Hameed Ali: Raising the bar of public officers’ impunity

Hard Fact

Introduction
I cannot fathom why people in government wear this unusual air of arrogance, superiority, haughtiness, hubris and egotism. They simply see themselves as God’s gift to mankind. They believe Nigerians should even be grateful and beholden to them, genuflectingly, for even “accepting” to govern them, why is this so? I always wonder.
Hameed Ibrahim Ali (born 15th of January, 1955) is a retired Nigerian Army Colonel and current Comptroller General (CG) of the Nigeria Customs Service (NCS). He was appointed to the CG position by President Muhammadu Buhari on 27th of August, 2015. Col. Ali had served as Military Administrator of Kaduna State (1996 – 1998), during General Sani Abacha’s despotic military junta.
Upon retirement, he became Secretary of the Arewa Consultative Forum (ACF), a northern pressure group. He was a stringent supporter of PMB in his bid for the 2015 Presidency. It was, therefore, no surprise that he was one of PMB’s first appointees in an overtly lopsided appointment template that saw one part of the country seizing over 70% of all appointments, to the utter consternation and bewilderment of other parts.
What is in a uniform?
The present hubbub, bedlam and uproar generated by Ali in his defiant refusal to wear Customs uniform to the 109 member distinguished Senate is as pompous, cocky, narcistic, as it is vainglorious. What is in a uniform? Oh, EVERYTHING!
Virtually all professionals wear uniform:  Lawyers, Judges, Doctors, Engineers, Nurses, Capital Market Operators, Army, Navy, Airforce, Police, Customs, Fire Service, Civil Defence, prison wardens, traffic wardens (“yellow fever”), Immigration Officers, FRSC, Boys Scouts, Girls Guild, Knights, Priests, Reverend Sisters, Bishops, Pope, Imams, Traditional Rulers, School children, Students, Graduands, even Masquerades and Native Doctors; just name it.
Even if wearing Customs uniform was not legally compulsory (we shall show anon that it is), wearing uniform instills in the wearer and his peers, a unique sense of identity, security, pride, unity, belonging, responsibility, espirit de corps and team work, among the CG and the entire rank and file of the Customs Service.
The beauty and crave for lawyers uniform made me lose one full academic year at the then University of Ife (now OAU), to enable me read law, as I had to downgrade myself from 300 level (English Department), to 200 level (Law). The greatest attractions I had for this self-immolation were simply two: The first was the lawyers’ uniform (wig, gown, bib and collar); the second was to use law as an instrument of socio-economic and political engineering (apologies, Prof Dean Roscoe Pound).
Some Nigerians could be funny
Some Nigerians could be very funny people. They dance to situations, as such situations satiate them; and live in self-denial when their interests (usually selfish), are involved. When the DSS invaded revered Justices and Judges’ homes last October, terrorised and overawed them with innocent family members in the ungodly hours of the night (12 midnight to 5am), some Nigerians clapped and praised the DSS to high heavens. I demurred. I kicked. They claimed DSS was all out to wrestle corruption to the ground and defeat it. The Special spy secret agency didn’t need to surround the suspects’ houses and tap on their doors for arrest in the morning. DSS had a patriotic mission to accomplish, with the urgency of yesterday.  Fundamental Rights were no longer important. No need for fair hearing. They baited for Judges’ blood like Ostralopitekus savages and clamoured that such judges must step down from their offices, even without trial. In fact, one highly placed Nigerian in one of the anti-corruption committees mouthed obscenity and sacrilege (may God forgive him for the faux pas), that Nigerians, once accused of corruption, should simply be tied to the stakes and shot dead. There was no need for any lengthy legal trial. To hell with humanity, decency, human rights and fair hearing. Fundamental rights were mere unwarranted irritant luxuries. These novel emergency activists were even ready to elasticate DSS’ well defined and circumscribed functions, which have to do with preservation of internal security, to ridiculous amplitude and plenitude, to include fighting corruption, even in our matrimonial bedrooms; because corruption amounted to internal insecurity! God! The same set of Nigerians have now suddenly somersaulted, like Esan Egbabonalimhi acrobats as soon as Magu’s rejection as Executive Chairman of the EFCC, by the Senate came up.  They have now turned against the same DSS, lampooning it, wondering what business it has with corruption matters. These flip-flop rights revisionists forget that all public office aspirants, whether president, governors, senators, judges, ministers, local government chairmen, commissioners, appointees of MDA’s, etc. before their election or appointment are usually screened by the DSS. Such people have suddenly discovered the sacrosanct constitutional provisions that respect fundamental rights; that allow for fair hearing, not booby traps, land mines or media trial. Nigeria, we hail thee.
Wearing uniform: The legal regime
The law governing Nigeria Customs is the Customs & Excise Management Act (CEMA), Cap 45, LFN, 2004. Although  CEMA is silent as to whether it is mandatory for the Comptroller General of Custom (CGC) to wear uniform, however, the Customs and Excise Preventive Service Regulations made pursuant to CEMA, make specific reference to uniform. Regulation 31 provides that clothing and equipment of Customs officers shall be of such pattern and worn in such manner as the Board shall determine. Interestingly, CEMA defines ‘officer’ to mean:  “any person employed in the NCS, or for the time being performing duties in relation to Customs or Excise”. Under Sections 4 and 5 of the Act, the power to act on behalf of and subject to the Government of the federation in all Customs matters, is vested in the Board of the NCS, of which the CG is Vice Chairman, while the Minister of Finance, is Chairman.
Since the said Regulation 31 provides that: “clothing shall be of such pattern and worn by officers as the Board shall determine”, it follows, as the night the day, that a community reading of the Act and the Regulations, clearly show that the CG is and remains an “officer” of the Service, whether career, or political. He must, therefore, comply with the provisions of both the Act and the Regulations, by wearing of the uniform of Customs as a para-military agency that even handles weapons. Not to wear the uniform is to blatantly undermine the very foundation of his appointment, by disobeying the Rules and Regulations governing the appointment.
Similarly, Section 8 of the Act provides that for the purpose of carrying out or enforcing the provisions of the Customs and Excise Laws, all officers shall have the same powers, authorities and privileges as are given by law to police officers.  Everyone knows that part of the paraphernalia of the “powers, authorities and privileges”, of police officers is wearing official uniform. Why must Ali be an exemption? He cannot eat his cake and have it. He cannot blow hot and cold; approbate and reprobate simultaneously. He cannot happily wield the powers and influence as the CEO and the authority on Customs’ guidelines, policy and operational matters, yet refuse to wear the uniform that approximates the symbol of such authority.

Precedents of non-career officers that wore official uniform
It is simply not correct or true as reportedly argued by Ali that a uniformed man does not wear uniform twice. There is a trailer-load of precedents of political non-career officers, taken from outside the Customs Service and other para-military organisations, that proudly adorned official uniform, after such military or para-military service.
Veterinary Doctor, Haliru Mohammed Bello, erstwhile Minister of Communications and Defence and former Chairman, PDP Board of Trustees, was appointed CG by IBB in 1988. He wore Customs uniform as CG with pride, éclat and dignity throughout his six-year sojourn as CG.
General Ango was politically appointed, not as a career CG, but as “Sole Administrator”, seconded to Customs from the Army. Ango proudly wore his Military uniform throughout, until 1999, when he was replaced by A.A. Mustapha, a career officer.
Some time ago, retired Major-General Haladu Hananiya, very far superior to Hameed Ali, was Corps Marshall of the Federal Road Safety Corps (FRSC). He wore his uniform throughout his service with pride and dignity.
Colonel Emeka Okoro, same rank with Hameed, upon retirement from the military, was appointed the Sergeant-At-Arms of the NASS. He proudly wore the uniform of the Sergeant-At- Arms at the NASS throughout his service. Retired Major Argungu was appointed the FCT Head of the Vehicle Inspection Office (VIO). He gallantly wore VIO uniform. Dr. John Ade Abolurin, erstwhile Commandant of the Nigerian Security and Civil Defence Corps (NSCDC), who brought NSCDC to glory, adorned the Corps uniform with panache. Ositadinma Chidoka, former Aviation Minister, became Corps Marshal of the FRSC. He glamourised the uniform.
Danjuma Garba, the former FRSC Zonal Commanding Officer for Lagos, was later made the Head, VIO, FCT. In both positions, he proudly wore the uniform of each office. Mrs Roli Bode-George, a non-career officer of NDLEA, gleefully wore NDLEA uniform when she was appointed the Head.
When I was growing up, I beheld colourful almanacs that carried the pictures of Dr. Nnamdi Azikiwe, dressed in either Army, Navy or Airforce uniforms, to attend functions of those Forces. GEJ did it. Even Shagari did, though both GEJ and Shagari were not uniformed men. PMB and GEJ, during presidential campaigns adorned the peculiar cultural dresses (uniform) of different ethnic groups across Nigeria. They knew the symbolism of uniform.
So, what is special about Hameed Ali, that he would defy the Red Chambers, a constitutionally created 109-member institution constituting one of the three Arms of Government?
Will it not be a grotesque and bizzare scene to behold fully uniformed DCGs, ACGs, Comptrollers and other ranks and file, standing at attention, and taking mandatory salute before a ‘Babaringa’, or ‘Sokoto-and-Buba’-wearing Hameed Ali? Would Ali have the moral authority to discipline an officer not properly dressed in uniform? Could his refusal to wear Customs uniform show disdain, contempt and derision for the agency, since rumours (independently not confirmed by me), had it that he reluctantly accepted the CG position after pressures by APC Chieftains, since his initial expectation was to be made either the Chief of Staff to PMB (a role he played during the presidential election), or made the Executive Chairman of EFCC?
There are many competent and experienced retired high ranking military officers in Nigeria of who would gladly wear CG’s uniform, even in their sitting rooms and “other room”, aside during official hours.
Hameed Ali has options
My humble advice to Ali is to embrace one of three options: Firstly, obey the Senate, wear the uniform. Secondly, as the overall Head and CEO of the Customs, assisted by six DCG’s, do as the Romans do, when in Rome: wear the uniform voluntarily, even without Senate intervention. Finally, if Ali is not proud of, or comfortable with, the Service, promptly resign: Do not wear the uniform. It is true, the aphorism: If you do not like the heat, do not enter the kitchen; if you do not want to get wet, do not jump into the river.

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