President Muhammadu Buhari led federal government has chosen to flout a valid court order by recalling Mrs. Folashade Kolawole, a retired civil servant, as Director and Acting Secretary of the Code of Conduct Bureau (CCB).
It will be noted that a court order had stopped her reinstatement.
Kolawole was recalled on Friday to the CCB through a letter of reinstatement signed by the Acting Secretary to the Government of the Federation (SGF), Habiba Lawal.
In the letter, Lawal directed Kolawole to take over the affairs of the bureau with immediate effect.
According to reports, Mrs Kolawole was accompanied by a large retinue of gun-wielding security operatives of the Nigerian police and Department of State Service (DSS).
On resumption, the Acting Secretary of the Bureau, Agom Tor Ngusha, was said to have been summoned by Kolawole into her office and ordered to hand over the affairs of the bureau.
According to a worker, who pleaded anonymity, a number of secret service operatives had besieged the office for days prior to her arrival.
“Today (Friday), we just saw armed policemen with guns and tear gas at the office premises.
“The staff cannot work because the office environment is not conducive for anybody to work in, with the presence of the security men everywhere,” the source stated.
Kolawole’s return to the CCB, it was gathered, was by the Divisional Police Officer (DPO) of Federal Secretariat and the FCT command of DSS in Asokoro, who are believed to have taken briefs from superior authorities.
“What surprised workers, however, was the Gestapo manner they intimidated the acting secretary to hand over power to their preferred candidate, and despite the order of the court,” the source said.
The staff of CCB had a few months ago embarked on a protest to express their displeasure over plans to reinstate her.
A letter dated October 17, 2017 and signed by the Acting Secretary to the Government of the Federation (SGF), Dr. (Mrs) Habiba M. Lawal, directed the acting secretary to handover to Kolawole with immediate effect and stop parading himself as acting secretary.
The letter was entitled ‘Re: Petition Against My Unjust Suspension From Office.’
It reads: “I write with respect to the above subject matter to inform you that the office of the Secretary to the Government of Federation, after reviewing the petitioner’s petition vis-a-vis the reply from CCB, is of the view that her suspension is in violation of the Public Service Rule and, as such, this office in its capacity as the supervisory organ of government for the CCB, and in the absence of CCB board, hereby recalls Mrs. Folashade Kolawole to her position as Director and Acting Secretary CCB with immediate effect.
“In this regard, you are to be guided by provisions of paragraph 3 of Circular Ref: No.SGF .19/S./81/X1X/964 (copy attached).
“I should also express government’s displeasure at your attitude towards her and your refusal to comply with the earlier directive that came from this office with respect to this subject matter, even after you were summoned.
“Following the recall of Mrs. Kolawole, you are accordingly directed to stop parading yourself as the acting secretary and hand over to her with immediate effect. Thank you.”
But the recall of Kolawole may have violated a valid order of the court.
The National Industrial Court in suit No: NICN /ABJ/260/2017 restrained the Federal Government from reinstating her.
The court explicitly stated that both applicants and defendants should not engage in or indulge in any action or inaction overtly or covertly that may lead to a breach of the peace and breakdown of law and order pending the determination of the motion on notice.
Folashade Kolawole voluntarily tendered her resignation letter and retired from the service following her suspension by the board for mobilising directors to boycott the implementation of Standard Operation Procedure (SOP) of the bureau which was signed by the president and gazetted.
According to another source within the organisation, “Her response to the query was not satisfactory and she was suspended as acting secretary.
“Instead of her to return to Federal Public Service, which is her original department, she decided to resign.”
As at the time of filing in this report, the Chairman of the Association of Senior Civil Servants of Nigeria (ASCSN), Isaac Onoja, and Chairman Joint Negotiation Council (JNC), Stephen Ada, had been arrested by operatives of the State Security Service and were taken to the FCT command of the service.
They were arrested following a letter dated October 23, 2017 and signed by one Isaac Ojemhenke, on behalf of the association, advising Secretary to the Government of the Federation to withdraw the letter purportedly issued to Kolawole directing her to resume duty at the bureau pending the conclusion of the matter in court.
Code of Conduct Bureau is the only anti-graft body in the constitution with its operational guidelines and powers expressly stipulated in Part 1 of the Third Schedule, and Part 1 of the Fifth Schedule, and section 157 & 158 of the 1999 constitution of the Federal Republic of Nigeria, as amended.
The board of the bureau is empowered to appoint, promote and discipline its staff without recourse to any authority.
The bureau has been left without a board following the dissolution of the former board.
It was gathered that the names of the new board members had been forwarded to the Senate for confirmation.