TWO civil society organisations (CSOs), Grassroots Accountability Advocacy Foundation and League for Social Justice, have dragged President Bola Ahmed Tinubu and five others to Court over the re-appointment of Dr Vincent Isegbe, the current Comptroller General and Chief Executive Officer of the Nigeria Agricultural Quarantine Services (NAQS).
The plaintiffs, registered under the Companies and Allied Matters Act (CAMA) 2020, to champion and engender transparency in government and uphold the tenets of rule of law and good governance in Nigeria.
The originating summons was filed at the Federal High Court in the Abuja Judicial Division with suit no. FHC/ABJ/CS/893/2024 dated July 02, 2024 and filed by Maduabuchi O. Idam Esq on behalf of the plaintiffs.
Joined as co-defendants in the suit are the Attorney General of the Federation and Minister of Justice, Minister of Agriculture and Food Security, the Nigeria Agricultural Quarantine Service (NAQS), Dr Vincent Isegbe and the National Assembly.
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The plaintiffs, in a written address in support of the originating summons, posed seven questions before the Federal High Court for determination while seeking the reliefs listed on the face of the originating summons.
They are seeking for:
“1. A Declaration that by the combined effect of Sections 10(2) and (5) of the Agricultural Quarantine Service Establishment Act 2018, Section 9 Regulation O20908 (i) and (ii) and Regulation 020909 of the Public Service Rules, 2021 the 5th Defendant is not qualified to be re-appointed as the Director General/Comptroller General of the 4th Defendant having retired from service on the 26th day of March 2021 and also exited from the Office of the Director General/Comptroller General of the 4th Defendant on the 13th day of December 2023 following the expiration of his total nine (9) years’ tenure as the Director General/Comptroller General of the 4th Defendant.
“2. A Declaration that the 1st Defendant lacks the power to appoint an individual such as the 5th Defendant who is not in service, within the contemplation of the provisions of Sections 10(2) and (5) of the Nigeria Agricultural Quarantine Service Establishment Act, 2018 to head the 4th Defendant as Director General/Comptroller General.
“3. A Declaration that by the provision of Section 10 (4) of the Nigeria Agricultural Quarantine Service Establishment Act, 2018 which provides that the tenure of the Director/Comptroller General of the Nigeria Agricultural Quarantine Service shall be five (5)years and renewable for another period of Five (5) years is in clear violation and contrary to Section 9, Regulation 020909 of the Public Service Rules 2021 which stipulates that the total tenure of a Director General/Comptroller General or its equivalent by whatever nomenclature it is called, of an MDA of Federal Public Service shall not exceed the total period of eight (8) years.
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“4. A Declaration that Section 10 (2) and (5) of the Nigeria Agricultural Quarantine Service Establishment Act, 2018 and Section 9 of Regulations 020908 and 020909 are to be considered conjunctively in considering the qualification of the 5th Defendant for appointment or reappointment as Director General/Comptroller General of the 4th Defendant.
“5. A Declaration that the Re- Appointment of the 5th Defendant as the Director General of the 4th Defendant is ultra-vires, null and void ab initio and of no legal effect having been in clear contravention of the provisions of Section 9 Regulations 020908 (i) and (ii) and 020909 of the Public Service Rules, 2021 and Section 10 (2) and (5) of the Nigeria Agricultural Service Establishment Act, 2021.
“6. A Declaration that the additional Five (5) years tenure which the 1st Defendant appointed the 5th Defendant to spend as the Director General/Comptroller General of the 4th Respondent will amount to a gross violation of Section 9, Regulations 020908 (i) and (ii) and 020909 of the Public Service Rules 2021.
“7. AN ORDER setting aside and nullifying the re-appointment of the 5th Defendant as the Director General/Comptroller General of the 4th Defendant.
“8. AN ORDER directing the 5th Defendant to forthwith vacate the office of the 4th Defendant having retired as a public Servant since 2021 and also exhausted the total of nine (9) years’ tenure in office as Director General/Comptroller General of the 4th Defendant.
“9. AN ORDER directing the 1st Defendant to appoint the most senior ranking officer in service of the 4th Defendant as Director General of the 4th Defendant as provided by Section 10(2) and (5) of the Nigeria Agricultural Quarantine Service Establishment Act, 2018.
“10. AN ORDER awarding the sum of N10,000,000 (Ten Million Naira) only against the Defendants as cost of litigation.
“11. And for such further order or orders as the Honourable Court may deem fit to make in the circumstances of this case.”
No date has yet been fixed for the hearing on the substantive suit.
