No Minister Has The Right To Upturn Due Process- Human Rights Lawyer …NACETEM is not a private property….
By Abisola Ariwodola,
Comrade Adedayo Aborisade, a human rights lawyer has stated that no Minister under the Federal Republic of Nigeria has the right to upturn due process, and judiciary standing.
This is as he declared that National Center for Technology Management, NACETEM is not a private property that anybody can covet for personal reasons.
The Human Rights Activist who sued the Minister of State, for Science, Technology and Innovation, Henry Ikechukwu Ikoh, for allegedly nullifying the recruitment process of a substantive Director-General of the National Centre for Technology Management, made this known through his associate, Barrister Olamiji Martins at Federal High Court Osogbo on Wednesday.
The Minister of State, was alleged to have turned aside due process because of his personal interest to impose a director from Sheda Science and Technology Complex (SHESTCO) as Director General on the management of NACETEM.
According to Barrister Olamiji, Mr. Ikoh was dragged before a Federal High Court sitting in Osogbo, capital of Osun State, alongside the Minister of Science, Technology and Innovation, Attorney General of the Federation and Minister of Justice and NACETEM were joined as other defendants.
Ikoh who was served court summon for nullifying recruitment process of new NACETEM DG did not respond or have representation at the court proceedings on Wednesday, based on the interim interlocutory injunction for the stoppage of the Minister’s efforts at nullifying the standing recruitment committee.
The plaintiff, in a motion ex-parte brought before the court by his counsel, Olamiji Martins, argued that Ikoh flagrantly disobeyed the law by jettisoning the recruitment process of the NACETEM DG which was kick-started by his predecessor, Ogbonnaya Onu, he was said to have set up a parallel committee for recruitment into same office.
The parallel committee members include Dr, Jummai Tutuwa/DG FIIRO, Barr, (Mrs) Oju Thomas Y.U /Director of Legal, Mr Bassey M.E.J/DCT/SA/HMSTI, Mrs Aileru Abosede Jumoke /HRM, Mrs Anyakwo H.N /Director for Special Duties, Engr (Dr) Patrick O/TA /OPS Perm Sec, Engr lbiam Oguejiofo/ SA/HMSSTI,Prof Azikiwe Onwughalu/ VC President, Africa University of Science and
Muhammed Ndakolo, Director, PRPA, Ministry of Science, Technology and Innovation, the Director of the Department supervising NACETEM in the Ministry
It was gathered that the parallel Committee set up by Ikoh is feigning ignorance of the court case despite the wide coverage in the national dailies. To worsen the matter, the Legal Officer of the Ministry of Science, Technology and Innovation who should understand the Rule of Law is part of the Committee set up by the Minister.
Olamiji maintained that government is continuum and Ikoh ought to have allowed due process to be followed to the latter, through a committee on ground which had already advertised the DG position and started receiving applications from interested candidates, instead of his nullifying their process and putting up a parallel one.
The public interest lawyer, stated that the case instituted against the Minister Of State For Science And Technology, Mr Henry Ikechukwu Ikoh before Justice N. Ayo- Emmanuel, had ordered Ikoh and other defendants whose offices are in Abuja be served court notices and for them to show course and explain to the court why it should not grant the reliefs sought by the plaintiff.
Martins, opined that, “the matter which is a public interest litigation on National Centre For Technology Management NACETEM, shows that there was a vacancy in NACETEM on the post of the Director General position and this vacancy opened under the tenure of Ogbonnaya Onu, the former Minister of Science and Technology.
That ‘’the process to appointing a new Director General had kick-started, guided by the law covering the agency, which stipulates that no one has the power to appoint NACETEM official workers, except through due process by the NACETEM Governing Board, which will notify the Minister after completion of the process.
He added that the role of the Minister as the supervising body is to supervise and receive the recommendation when the Governing Board has concluded its recruiting exercises.
Olamiji posited that Ikohs' action of sidelining due process and refusing court summon, not making appearance or having representation, going ahead to form a parallel committee is a sign of disrespecting the judiciary and liable for contempt.
He restated to the journalists that Nigeria is ruled and guided by law which is applicable to every Nigerian citizen. Stressed that the contention before the Federal High court is whether the Minister of State for Science, Technology and Innovation has the power to nullify or set aside the procedures that were started by his predecessor.
He stressed that there is already a committee in ground, which had placed advertisement on the ministry’s notice board and some other agencies, on the authority of the minister and people already applied for it, only for the new Minister of State Mr Henry Ikechukwu Ikoh, who was appointed in July 2022 to write the board of NACETEM that the process has started again because of his personal interest of imposing his candidate.
It can be recalled that Olamiji juxtaposed that “The law is trite that the government is continuum. It’s not for a minister to come and void his predecessors action done with due process, whatever the previous Minister did should be continued. If the person doesn’t have any hidden agenda, I don’t know why interested candidates should be recalled, the Minister already has his representatives on the Governing Board to monitor anything that has to do with the recruitment exercise. The minister has an eye on the recruitment committee and advertisement placed to that effect, and interested candidates have already applied, only for the new Minister, by a letter he wrote in January 2023, to discredit what has been done by the previous administration.
“That is why we approached the court to say whether a government is not a continuum, whether the act done by the former Minister, Ogbonnaya Onu as regards the replacement, appointment and recruitment of the substantive Director General for NACETEM can be jettisoned or nullified by a succeeding Minister, such as the Minister of State for that matter. It must be noted that Ikohs’ act about NACETEM is a slap on the face of the law and flagrant disobedience of the constitution. The minister has come to make a mockery of the law and the court should stop him,” he stated.
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