A THISDAY review of the Act setting up the Federal Competition and Consumer Protection Commission (FCCPC) has shown that President Bola Tinubu may have erred in law in his decision to unilaterally remove the agency’s Executive Vice Chairman, Babatunde Irukera.
On Monday, Tinubu announced what he termed the “immediate dismissal” of the chief executive officer of the federal government agency. He said it was in conformity with plans to restructure and reposition critical agencies of the government towards protecting the rights of Nigerian consumers.
A statement by the presidential spokesperson, Ajuri Ngelale, said Irukera had been directed to hand over to the next most senior officer in the agency, pending the appointment of a new chief executive officer.
But THISDAY has found that the president cannot unilaterally sack the FCCPC head without resorting to the Senate, according to the Federal Protection and Competition Act, 2018, setting up the agency.
According to the section dealing with removal from office in the Act, once a good case is established against any commissioner or the head of the organisation, the exercise of the powers of the president under the relevant section must be subject to the approval of the upper chamber.
It reads, “A commissioner may resign his office by giving three months written notice to the president through the minister. A commissioner may be suspended, or removed from office by the president if he’s: found to have been unqualified for appointment as a commissioner pursuant to provision of this Act or in breach of conditions of his appointment.
“Has demonstrated inability to effectively perform the duties of his office; has been absent from five consecutive meetings of the board without the consent of the chairman, except he shows good reason for such absence, or is guilty of a serious misconduct in relation to his duties as a commissioner, and as defined under public service rules.
“In the case of a person who possessed a professional qualification, he is disqualified or suspended from practising his profession in any part of the world by an order of a competent authority or is in a breach of the conflict of interest rules set out under section 14 of this Act.”
However, the law added, “The exercise of the powers of the president under this section shall be subject to the approval of the Senate.”
There is no evidence that the president requested the Senate’s nod before sacking the erstwhile FCCPC boss.
Emmanuel Addeh in Abuja
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