Parliamentary Staff Association of Nigeria, PASAN, has urged the National Assembly Service Commission, NASC, to overrule the Senate President, Dr Ahmad Lawan’s directive that ordered the recall of the outgoing Clerk to the National Assembly, CNA, Architect Amos Olatunde Ojo, who proceeded on his obligatory three-month pre-retirement leave on November 14, 2022.
Lawan had, in a letter to the Executive Chairman of NASC, Engineer Ahmed Kadi Amshi, dated November 17, 2022, directed him and the Commission to consider recalling Arcitect Ojo to spend his pre-retirement leave in office in view of the exigencies of the time.
Ojo’s retirement is effective February 14, 2023.
But the Senate President wanted him to be in office to work with and tutor the acting CNA, Magaji Sani Tambuwal, on the workings of the Office of the CNA.
The Senate President’s main concern centres on the authentication of the clean copy of the budget and transmission of the same to President of Buhari for his assent.
Authentication, according to the Authentication Act, could only be done by a substantive CNA, the Senate President had claimed in his letter.
Stakeholders have continued to argue that Ojo, whose effective retirement from service is February 14, 2023, should face his seminars and retirement processes with the service and Pension Funds Administrator, while he could be called upon to authenticate the clean copy of the budget whenever it is ready in December 2022.
But the outgoing Clerk to the National Assembly, Architect Ojo, has been going to office since Monday, November 21, 2022, treating files and presiding over management meetings; to the confusion and chagrin of staff members some of whom have been at a loss as to how to route their files.
THE CONCLAVE learnt that many have been taking their files to the acting CNA who, in the spirit of camaraderie and stability and sanity of the system, keeps referring them to the recalled outgoing CNA.
But workers, under the aegis of PASAN, have weighed into the matter, asking the National Assembly Service Commission, NASC, to review and overrule the Senate President’s directive that ensured Ojo’s recall and emboldened him to return to office to undertake day-to-day administration.
The Union’s observations and positions were contained in a letter to the NASC chairman, dated November 24, 2022.
The letter was sequel to a November 22, 2022 meeting convened by the NASC chairman and had in attendance the outgoing CNA, the acting CNA, the acting DCNA, leaderships of the security agencies in the National Assembly and a representative of PASAN.
The meeting, which held in the NASC’s conference room, provided an opportunity for the NASC chairman to table the Senate President’s letter to him, directing a recall of the outgoing CNA to office in the period of his pre-retirement leave to play some exigent roles as dictated by time.
PASAN said, in its letter to the NASC chairman, signed by its Secretary General, Comrade Awobifa Hammed, in which it copied the Director of DSS in the National Assembly, that it had discussed the issue at its November 23, 2022 meeting with the executive members of the NASS chapter of PASAN and reached some conclusions.
The union said that the letter by the Senate President, which was being circulated as the reason the Commission recalled the outgoing CNA was in direct violation of Section 7 of NAS Act, which states that “in exercising its powers to make appointments or exercise disciplinary control over persons, the Commission shall not be subjected to the direction or control of any authority or persons.”
It said the Union found it strange that both the Senate President and the Commission blatantly contravened its (commission’s) rule.
The Union also adverted the attention of the Commission’s Chairman to a circular with reference no NAS/CHO/CNA/iii/31 dated August 2022, wherein he reiterated the provisions of conditions of service in Section 03203, which states that: “seeking the influence of prominent persons or any other person in matters connected with discipline or with a view to obtaining consideration for appointmen, transfer, promotion or postings.”
The Union further referred to yet another circular with reference number NAS/CHO/CNA/iii/32 of August 2022 also signed by the Executive Chairman of NASC in which he re-emphasised that all officers of the National Assembly Service due for retirement must proceed on the mandatory retirement leave.
PASAN reminded the NASC chairman that even with the Acts Authentication Act, under reference, in 2016, Barrister Sani Omolori was appointed acting CNA by the Commission and the former CNA, Dr Salisu Maikasuwa, was appointed as acting CNA and they all transmitted bills in their acting capacities.
The Union noted that as acting President, Vice president Yemi Osinbajo signed numerous bills including the 2017 Appropriation Act and argued that if an acting President could sign bills, what would stop an acting CNA from transmitting bills.
“It is common knowledge and practice that when a law mentions a title, it is referring to the office and not the person occupying the office. In the same vein, the Public Service Rules provide that an officer in active capacity has the same powers and responsibilities as though he is in substantive position,” the Union averred.
It continued: “As a matter of fact, the Union does not understand the absurdity in having a substantive Clerk and an acting Clerk functioning simultaneously.
“We have searched everywhere in Public Service and history where that had been practised and could not find such precedent.
“This greatly distorts the the hierarchy of the National Assembly Service.
“Also, directing that Architect Ojo Olatunde should work with the acting Clerk is subordinating Architect Ojo to his junior colleague without clearly stating in what capacity Ojo is to operate.
“Recalling Arcitect Ojo Olatunde from retirement leave and appointing Mr Inyang as acting Secretary of Finance and Accounts, SFA, has rendered Mr Sani Tambuwal non functional as he is neither the CNA nor the SFA.”
The Union warned that the policy summersault exhibited by the Commission had only ignited tension in the National Assembly with negative impact on the existing fragile industrial harmony in the service.
The Union implored the NASC to strictly adhere to the provisions of the law as stated in Section 2 subsection 7 12102(b) of the conditions of service in the National Assembly Service.
In its prayers, the Union said it objected to the decision of the Commission to recall the outgoing Clerk to the National Assembly as it opposed all known norms, practices and procedures in the public service.
It therefore urged the Commission to adhere strictly to the laws of the Federal Republic of Nigeria, NAS Act 2014, its own rules as stated in the conditions of service in the National Assembly Service and extant circulars and rules to ensure harmonious industrial relations in the system.
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