- “N230m bursary to 5,393 Ondo students—dividend of democracy”
- PRAYER FOR TODAY
- Police Saved Man's Life After Heath Challenge While Driving
- Woman Gives Birth While In A Coma, Wakes Up 23 Days After To See Baby In Her Arms (Photos)
- INEC Chairman Gives Update On APC Position In Zamfara
- So Boko Haram Finally Killed This Beautiful Lady?
- Fayose: I’m Storming EFCC Today With My Bedclothes, Bible...
- Man Kidnaps His Cheating Girlfriend’s Mother
- Dancing Senator Adeleke Dragged To Court By FG
- Dino Melaye Cries Out: My Life Is Under Threat
- APC Aspirants: Many Unpopular Candidates Will Affect Buhari
- Newlywed Killed 5 Days After Wedding While On Honeymoon With Wife (Photo)
- Buhari Is A Misfit, He Has To Leave In 2019 – Tambuwal
- Story Of Woman Who Suffered 35 Miscarriages In 7 Years
- Atiku Meets Jonathan To Strategize For 2019 Election (Photos)
- Married Woman Bites Off Landlord's Lips (Photo)
- “Fayose to be detained indefinitely”
- Ekiti State ready to hijack Gold Cup Tourney from Benue State
- Akinwunmi encourage Super Eagles in Tunisia
- Makoko: Coalition of Civil Society Organizations task Ambode on police invasion, issues 21 days ultimatum
- NCC to sanction illegal auto tracking solutions providers
- Your candidacy not a meal ticket, Obasa counsels colleagues
- Shittu battles NYSC as Buhari waits for minister’s resignation
- Customs generates over N1b in 2 months
- Exam malpractice: Diarrhea prevents Adeleke from showing up in court; judge orders IGP to ensure arraignment
- IG of Police opposes demotion of officers by PSC Chairman
- 2019: Tinubu battles Amosun to regain South West leadership
- Pretty Lady Grabs Her Man Who Tries To Run In Pre-Wedding Photoshoot
- NERC to put limits on estimated billings
- Buhari explains why he bans 50 high-profile Nigerians
- You’re too arrogant, First Lady tells President
- Kalu speaks on his goal for Super Eagles
- Ocean Boys crown Champions Bayelsa Football League
- Leaked Bribe Videos: Impeachment Looms As Kano Assembly Begins Probe Of Governor
- IGP Orders Arrest Of Policemen Over Murder Of Abuja Lady
- Kukah: How I Convinced Obasanjo To End Feud With Atiku
- Shittu Drags APC To Court For Disqualifying Him Over NYSC
- Minister allays fear over Nigeria’s rising debt portfolio
- Travel ban, not political weapon against opposition- Presidency