By Tony Obiechina, Abuja
An Abuja based legal Practitioner, Barrister Maduabuchi .O. Idam, Esq., has issued a 30 days’ pre-action notice to President Bola Tinubu asking him to “reverse the illegal, unlawful and unconstitutional re-appointment of Dr. Vincent Isegbe as Director-General of Nigeria Agricultural Quarantine Service.”
The 20th March 2024 notice addressed to the President of the Federal Republic of Nigeria, Aso Rock, Villa, FCT, Abuja was equally copied to —The Secretary to the Government of the Federation (SGF), Attorney General of the Federation & Minister of Justice (AGF), Minister of Agriculture and Food Security and the Nigeria Agricultural Quarantine Service (NAQS).
The legal luminary in letter to Mr President registered his disenchantment against the Dr. Vincent Isegbe’s controversial re-appointment as the Director General (DG) of the Nigeria Agricultural Quarantine Service ( NAQS), to serve for a fresh term of five years in the NAQS after exiting the office following the expiration of his tenure as DG.
He noted that the law being unambiguous under the Public Service Rules, a public servant has either thirty-five (35) years to spend in service or he retires upon attainment of sixty (60) years of age, whichever comes first.
He observed that in satisfaction of the Rules, Dr. Vincent Isegbe, who was born on 26th March 1961 (according to information on the public space), retired on the 26th day of March 2021 but however continued to occupy the NAQS Director General office till 13th of December 2023 when he eventually bowed out after the completion of his term as DG, thereby necessitating the appointment of the most senior ranking officer who was so appointed by the Minister in line with the Nigeria Agricultural Quarantine Service Establishment Act (hereinafter after described as “the Act”), to head the agency as DG in acting capacity.
“Howbeit, bearing in mind the combined effect of the Public Service Rules and the relevant sections of the Act, I daresay that from the 26th of March 2021, being the period Dr. Isegbe ceased to be in service as a result of his retirement, he ought to have exited the service. Nevertheless, he was asked to vacate the office on the 13th of December 2023 when his tenure as DG expired. Hence, the next most senior in rank was duly appointed in accordance with the Act”, he said.
He pointed out that “pending the reversal of this unholy re-appointment, I am constrained to think that the renewed-hope mantra of Mr. President is synonymous with either renewed impunity or renewed hopelessness. Otherwise, why would a public servant, who had spent a total of nine (9) solid years in the office of Director General of a government agency, with an unimpressive record of gross abuse of office and corruption allegations, be considered fit for a re-appointment even after he exited office”.
He also observed that “upon his retirement on 26th March 2021, Dr. Isegbe ceased to be both an officer and or high-ranking officer in the service and accordingly, he ultimately exited the office in 13th December 2023, following the expiration of his tenure as DG which necessitated the appointment of the next in rank to occupy the office albeit in acting capacity as provided by Section 10 (5) of the Act”.
He believes that the foregoing unambiguous provisions of the Act as a beacon of light, it was his considered view that Dr. Isegbe has become a total stranger to the Agency, following his exit therefrom. Consequently, he does not qualify as a member of the Agency or an employee thereto and sadly, no provision of the Act contemplates the appointment of a retiree, a stranger or an individual outside the Agency to hold or occupy the position of the DG of the Agency. Therefore, the re-appointment of Dr. Isegbe is utterly baseless and unsupported by law.
“As a Nigerian citizen, I am curious to know: What is the fate of the next most senior officer in the agency who was already appointed as Director General in acting capacity and had been holding sway in that capacity till Dr. Vincent Isegbe’s re-appointment?
He said the re-appointment is certainly not a good example of an administration that chants ‘renewed hope,’ because the hope of the teeming junior officers in NAQS who have invested their years expecting to grow to the highest position would have been truncated if Dr. Vincent Isegbe’s re-appointment is allowed to stand.
“TAKE NOTICE that thirty (30) days is hereby given within which to reverse the appointment. However, in the event of your failure to reverse Dr. Vincent Isegbe’s re-appointment within thirty (30) days, I and other patriotic Nigerians shall be constrained to approach the court to question the legality or otherwise of the aforesaid appointment”, he added.