South-east group sues Buhari over appointment of PENCOM DG

South-east group sues Buhari over appointment of PENCOM DG

- Igbo has sued President Muhammdu Buhari

- The South east claimed that Buhari refused to appoint a member from the zone as a replacement to Mrs. Chinelo Anohu-Amazu

- Chinelo Anohu-Amazu is a Nigerian lawyer, public servant and administrator and immediate past Director General and CEO of National Pension Commission (PENCOM)

The people of the South East geo-political zone have dragged President Muhammdu Buhari to Federal High Court, Abuja for his refusal to appoint a member from the zone as a replacement to Mrs. Chinelo Anohu-Amazu as the Director General of National Pension Commission (PENCOM).

The action of the zone was contained in a suit filed before the court marked FHC/ABJ/CS/371/17 wherein it was contending that the replacement of the immediate past Director-General of PENCOM with another person outside the zone constituted a breach of the Oath of Office of the President under section 26 (1) of the 7th schedule to the 1999 constitution.

The suit, which was filed by Giles C. Ugwunweze, the South-East Coalition for Justice and Equity (SECJE) and Legal Defence and Assistance Project (LEDAP), was seeking an order of court directing the President (1st Defendant), to appoint a Director-General for the National Pension Commission from the South-East Geo-political Zone in accordance with Section 21 (2) of the Pension Reform Act, 2014.

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Daily Sun reports the hearing of the suit has been adjourned to October 23, 2017, as the court presided by Justice John Tsoho did not sit, on Tuesday, July 4.

The plaintiffs were represented in court by Stephen Oluebube, F. I. Nwodo, S.N. Ezeora and Anthony Ojeh who appeared as legal representatives.

The suit further prayed for an order setting aside the appointment of Aliyu Abdul Rahman Dikko (the 3rd Defendant) and Aisha Dahir-Umar (4th defendant) by the President ( 1st Defendant).

NAIJ.com gathered that they enjoined the court to hold that upon the proper construction and interpretation of Section 21 (2) of the Pension Reform Act, 2014 the replacement of Mrs. Chinelo Anohu-Amazu from Anambra State in the South-East Geo-Political Zone of Nigeria with Aliyu Abdurahman Dikko from the North-West Geo-Political Zone of Nigeria is not illegal, null and void.

The plaintiffs were said to have further sought for the determination of the question of construction of Sections 19(5)(a), 21 (1) (j) and 21 (2) of the Pension Reform Act, 2014 as amended and Section 171 of the Constitution of Nigeria, 1999.

Whether in the replacement of the Director-General of the National Pension Commission (PENCOM), who is of South-East Origin, under Section 21 (2) of the Pension Reform Act, 2014 pursuant to Section 21 (j) and having regards to the relevant provisions of the Constitution of Nigeria, 1999 (as amended), the 1st Defendant is restricted to the Geo-Political Zone of the immediate past Director-General that vacated office to complete the remaining tenure?

It was learnt that there must be regard to Section 19 (5)(a) of the Pension Reform Act, 2014, Dikko Aliyu Abdulrahman, as the Pioneer Managing Director and Chairman, Board of Directors of Premium Pension Limited, a licensed Pension Fund Administrator, is not disqualified from holding of office as the Director General of PENCOM?

Also to Secttion 21 (2) of the Pension Reform Act, 2014, the appointment of the 4th Defendant to head the National Pension Commission in acting capacity is not contrary to the provisions of the Pension Reform Act and therefore illegal?

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If the answers to questions 1, 2, 3, and 4 are in the affirmative, whether the appointment of Dikko Aliyu Abdulrahman and the appointment of Aisha Dahir-Umar are according to law and whether they constitute a breach of the Oath of Office of the 1st Defendant under Section 26 (1) Seventh Schedule of the 1999 Constitution, which is the oath of office of the President?

It was stated that there must be a proper construction and interpretation of Section 171 of the 1999 Constitution the President of the Federal Republic of Nigeria possess the power to remove his appointees made pursuant to an Act of the National Assembly whose appointment and removal are not at the pleasure of the President and whose tenure of offices are statutory and do not cease with expiration of the tenure of office of the President.

Igbo have however enjoined the court for a declaration that the appointment of the 3rd Defendant by the 1st Defendant or the appointment of any other person not from the South-East Geopolitical Zone in substantive or acting capacity as to complete Mrs. Anohu-Amazu's remaining tenure is not in compliance with Section 21 (2) of Pension Reform Act, 2014 and is therefore, illegal, null and void.

Meanwhile, NAIJ.com had reported that operatives of the Department of State Service (DSS) had raided the office of National Pension Commission (PenCom) in Abuja on Saturday, April 22. The raid, the report says, follows the refusal of PenCom's ex-Director General Chinelo Anohu- Amazu to hand over to her successor.

Watch this NAIJ.com TV Video of Acting President Yemi Osinbajo delivering a speech on the Biafra war:

Source: Naij.com

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