“ANAJEXULE SB” Tees at der Ahmadu Bello Way, ee eens rod ele Wey 29 °CP 2a Kaduna, f duerice ADU | _ RECEIVED 2 september 2017 _ REBEIVED The Honorable Attorney General and Minister ‘of Justice, Federal Ministry of Justice, Shehu Shagari Road, Abuja. VIOLATION OF LAW AND DUE PROCESS IN THE RECENT APPOINTMEN’ iz OF OKAH AS THE DIRECTOR G] Natit NCY FOR (HE | JHIBITION OF [CKING IN SONS. TIP) The recent appointment of Barrister Julie Donli-Okah as the Director General, NAPTIP ‘wes done in error and in clear violstion of the provision of section 8 of the TIPPEA, the Agency's Act which state thus: “There shall be for the Agency, a Director General who shall be from the Directorate cadre in the Public Service of the Federation or its equivalent in any of the Law Enforcement Service and shall be appointed by the President on the recommendation of the Minister” To start with, the appointee is not by any standard qualify to be the Director-General going by the above unambiguous provision of the law which says “the Director General shall be from the Directorate cadre in the Public Service of the Federation or its cquivalent in any of the Law Enforcement Service” The word “SHALL” as it appears in the law means mandatory not discretionary.As at the time she was appointed, the appointee is not working in any Public Service of the Federation; neither the appointee was working in any Service of the State or Local Government. Another hurdle which the appointee had to cross in order to qualify as DG even if she ‘works in the Public Service of the Federation is to belong to the Directorate cadre/level of the service “or its equivalent in any Law Enforcement Service”, Therefore the non crossing of this hurdle disqualifies the appointee. From her resume, it’s manifestly clear that the appointee only had a stint (as a public servant) with “Securities and Exchange Commission (SEC) from July 2002 to October 2005 as a manager in the Secretariat and Legal Administrative Department.” The argument is, could the position of a manager be equated with the position of Directorate cadre-ship in the Public Service of the Federation? There is no any basis for comparison as the position of a manager in any organization is far below the position of a directorate cadre-ship- in the Public Service of the Federation. Managerial position in any organization is not more than grade level 12 in the Public Service, The period of only 3 years the appointee stayed or served as a public servant Le in Securities and Exchange Commission before resigning and joining “Private Practice legal Field and Co” in 2005 cannot by any stretch of imagination qualify the appointee for the NAPTIP top Job reserved only for the Public servants in the Public Service of the Federation or its equivalent in any of the Law Enforcement Service, neither could the Political appointment she held “as the Executive Assistant to the Bayelsa State Governor” qualify the appointee or justify her appointment as NAPTIP Boss. No doubt the various positions the appointee held could be challenging, but none of these Positions including the political appointment as “Executive Assistant” could be equated oF compared with the Directorate cadre in the Public Service of the Federation or its cquivalent in any of the Law Enforcement Service’” that could prepare and qualify her for the position of NAPTIP DG.NAPTIP is one of the Government Parastatal/Agencies whose appointment of its Chief Executive should not be politicized. The appointment of the CEO/DG is clearly guided by and provided for in the provisions of the law establishing the Agenoy. Moreover, the concluding part of the appointee’s resume says all about her non qualification for the position of NAPTIP DG. The resume clearly states that “she joined the firm of Bensosn Igbanoi & Co. where she currently practices...... The above quote from the appointees resume undisputedly shows that she was brought from the private practice to head the Agency contrary to the provisions of Trafficking in Persons Prohibition and Enforcement Act 2015. What a violation of law and due process! We therefore as concerned citizens with passion for respecting the rule of law and combating the menace of human trafficking in Nigeria call upon the appropriate authority concemed to do the needful in the interest of justice and fair play as well as in the interest of the Agency. We have an unshaken belief that respecting the rule of law and following due process is the hallmark of this administration, ‘ Aminu Umar 08036519749 CONVENER, CONCERNED CITIZENS FOR GOOD GOVERNANCE MEMBER, NOTHERN YOUTH ASSEMBLYCOPY TO: CHIEF OF STAFF TO THE PRESIDENT, SECRETARY TO THE GOVERNMENT OF THE FEDRATION, CHAIRMAN SENATE COMMITTEE ON JUDICAIRY, HUMAN RIGHTS & LEGAL MATTERExtraordinary Federal Republic of Nigeria Official Gazette No. 32 Lagos - 30th March, 2015 Vol. 102 Government Notice No, 32 The following is published as supplement to this Gazeute : det No. e Short Tide 4 Trafficking in Persons obit Enforcement and Administration Act, 2015 % Bs Page A93-145 Printed and Published by The Federal Government Printer, Lagos, Nigeria FGP 48/52013/1,200 ‘Annual Subseription from 1s1 January. 2015 is Loval : ¥25,000,00 Overseas : 2 N3T7,5 ‘48,500.00 [Second Class Air Mail, Present issue N1,500 per cop: Subscribers who ish se ‘anuary should apply to the Federal Government Printer, Lagos for amended Suber [Surface Mail} isin Gozetre after 1st_ Trafficking & Persons (Prohibition) Ey: sna aedministration Act, 2015 2015 No.4 (6) exter into any premises, property or os seepance for the purpose of conducting searches in furtherance of its under any other law ; {c) arrest, detain and prosecute offenders unde Jew on trafficking in persons in Nigeria \d) trace, seize, detain or retain the en: investigation and prosecution, of any props Feasonably believes to have been involved ix of offences under this Act or any other lan ¢ (©) seal up premises upon reasonable susp involved with or used in connection with oxteacee @) seek and receive information from = corporation or company without hindranc: of any of the provisions of this Act. 7—(1) The Board shall— (2) formulate and provide general policy gut of the functions of the Agency ; ) monitor and ensure the implementeticn of 1 Programmes of the Agency ; and (©) carry out such other functions as are Recessary or expedient to trie the efficient performance of the functions of the Agency under this Act, (2) The Board shall have power to— (@) approve rules and regulations relating to the appointment, Promotion and diseiplinary measures for the employees of he Agency ; () fix the remuneration, allowances and benefits of the employees of the Agency subject to the approval of the Salaries and Wages Commission ; and (©) regulate its proceedings and make standing orders with respect to the holding ofits meetings, notices to be given, the keeping of minutes ofits proceedings and such other matters as the Boas may, from time to time, determine h the Agency inthe commission such premises being ander this Act ; and Pstson, authority, ‘ect of the enforcement s for the discharge he policies and AIL Fanetions and Powers of the Bosra, ‘Appointment and tenure of