House of Representatives adhoc committee which investigated how Alhaji AbdulRasheed Maina, who was dismissed in 2013 and subsequently declared wanted by the Economic and Financial Crimes Commission (EFCC), was reinstated in the civl service, laid its report on the floor of the House three weeks ago. However, its recommendations, fell short of the expectations of Nigerians SAMSON BENJAMIN reports.
After a long lull, Alhaji AbdulRasheed Maina’s name has cropped up again as the House of Representatives ad-hoc committee which investigated his controversial reinstatement laid its report on the floor three weeks ago. However, the report has not been debated and adopted. According to leaked reports, the committee had indicted the Attorney General of the Federation (AGF) and Minister of Justice, Alhaji Abubakar Malami, for his role in the saga.
Maina, former chairman of the Pension Reform Task Team (PRTT), was dismissed in 2013 and subsequently declared wanted by the Economic and Financial Crimes Commission (EFCC) when he failed to appear before it for questioning. Thereafter, the former Pension boss fled the country but last November , he surreptitiously returned to the country in controversial circumstances. In addition, he was reinstated to the Federal Civil Service and was posted to the ministry of interior as a director.
Significantly, the issue had generated a lot of heat and buck passing, prompting President Muhammadu Buhari to dismiss Maina. In addition, Buhari also directed the Head of the Civil Service of the Federation, Mrs Winifred Oyo-Ita, to submit a report on how Maina was reinstated to the service within 24 hours. Till date, the report has not been made public but the lower legislative chamber had set up a committee to get to the root of the matter. Specifically, the green chamber described the saga as embarrassing and unacceptable. In the end, the adhoc committee had fingered Malami as the “architect” of the crisis. According to the report, the Attorney General had “fraudulently masterminded” and “pressurized all that mattered” to force Maina back into the service.
Malami’s action contravened the constitution—House Committee
The committee, according to reports, found out that the Attorney General met with Maina in Dubai knowing full well that the ex-Pension Task Force boss was a wanted person.
Subsequently, the actions of the Chief Law Officer of the country contravened Section 158 of the 1999 constitution. Specifically, the section states that “In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.”
In summary, the committee had recommended that the AGF should be reprimanded and cautioned. In addition, it recommended that Malami should be advised not to interfere in matters he has no jurisdiction over.
Other sanctions
Similarly, the Permanent Secretary in the Ministry of Interior, Engr Abubakar Magaji, was found wanting, especially for his role in documenting Maina following the purported reinstatement. The documentation, according to the committee, was done without the necessary written clearance from the office of the Head of Service of the Federation. In spite of his remorse, the committee also said that Magaji too should be cautioned. Also, the Federal Civil Service Commission (FCSC) erred by contravening Section 158 of the constitution, by taking directives from Malami to reinstate Maina. Significantly, the committee advised the commission to always stick to civil service rules and not to succumb to pressure from any quarters.
In addition, the committee recommended that Senior Staff Committee (SSC), which was constituted to look into the possibility of Maina’s recall, which eventually recommended his re-engagement, should also be cautioned.
.
Claims and counter claims
On October 23, 2017 news broke out that Maina had returned to the country, reinstated to service, deployed to the ministry of interior and even promoted to acting director of Human Resources. After the expose, Nigerians were outraged by the brazen illegality of his return and the impunity of his reinstatement to service. Almost immediately, the Minister of Interior, Lt-Gen Abdulrahman Danbazau washed his hands off the entire process that led to his reinstatement .
According to him, “Maina was posted few days ago to the ministry of interior by the Office of the Head Of Service, on an acting capacity to fill a vacancy created following the retirement of the Director heading the Human Resources Department in the ministry”. He added that “ for the avoidance of doubt, issues relating to discipline, employment, re- engagement ,posting, promotion and retirements of federal civil servants are the responsibility of the Federal Civil Service Commission and Office of Head of Service of the Federation”.
The Head of Service, Winifred Eyo-Ita, denied the minister’s claim which linked her to Maina’s reinstatement. Speaking through her Assistant Director, Media Relations, Alhaji Mohammed Monga, she said that Maina’s reinstatement and posting didn’t emanated from her office. According to the statement, “the purported reinstatement and posting by the office of the head of civil service of the federation is totally erroneous and misleading”.
Rather than shed light on the issue, the claim and counter-claim added fire to the anger of Nigerians.
Malami, Dambazzau aided his return
However, a series of alleged correspondences between the Ministry of interior, Ministry of Justice Abubakar Malami and the Head of Service, suggest that Dambazzau and the nation’s Chief Law officer might have aided the process that exonerated, reinstated and promoted Maina to Acting Director at the Ministry of Interior.
A letter signed by one Mustapha Suleiman dated September 17, 2017 on behalf of the Chairman of Federal Civil Service Commission (FCSC), made a strong case for Maina’s recall. Malami, according to the letter, had requested the FCSC “to give consequential effect to the judgement that voided the warrant of arrest issued against A.A Maina, which formed the basis for the query and his eventual dismissal“. Subsequently, the FCSC deliberated on the Attorney General’s letter and requested the Office of the Head of Civil Service of the Federation (OHCSF), “to advise the permanent Secretary ministry of interior to consider the AGF’s letter, the officer’s case and make appropriate recommendation to the commission.” Reports indicated that “the OHCSF accordingly advised ministry of interior to consider the matter”. Thereafter, the ministry’s Senior Staff Committee deliberated on the issue and recommended Maina’s reinstatement into the service as a Director.
Afterwards, OHCSF forwarded the recommendations of the Ministry of Interior’s Senior Staff Committee to FCSC for necessary action. The FCSC then approved Maina’s reinstatement, according to the leaked correspondences.
Buhari weighs in
Probably concerned by the level of criticisms that greeted Maina’s reinstatement and the embarrassment that trailed the action, President Muhammadu Buhari had ordered the immediate sack of Maina from the federal civil service last Monday. Simultaneously, he directed the Head of Service of the Federation to submit a full report surrounding Maina’s reinstatement, promotion and posting to the Ministry of Interior, to the office of his Chief of Staff, Malam Abba Kyari that same day.
The president’s Special Adviser on Media and Publicity, Mr Femi Adesina who broke the news of Maina’s sack, said that Mrs Eyo-Ita had already complied with Buhari’s directive. However, no action has been taken on the report.
APC, PDP trade blames
As expected, there was a war of words between the ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) over the Maina saga. Specifically, the verbal warfare was triggered by the PDP which accused APC of complicity. In a press statement, PDP said it was not surprised that the present administration reinstated Maina, describing them as birds of the same feather. For this reason, “ we are not too shocked by the steps taken by the administration of APC in reinstating a supposed criminal and fugitive, Abdulrasheed Maina to the office instead of getting him arrested. Birds of a feather flocked together”, the opposition party had declared.
In a swift reaction , APC’s National publicity Secretary, Mallam Bolaji Abdullahi, described Maina as one of the toxic elements that was left behind by the opposition PDP. In a statement, the spokesman reminded PDP of Maina’s original sin. The fugitive, according to him, ‘’ has been accused of one of the most monumental act of corruption in the nation’s history but that was only possible under a PDP government. ‘’
Similarly, Maina’s family rose to their son’s defence in Kaduna, saying he is not a thief but a Messiah who was engaged by the Buhari administration to cleanse the Nigerian pension scheme. Family spokesman Aliyu Maina also alleged that it was the APC-led administration that facilitated Maina’s return, “ to assist its change agenda “. Aliyu blamed his brother’s travails on a cabal which is bent on tarnishing the image of Maina in the media and that the family is in possession of facts that will expose its motive .
Presidency denies claim
However, the presidency has denied Aliyu’s claims, especially that the government invited Maina to help in the change agenda. Garba Shehu, a presidential spokesman, had described the claim as ridiculous and ‘’ a freshly minted falsehood. Nobody should believe that”. The spokesman advised Nigerians to ignore Aliyu’s statemen.
Senate, House set up committees
Significantly, the senate has directed its Committee on Public Service and Establishment to investigate how Maina, who was on security watch list, got into the country after absconding for some years without being arrested. In addition, the Senate also ordered an investigation in the circumstances leading to Maina’s reinstatement into the public service and promotion to the level of a Director. In addition, Chairmen of Human Rights and Legal Matters, Financial Crimes and anti corruption, and Internal Affairs were co-opted into the investigative committee.
Similarly, the House of Representative also set up an ad-hoc committee to investigate the matter and to recommend strong sanctions against any person or persons implicated in the scandal.
Over a month ago, the Senate adhoc committee had also laid its report on the floor of the red chamber. A three weeks ago, the House of Representatives followed suit.Last Tuesday, the content of the latter’s report leaked to the public and the committee had indicted the Attorney General of the Federation, Alhaji Abubakar Malami. However, the senate committee’s report is yet to be made public but the devil is in the implementation.
