That the ongoing ego trip between the Senate and the Comptroller-General of the Nigeria Customs Service, Hameed Ali, a retired Colonel, has generated a lot of concerns amongst Nigerians is definitely not in doubt.
It has elicited so much controversy, not only in the various social media platforms, with each commentator taking side in the brouhaha, but also amongst Nigerians of different walks of lives.
Hence, it is not surprising to hear arguments about whether the Senate was right or wrong in its insistence that Ali should appear before it in the full uniform of the CG of the NCS, or whether Ali was also wrong or right in his insistence to appear before the Senate in other dress code different from that of the NCS CG.
The Nigerian Senate and Ali have been at logger heads over the latter wearing the NCS CG uniform while appearing before the former, a development many analysts and watchers of political events see as baseless, especially at a time Nigerians expected the federal lawmakers to legislate on how to pull the nation out of the present economic recession.
It is on record that the first four heads of the Customs in Nigeria never wore uniforms. With respect to the Customs Service, its officers are required to wear uniforms in accordance with Section 8 of the Customs Excise and Preventive Service Regulations
But the genesis of the ongoing tiff between the Senate and Ali could be traced to the NCS’ intention to impose duties on vehicles purchased from 2015 through the land borders of Nigeria.
Following this intention, many Nigerians went through harrowing times in the hands of men and officers of the NCS, who had taken over the various highways across the country seizing people’s vehicles and imposing huge sums of penalties on vehicles found to have fallen short of the expectations.
Following several agitations by Nigerians, civil society activists, the Nigeria Labour Congress, among others, the Senate issued a directive to the NCS to stop the plan, only for its directives to be spurned, as the NCS said it would go ahead.
Enraged by this, the Senate summoned the NCS Comptroller-General, retired Col. Ali, to explain why its order was flouted.
When Ali first appeared before the Senate, he was turned back and asked to appear before the senators in the CG’s full regalia of office. But when Ali returned to the Senate chambers last Thursday, the Customs’ boss appeared in mufti, and the infuriated senators sent him packing again, asking him to re-appear before them in the CG’s uniform.
The development has been generating concerns among Nigerians, with questions being raised about the constitutional propriety or otherwise of, not only the Senate’s decision to force the Custom’s CG to appear before it, but also the CG’s refusal to dorn the uniform of a government agency he heads.
According to a school of thought, there is no law in the country that compels the Customs’ CG to wear his uniform at any particular occasion.
This school of thought opined that the Senate’s insistence on Ali appearing before it in NCS’ CG uniform was political.
Recall that Ali was appointed NCS CG by President Muhammadu Buhari in August, 2015, and ever since then; he has never put on the Customs’ uniform. But contrary to the views of the first school of thought, another school of thought opined that there was no big deal in Ali putting on the Customs’ uniform.
This school of thought based its arguments on the fact that other retired soldiers, who had headed some other ministries, departments and agencies of government in the past, had put on the uniform of such agencies.
This argument was against the background that Ali was quoted as saying that as a retired Colonel of the Nigerian Army, it was beneath him to put on the uniform of the Customs’ CG.
This school of thought was quick to cite the example of Anthony Hananiya, a retired General, who once headed the Federal Road Safety Corps, who wore the uniform of the Corps Marshall of the FRSC when he headed the agency, saying that Col. Ali, who is lower in rank to Hananiya, has no reason not to wear the NCS CG’s uniform.
Speaking on the matter, Jubril Okutepa, a Senior Advocate of Nigeria, said the directive of the Senate that CG Ali must put on uniform did not have any legal back-up.
He said, “Assuming that wearing uniform is compulsory for the CG and his refusal is a breach of any known law, not conceding, it is not the duty of the Senate to constitute itself into armed sentry to look for law violators and to be enforcing the law.
“I think this particular act is more of mundane ego massaging than oversight responsibilities of the Senate. If I were the Customs’ CG, I would go to the appropriate authorities to find out if the Senate had the powers to direct me to wear uniform as done in this.
case. “We seem too eager to allow our emotions becloud our senses in this country always. Let the Senate devote time to consider bills that are before them than this mundane ego massaging and acrobatic misuse of oversight functions that serves no useful purpose.
“Though Senator Dino Melaye pointed out, albeit inferentially, that a one-time head of a sister agency, retired General Hananiya, wore the uniform of the Corps Marshall of the FRSC when he headed that agency.
Was he comparing grapes with apples? This is because Section 18(3) of the Federal Road Safety Commission Act 2007 specifically mandates a uniformed member of the Corps to be in his uniform whenever he is on duty in his office or on the highway.”
A political office holder, who prefers anonymity because of his office, said, “Even if it was not on statutory basis, the CG of Customs ought to on conventional, expectation, moral basis and respect for the Senate as an institution, as well as pride in the Customs, dress in the Customs’ uniform.”
On whether there are sanctions that the Senate can impose if and when the CG refuses to put on the uniform, he said there were “several political ones.” “They may pressure the President to remove him; they may refuse to cooperate with the Customs, which somewhere along the line would need the Senate,” he said.
The Presidential Adviser on Prosecution, Barrister Obono-Obla, said the CG was not a serving Customs officer, so the question of his wearing uniform did not arise.
“He was appointed by the President, pursuant to Section 171 of the Constitution. Apart from setting up an investigation committee under Section 88 thereof or inviting a minister under Section 67 (2) of the Constitution to explain the affairs of his ministry, when the affairs of the ministry are under discussion; where has the Senate got the power to summon the head of an extra ministerial agency?” he asked.
To Femi Falana, SAN, insisting that Ali should appear before it is nothing but illegality on the part of the Senate. He said, “The Senate engaged in another illegality when it exceeded its powers by asking the Customs CG to appear before it in Customs’ uniform.
Neither the Constitution nor the Rules of Procedure of the Senate has conferred on it the power to compel the CG to wear Customs’ uniform, when he is not a serving Customs officer.
Indeed, the directive is a reckless usurpation of the powers of the Board of the Customs, which is the only competent body to decide on the wearing of uniform by Customs officer.
“In many countries, including South Africa, customs officers do not wear uniforms. It is on record that the first four heads of the Customs in Nigeria never wore uniforms.
With respect to the Customs Service, its officers are required to wear uniforms in accordance with section 8 of the Customs Excise and Preventive Service Regulations, which provides that ‘clothing and equipment shall be of such pattern and worn in such manner as the board shall determine’.”
Meanwhile, findings by The Point, have revealed that some former heads of government organisations did not wear uniform while others did.
For example, heads of uniformed government agencies who never wore uniforms in the past include: Dr Olu Agunloye; Corps Marshal, FRSC; Lanre Ipinmisho, AIG Oyakhilome, General Ishaya Bamaiyi and AIG Fulani Kwajafa, Directors-General, National Drug Law Enforcement Agency.
Those who wore uniforms were: Roli Bode-George; DG, NDLEA; Haliru Mohammed Bello, CG Customs; Brig. General Samuel Ango, sole administrator, NCS and MajorGeneral Hananiya; FRSC Corps Marshal.
Nigerians have advised the federal lawmakers to face the business of lawmaking to make life more meaningful to the generality of the citizens, rather than pursue mundane issues of who wears what uniform and who does not wear uniform, especially with an array of very important bills, like the 2017 Appropriation Bill, the Petroleum Industry Bill, among others, awaiting their attention.
