AFRICA

FCCPC Act Shows Tinubu May Have Breached Law In Removal Of Irukera

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

Follow us on:

AriseNews

Recent Posts

Spain Announces €10.6 Billion Relief Package For Flood Victims

Spain has allocated €10.6 billion in aid, including cash handouts and loans, to support victims…

35 mins ago

114 #EndBadGovernance Protesters Released, Received At Abujas State House

All 114 detained #EndBadGovernance protesters were released by court order and have been received at…

48 mins ago

Novak Djokovic Withdraws From ATP Finals Due To ‘Ongoing Injury’

Novak Djokovic has withdrawn from ATP Finals due to an “ongoing injury,” shifting his focus…

1 hour ago

Zimbabwe Bans Police Officers From Using Phones On Duty

Zimbabwe has banned police officers from using mobile phones on duty, in a bid to…

1 hour ago

Victor Okhai: Trump’s Presidency Could Be a Game-Changer, Cause Nigeria To Look Inward And Break Free From Foreign Aid Dependency

Victor Okhai has argued that Trump’s presidency could encourage Nigeria to reduce foreign aid reliance…

2 hours ago

Equatorial Guinea Suspends Officials Involved In Sexual Misconduct In Government Offices

Equatorial Guinea's VP has announced the suspension of officials involved in sexual misconduct within government…

2 hours ago