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•Najomo’s confirmation in limbo as FG keeps mum
By Chinelo Obogo, [email protected]
Following the arraignment of the immediate past Minister of Aviation and Aerospace Development, Hadi Sirika over allegations of fraud, sources within the the Economic and Financial Crimes Commission (EFCC) have revealed that the anti-graft agency would also soon arraign Capt. Musa Nuhu, the suspended Director General of the Nigerian Civil Aviation Authority (NCAA), the regulatory body under the purview of the aviation ministry.
Capt. Nuhu was suspended from office in December 2023 and was replaced with Capt. Chris Najomo, who was appointed in acting capacity. At the time, one of the presidential spokespersons, Ajuri Ngelale, said Nuhu’s suspension was to enable the EFCC conduct an investigation into his activities and that of other NCAA directors that were removed from office.
Nuhu, whose five-year tenure is to elapse in February 2025 has maintained his innocence and the fact that he has not been charged and found guilty of any misconduct, is creating confusion.
As Capt. Najomo’s six-month tenure elapses in June, Daily Sun made attempts to find out the status of the EFCC’s investigation into Nuhu’s activities as DG and why it has dragged on. Though there was no official response, a senior official of the anti-corruption agency, who didn’t want to speak ‘on the record’ told Daily Sun that investigations were still ongoing.
The official claimed that Nuhu is fully cooperating with the EFCC by returning funds but that he would still be arraigned regardless. This mirrors the situation with Sirika, who reportedly returned funds before facing charges.
“Nuhu is returning money. You know that the EFCC is very practical. We want them to return as much money as they can return before we charge them to court. In their minds, they would feel that we would not charge them but he will still be charged to court,” the EFCC source said.
Constitutional crisis
As Najomo’s tenure nears its end, there are concerns that if the Nuhu situation is not resolved, it could cause a constitutional crisis for the federal government, which has recently been accused of interfering in the oversight function of the regulatory agency.
In the Nigerian Civil Aviation Act 2022 (as amended) the appointment and removal process for the NCAA DG are outlined, introducing more checks and balances for the DG’s position differently from the previous Act (2006). In the amended Act, the President appoints the DG along with the board chairman and other members. The President also has the authority to remove the DG from office, but it requires confirmation by the Senate, a significant change from the 2006 Act, where Senate confirmation wasn’t necessary.
The Act specifies reasons for removing the DG, including mental or physical incapacity, misconduct and professional disqualification. However, it also states the DG can only be removed following these provisions. Part IV (1) (2) of the Act states that, “There shall be for the Authority a Director-General Civil Aviation who shall be appointed by the President on the recommendation of the Minister, subject to confirmation by the Senate. The Director-General shall be primarily responsible for the fostering of the safety and security of civil aviation in Nigeria.”
On the removal of the DG, the Act states, “The Director-General may be removed from office by the President subject to confirmation by the Senate, where he becomes of unsound mind or is incapable of carrying out his duties as a result of physical or mental illness or has demonstrated inability to effectively perform the duties of his office; (b) has been absent from five consecutive meetings of the Board without the consent of the Chairman unless he shows good reason for such absence; (c) is guilty of serious misconduct; (d) in the case of a person possessed of professional qualifications, is disqualified or suspended from practicing his profession in any part of the world by an order of a competent authority; (e) is in a conflict of interest as stipulated in the First Schedule to this Act.
Part IV(4) states: “The Director-General shall not be removed from office except in accordance with the provisions of this Act.” With Nuhu’s investigation ongoing, the expiry of Najomo’s term and the stricter removal process, the Nigerian government faces a dilemma in selecting new leadership for the NCAA without flouting the Act setting up the agency.
Last month, several directors from the Nigeria Airspace Management Agency (NAMA), the Federal Airport Authority of Nigeria (FAAN) and the Nigerian Safety Investigation Bureau (NSIB) who were sacked in December 2023 along with other Chief Executive Officers of all the aviation agencies, revealed that they are suing the government because they believe they were unfairly terminated. They insist that their appointments were for a fixed term of five years but that they were not allowed to complete their tenure.
In separate suits filed by their lawyer, Patrice Akwara said they should be reinstated or paid the salaries of what they would have earned if they remained in office for the years stated in their employment letters. The sacked directors provided their appointment letters as evidence which state the five-year term and possibility of renewal. They feel they were wronged and are seeking legal recourse.
One of the appointment letters the sacked directors presented as evidence, was signed by Director of Human Resources Management at the Federal Ministry of Aviation, Mrs. M.N. Nwokocha and dated May 23, 2023, read in part, “I am directed to inform you that following the approval of the President of the Federal Republic of Nigeria, Muhammadu Buhari on the reorganisation of aviation agencies, the Honourable Minister of Aviation has approved your appointment as the director. The appointment which is for five years and with effect from May 23, 2023, may be renewed for a second tenure on the recommendation of the Board for the approval of the Honourable Minister. Please, accept my best wishes and congratulations on your appointment.”
The directors said they aren’t suing out of a desire to fight the government, but rather to correct the unfair treatment they believe they received and that their goal is to be reinstated or receive compensation for the remaining term they believe they were entitled to.
