News

August 5, 2015

It’s unconstitutional to appoint retiree of DSS, DG – Group

By Innocent Anaba

A civil rights organisation, International Society for Civil Liberties and the Rule of Law, Intersociety, has insisted that it was wrong for President Muhammadu Buhari to have recalled a retired Director of the Department of State Service, DSS, Mr. Lawal Daura to head the organisation.

Intersociety in a statement, Wednesday, by its Chairman, Mr. Emeka Umeagbalasi, said: “On August 3, 2015, we condemned the blundered presidential appointment of retired Senior Agent (director) Daura of Daura-Katsina State origin as the “acting” Director General of DSS.

“We also called on the appointing authority, Buhari and his ruling party-All Progressives Congress, APC, to present publicly, relevant constitutional or statutory provisions, which empower the President to appoint a retired director of DSS as Director General of the same DSS that he served and retired from.

“When the defense of the indefensible failed to hold water, its prompters and promoters shamefully resorted to advising those condemning and opposing the constitutionally prodigal appointment “to go to court.

“It is a forbidden culture in the armed forces of Nigeria; likewise elsewhere for out-of-service or retired officers to function officially as in-service/out-service or serving officers. They can only function as “consultants.

”The rare exception is where there is a successful military coup. Members of the Nigerian Armed Forces, including the DSS, are generally governed by the public service rules of the federation of Nigeria, with respect to recruitment, transfer or posting, promotion, demotion and retirement.

“By the express provisions of the 1999 Constitution, Daura’s appointment as “acting Director General of DSS” is constitutionally prodigal. The 1999 Constitution has since his appointment, been shading tears, following usurpation of her spirit and letters by President Buhari and the prodigal imposition of a wrongful citizen on her envious position of the DGship of the DSS.”

“From Alhaji Daura’s indisputable profile above, he served and retired as “a director” of the DSS in August 2013 having attained mandatory retirement age of 60 years, and having been born on August 3, 1953. Therefore, bringing him back from statutory retirement and making him “acting Director General” of DSS, is coupist and unconstitutional.