Mr. Sani-Omolori has been confirmed as the Clerk to the National Assembly by the National Assembly Service Commission (NASC). His appointment however did not come without controversy. Prior to his confirmation as the Clerk to the National Assembly (CNA), the Senate President, Dr Bukola Saraki who is also the Chairman of the National Assembly through his Chief of Staff, Isa Galaud wrote a letter to the Chairman of the National Assembly Service Commission, Dr. Adamu Fika on April 21st, 2016 requesting a withdrawal of the letter appointing Sani Omolori as Acting Clerk to the National Assembly.
The Senate President was of the opinion that due process and seniority should have been adhered to by appointing Mr. Ben Efeturi as the Clerk to the National Assembly since he deputized for Salisu Maikasuwa, the erstwhile Clerk to the National Assembly who proceeded on pre-retirement leave in May, 2016.
In response to the Senate President’s letter, Chairman of the National Assembly Service Commission, Dr. Adamu Fika stated that the appointment of Mr. Omolori was because Mr. Efeturi had less than six (6) months to retire from service and would proceed on pre-retirement leave in August, 2016. In line with keeping the convention and practice of the National Assembly, Dr. Fika explained that an officer who has less than six (6) months to retire from service could not act in a higher office[i]. Consequently, Mr. Omolori who was the next most senior officer in the services of the National Assembly was appointed considering that he will remain in service till 2021.
Dr. Fika elucidated further that in the Nigeria Public Service, seniority was determined at the time of consideration for promotion and career progression chart leading to it and that seniority was never decided by the date of appointment to the service nor date of retirement from service or the number of years spent in the service. During the 440th meeting of National Assembly Service Commission, held on April 20th, 2016, Dr Fika stated that only 1 of 12 Commissioners was opposed to Mr. Omolori’s appointment as the Acting Clerk. He concluded by stating that the Commission properly evaluated both Messrs. Omolori and Efeturi taking into account their service records as a determining factor before appointing Mr. Omolori as Acting Clerk to the National Assembly.[ii]
In response to Dr. Fika’s letter to the Senate President, seven (7) Commissioners wrote a letter disassociating themselves from the appointment of Mr. Omolori as the Acting Clerk to the National Assembly and affirming Ben Efeturi as the right person to assume that office based on seniority. The 7 commissioners also passed a vote of no confidence on Dr. Fika stating that his action in appointing Mr. Omolori was unilateral and against the Commission’s norm of adopting the minutes of the previous meeting. With reference to the meeting held at the Commission on April 20, 2016, the Commissioners said that upon presentation of the memo for appointment of an Acting Clerk, 5 Commissioners opposed it, 5 others abstained from voting with only 1 person supporting the appointment of Mr. Omolori.
Following the Senate President’s directive to withdraw Mr. Omolori’s appointment many questioned whether the power to appoint the Clerk of the National Assembly is subject to ratification by the Senate President? Critics have reasoned that the attempt by the Senate President to get involved in the activities of appointing the Clerk of the National Assembly may be in violation of section 6(1) of the National Assembly Service Commission Act 2014 which confers on the National Assembly Service Commission the function of appointing persons to the office of the Clerk to the National Assembly. This function of appointment to certain offices as observed, is not subject to ratification by any authority whatsoever and certainly not the Senate President or Speaker of the House of Representatives.
Furthermore section 6(8) of the Act explicitly states this fact
6(8) in exercising its powers to make appointments or exercise disciplinary control over persons, the Commission shall not be subject to the direction or control of any authority or person.
Following the claims and counter claims by the Chairman and his Commissioners some have wondered how the proceedings and the voting patterns were carried out which produced Mr. Omolori as the Acting Clerk. For instance how did the Commissioners vote? Did they vote electronically, by voice vote or a show of hands? What is the majority of Commissioners that must vote for decisions to be taken?
The National Assembly Service Act 2014 however gives no clue to this as it is silent on the procedure and number of Commissioners needed to constitute a majority vote.
Now that the dust following Sani Omolori’s appointment as Clerk has settled, it is expected that he concentrates and carries out his administrative duties in the best interest of the National Assembly. His appointment takes effect from August 15, 2016 after he was named Acting Clerk to the National Assembly on April 20th, 2016.
[i] http://bioreports.net/nassembly-new-clerk-saga-why-sani-omolori-was-appointed-ahead-of-efeturi/
[ii] http://www.thenigerianvoice.com/news/214880/nass-commission-rebuffs-saraki-insists-on-sani-omolori-as-a.html