The senate has resolved to investigate the reported assumption of office by Anthony Ojukwu, executive secretary of the National Human Rights Commission (NHRC).
In December 2017, President Muhammadu Buhari appointed Ojukwu to head the commission.
But the senate is yet to confirm him, alongside other presidential nominees.
A nominee yet to be confirmed by the senate cannot resume office except in acting capacity.
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Raising a point of order during plenary, Dino Melaye, senator representing Kogi west, alleged that Ojukwu had started work “since last two weeks”.
He said the nominee assumed office on the orders of Abubakar Malami, attorney-general of the federation (AGF) and minister of justice.
Describing the development as an “affront” on the powers of the senate, he called on the lawmakers to stop “this anomaly”,
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He said: “Nigeria is not a Banana Republic. If the AGF who is supposed to be the custodian of our laws, will fragrantly ask an individual nominated by the president but has not been confirmed by the senate to go and resume and the person has started working, then we have no regard for the rule of law.
“My intention is to bring this outrageous abuse of office by the AGF to the notice of the Nigerian senate. It’s becoming one too many.
“This approach to office can no longer be entertained by the Nigerian senate. We must enforce that anybody who is not confirmed and find himself assuming before confirmation will be a recipe; he will be a reason the senate will not confirm such person if eventually we start confirmation.”
Responding, Bukola Saraki, senate president, said the senate had deliberated on a similar issued and “we were very clear that once you have not been confirmed, you cannot go ahead and assume”.
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He asked the chairman of the senate committee on judiciary to look into the allegation.
“But it is a sign of warning to all appointees that they must follow the laws and they must play accordingly because at the end of the day, issues like this will definitely be looked into during the time of confirmation,” he said.
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