From Ndubuisi Orji, Abuja
House of Representatives has passed for second reading a bill seeking to amend the Interpretation Act, 2004 to provide conditions for appointment and assumption of offices in acting capacity.
The proposed legislation entitled”Bill for an Act to Amend the Interpretation Act, Cap. 123, Laws of the Federation of Nigeria, 2004 to provide Conditions for Appointment and Assumption of Office in Acting capacity, to provide the meaning of certain words and for Related Matters”, was sponsored by the Deputy Speaker, Benjamin Kalu, Ikeagwuonu Ugochinyere and five others.
Ugochinyere, while leading debate on the general principles of the bill, at Wednesday’s plenary, said the proposed legislation provides for limitations and conditions for the appointment and assumption of office in an acting capacity, amongst others.
The lawmaker, who represents Ideato North/ Ideato South Federal Constituency, argued that the power to appoint public officials in acting capacity has severally been abused in the past. He noted that there have been instances where persons not qualified to hold certain offices were appointed to hold such offices in acting.
The lawmaker said, “Section 11 of the Interpretation Act provides that where an enactment confers a power to appoint a person either to an office or to exercise any function, whether for a specified period or not, that power to so appoint includes the power to appoint that person by name, the power to remove or suspend him and the power to reappoint or reinstate him as well as the power to appoint a person in acting capacity.
” A closer look at paragraph (c) of subsection (1) of section 11 shows that the powers exercisable thereof are subject to limitations and conditions which may be provided by various other enactments, and this power include the power to reappoint or reinstate a previously suspended appointee.
He said ” whereas various enactments provide for clear limitations and conditions upon which an appointee may be reappointed or such limitations and conditions upon which a suspended appointee may be reinstated, there are no limitations and conditions provided for the appointment of persons in acting capacity.
“The very essence of this Bill is to provide for limitations and conditions for appointment of a person into any office in acting capacity. The Bill aims at providing such condition that for a person to be appointed into an office in acting capacity, that person ordinarily should be qualified to hold such office in substantive capacity.
“It also aims at providing a limitation on the appointment in acting capacity by providing that an appointment in acting capacity cannot be held for a period exceeding six months.”
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