Roli Bode-George's Appointment Is Unconstitutional - ACN

Roli Bode-George
The Action Congress of Nigeria (ACN), on Monday, asked President Goodluck Jonathan not to swear in Mrs Roli George as the Lagos State representative in the National Population Commission (NPC), since her nomination and confirmation violate the relevant provisions of the constitution, the Federal Character Act and the NPC Act.

In a statement issued in Lagos on Monday by its National Publicity Secretary, Alhaji Lai Mohammed, the party said if the president truly believed in the rule of law as he had professed, he would not act contrary to the constitution and the relevant laws.

It said, however, that if the president brushed aside the party’s observations and acted contrary to the laws of the land, he could be assured of a robust legal challenge to his actions, in the true tradition of the ACN.

“The guiding principles and formulae for the distribution of all cadres of posts in all federal bodies is to be found in the Federal Character Act 1997, Laws of the Federation Volume 6 at 7.12. The relevant provisions of the Act state as follows: Each state of the federation and the Federal Capital Territory shall be equitably represented in all National Institutions and Public Enterprises and Organisations; and the best and most competent persons shall be recruited from each state of the Federation or the Federal Capital Territory.”

“The Act further provides under its Definition section as follows: An indigene of a state means a person who is an indigene of one of the local governments in the state, provided that no person shall lay claim to more than one state or to a state and the Federal Capital Territory.

“On  the position of a married woman, it states that a married woman shall continue to lay claim to her state of origin for the purpose of the Federal Character at the national level,” the party said.

‘’Section 5 of the Act on Public Political Offices at National Level says that as far as practicable, the appointment to the various categories of political offices shall be done on the basis of equitable representation of the states of the federation and the Federal Capital Territory or zones as appropriate using the relevant formula.The political offices concerned include: (a) Ministers of cabinet rank, (b) Ministers of State, (c) Special Advisers to the President, (d) Non-career heads of Nigerian Diplomatic Missions and (e) Chairmen and members of Statutory Federal Agencies.

‘’It is clear, therefore, that ACN’s opposition to the nomination of Mrs Roli George is grounded in clear and unambiguous provisions of the Constitution and the relevant laws, rather than on sentiment, ethnic bias or partisan politics. It is also clear that Lagos State is yet to have any representation in the NPC, going by the Constitution and the relevant Laws. The President should therefore move quickly to rectify this,’’ ACN said.

The party said it was particularly shocked that the Senate President presided over the confirmation of Mrs. George, in spite of these egregious violation of the country’s laws, as it (the party) has taken the pains to point out.

‘’One is at a loss as to whether the Senate President was aware of these clear provisions of the Constitution, the Federal Character Act and the National Population Act when he brushed aside the protestations of Senators Oluremi Tinubu and Gbenga Ashafa on the matter.

‘’Obviously, most of the commentators who were quick to deride ACN’s opposition to Mrs Roli Geoge’s nomination anchored their criticisms on a solid foundation of ignorance of the relevant provisions of the Constitution and the relevant enabling Laws, which make it illegal and unconstitutional for the spouse of any politician, if the woman is not of the same state of origin as the husband, to represent her husband’s state in a statutory federal agency such as the NPC,’’ it said.

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