You lack the power to extend tenure of immigration CG, lawyer writes Aregbesola

D.D Makolo, a human rights lawyer, says Rauf Aregbesola, minister of interior, lacks the power to extend the tenure of Mohammed Babandede, comptroller-general of the Nigeria Immigration Service (NIS).

NIS is under the supervision of interior ministry.

In a letter addressed to the minister, Makolo said Babandede has spent a little over 35 years in service, and should have retired by now.

He said the Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB) chaired by Aregbesola has no legal pow­er “to recommend or extend the statutory tenure of any public servant in the same capacity, no matter and however indus­trious such officer may be”.

Makolo said the practice of extending the tenure of any public officer is “counter productive, demoralising and detrimental to the career progression of officers in public service” and sets a bad precedent.

The former immigration officer reminded the minister that he has a duty to uphold the constitution “as the continuous stay of Babandede in office is an infraction of the country’s laws”.

“The Public Service of Nigeria is statutorily designed with specific provisions for entry and exit lawfully,” the lawyer wrote.

“Honourable Minister sir, Mr. Muhammad Babandede’s tenure as a public servant, employed by the Federal Government of Nigeria in 1985 to work as an Immigration Officer, has come to an end and his further stay in that office is arbitrary, immoral, wrongful and unlawful.

“The practice of extending the statutory tenure of office of any public officer is counter productive, demoralizing and detrimental to the career progression of officers in public service, with dangerous consequences, the overall price, our fragile nation can’t afford to pay at the end of the day. Please ‘Let us use our tongue to count our teeth’.

“The practice of arbitrary, illegal elongation of statutory tenure of public office occupants sets dangerous precedent for bureaucracy and national security.

“Honourable Minister, Sir, order Mr. Muhammed Babandede, a public servant under your ministry’s supervision, to proceed on his pre-retirement leave forthwith and nullify any action taken by him after the 13th day of June 2020.”

Makolo reminded the minister that the constitution is the supreme law of the land.

“[It will] guide you for the purposes of promoting the good government and welfare of all persons in our country without discrimination on the principles of Freedom, Equality and Justice and for the purpose of consolidating the unity of all authorities and persons throughout the Federal Republic of Nigeria,” he wrote.