Lawyer asks court to sack NDLEA boss for overstay

AHMADU GIADE

An Abuja-based lawyer, Mr. Emmanuel Maji, has asked a Federal High Court in Abuja to compel President Goodluck Jonathan to sack the Chairman of the National Drug Law Enforcement Agency, Ahmadu Giade, on the grounds of overstaying in office.

The plaintiff argues that Giade’s continued stay in office for about nine years violates the usual tenure of past Chairmen and Director General/Secretary of the agency since its inception in 1989.

According to the plaintiff, the former Chairmen and Director General/Secretary, were appointed for a four-year term, and renewable only once.

Giade was said to have been appointed on November 25, 2005.

He therefore wants the court to declare that Giade’s continued stay in office beyond either November 24, 2009 or November 24, 2013 is unlawful, having been appointed on November 25, 2005.

The plaintiff notes that although the tenure of the NDLEA chairman was not clearly stated in the Constitution and the NDLEA Act, the President cannot deviate from the four-year tradition established since the agency was set up in 1989.

Through his suit, which was filed on July 10 and tagged, FHC/ABJ/CS/516/2014, the plaintiff wants the court to among others, direct President Jonathan to immediately replace Giade by appointing a new person.

He also prays for an order of perpetual injunction restraining Giade from “further parading and conducting himself as NDLEA Chairman forthwith; an order compelling him to vacate office having exhausted his tenure, and an order compelling him to refund all his earnings since November 24, 2013 when attained eight years in office”.

He equally wants the court to declare unlawful all duties or acts performed by Giade after November 24, 2013 when his tenure (if he was reappointed) ought to lapse.

The defendants in the suit are President Jonathan, Giade, the NDLEA, Secretary to the Government of the Federation, Attorney General of the Federation, Head of Federal Civil Service of the Federation, Chairman of Senate Committee on Drugs and Financial Crimes and Chairman, House Committee on Drugs and Financial Crimes.

In his supporting affidavit, the plaintiff averred that the renewal of Giade’s tenure was not publicly disclosed by the then ailing President Umar Yar’Adua or the Secretary to the Government of the Federation, whose duty it is to announce such appointment, when Giade’s tenure allegedly ended on November 24, 2009 or that .

He averred that the late President Yar’Adua was critically ill when Giade’s tenure ended in November 2009 but that it was not renewed before the former President died.

He added that President Jonathan also did not announce the renewal of Giade’s tenure on assumption of office.

Relying on decided cases and the “Doctrine of Consistency,” the plaintiff argued that since the President cannot secretly elongate Giade’s tenure, it would be unlawful for President to deviate from “an established and unshakeable standard or precedent” by allowing the NDLEA Chairman to exceed eight years in office.

The defendants are yet to respond to the suit.