The immediate past Chairman of the House of Representatives Committee on Public Accounts, Hon. Oluwole Oke, has petitioned President Bola Tinubu over constitutional infractions on the appointment of a substantive Auditor General for the Federation (AuGF).
In a petition to the President dated 31st May, 2023 with reference HR/ PAC/SC05/9NASS/66/206, Oke said the Head of Service, Mrs. Folashde Esan has also contravened the provisions of the Constitution which states that no one should should occupy an office in acting capacity for more than six months.
He also accused Esan of ignoring the provisions of the civil service rules by appointing Junior Director to oversee the office of the Auditor General for the Federation.
Oke said: “The position of the Auditor-General for the Federation became vacant on 7th September 2022 after the retirement of the then substantive Auditor-General for the Federation, Mr Aghughu Adolphus.
“Contrary to the custom within the Public Service, which is that the most senior Official is required to assume the role of the Head of the institution in acting capacity, the number three Director (Mr Andrew Onwudili) with less than two years to serve was imposed on the Office and designated as the “Director Overseeing the Office” by the Head of the Civil Service of the Federation.’
The lawmaker noted that this practically upturned the Seniority Nominal roll of the Office and created severe animosity and apathy within the Office.
The lawmaker noted that as stated above, the custom of seniority within the Public Service is codified in the Public Service Rule – 020106 which states as follows – “seniority shall be determined in any department by reference to the date of assumption of duty/date of last appointment.”
Oke stressed that Section 86(3) of the Constitution requires that a public official heading a position can act only for six months and another person can be appointed in acting capacity.
He added: “However, the Director Overseeing the Office has acted beyond the required 6 months, which is a gross violation of the Constitution.
“The implication of this is that actions taken by him are both illegal and unconstitutional. In addition, the Annual Audit Report “for various Ministries, Departments and Agencies (MDAs) which are due fo “submission to the National Assembly has not been signed and cannot be laid before the National Assembly.”.
The lawmaker insisted that the Director overseeing the office lacks the constitutional capacity to sign these reports; hence, it has created a backlog,’ which is affecting the performance of Committees within the National Assembly.
He said based on his personal inquiry and review of the situation, he noticed that one Mrs Oluseyi Ogundowo is the most Senior Director within the office and should have assumed the role of Acting Auditor General.
Oke stated: “However, the Public Service Rule was ignored and Mr Andréw Onwudili, a junior Director, was appointed for perceived parochial considerations.
“Desperate steps were equally taken to ensure that he was appointed in substantive capacity béfore the end of the last administration.”
He pointed that the interventions of the Public Accounts Committees of the two chambers of the National Assembly and the petition of the Association of Retired Staff of Office of the Auditor General for the Federation halted the moves by the Head of Service and the Chairman, Federal Civil Service Commission to install the Director Overseeing the Office as the Substantive Auditor General for the Federation.
In view of the foregoing and in order to preserve the sanctity of and the amity within the Office of the Auditor General for the Federation, the lawmaker, therefore, urged the President to recognise the provisions of the Public Service Rules recognising seniority of Directors should be adopted in appointing a Substantive Auditor General for the Federation.