President Muhammadu Buhari has been dragged to court by a businessman who wants the appointment of retired Colonel Hameed Ibrahim Ali as Comptroller-General of the Nigeria Customs Service (NCS) declared null and void.
Among other things, the businessman; Mr Ifeanyichukwu Okonkwo is accusing the president of abusing his constitutional powers in the appointment of Ali, a retired Army officer above 60 years old, instead of a senior officer from the NCS.
In the suit with number FHC/ABJ/CS/813/2015 before a Federal High Court in Abuja, the plaintiff, an importer and activist based in Onitsha, Anambra state, wants the court to reverse Ali’s appointment as the customs boss as it violates sections 5, 147, 148, 151 and 171 of the 1999 constitution as amended.
He also wants the court to order the minister of Finance, Kemi Adeosun, from recognizing the customs boss while also asking the court to stop Ali from parading himself as the chief executive officer of the service.
Ali was appointed in 2015 but Okonkwo seeks among others:
*A declaration that the appointment of the 4th defendant as the comptroller-general of the 3rd Defendant is not supported by any iota of law, and a clear violation of the Public Service Rules application to the 3rd defendant.
*A declaration that there is no enabling law made by the National Assembly as the authority for the appointment of Col. Hameed Ibrahim Ali (rtd) as the new Comptroller General, Nigeria Customs Service, his appointment by the President is unconstitutional, null and void.
*A declaration that the purported press release by Mr. Femi Adesina an aide of President Muhammadu Buhari is without due regard to Civil Service Rules, but a public relations affairs. The said Mr. Femi Adesina, is an imposter not being the Minister of Finance of the Federal Government.
*A declaration that an appointment to the office of Comptroller General of the Nigeria Customs Service shall not be made except with the recommendation of the Minister of Finance, and among Deputy Comptroller Generals, Assistant Comptroller Generals and or Controllers, in the Nigerian Customs Service of the Federation.
*A declaration that the 4th Defendant a retired Colonel in the Nigerian Army is above sixty (60) years of age, a pensioner is not eligible for appointment into the Federal Civil Service regarding the Nigeria Customs Service.
He believes that Ali lacked the training and technical know-how concerning the statutory functions of the parastatal.
He further said the appointment of Ali had destroyed the career of top officers of the NCS many of whom are well trained to handle it.
According to him, there was no minister of Finance August 27, 2015 when the Ali’s appointment was made and the president could not have acted on the advice of the minister as stipulated by law.
He noted that his partners abroad have refused to do business with him for the reason that the head of the Nigerian Customs Service is non-career and untrained personnel.
He added that the World Customs Organisation is contemplating a boycott of the Nigerian ports.
The presiding judge in the case, Nnamdi Dimgba has adjourned the matter till February 14, 2017 for hearing.














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