An Abuja based constitutional lawyer, Emmanuel Anyaegbunam (Esq.), has come hard on the National Assembly Service Commission (NASC), for breaching its own establishment Act.
Anyaegbunam made the observation in a press statement made available to National Assembly reporters on Friday.
The legal practitioner particularly picketed the query sent to Clerk to the National Assembly, Mr. Mohammad Sani-Omolori on Thursday, for questioning his compulsory retirement.
The Commission had Wednesday, issued a notice, declaring the sack of Mr. Sani-Omolori and 149 other management staff.
But Anyaegbunam said the Commission acted ultra vires of the Act establishing it, both in the sack of the affected officers and the subsequent query issued to Mr. Sani-Omolori.
According to the lawyer, in the NASS Act 2014, the Commission based the query on Sections 6 (1b) and (2b) which provides that ‘the Commission shall appoint persons to hold or act in the offices of the Clerk to the National Assembly and others; and to dismiss and exercise disciplinary control over persons holding or acting in such offices’.
“However, in the process, the Commission breached Section 10 of same Act by usurping the authority of the two chambers of the National Assembly.
“For purposes of clarifications, Section 10 of the Act stipulates that ‘A person holding the office of the Clerk to the National Assembly shall only be removed by the Commission acting on an address supported by a simple majority of each House of the National Assembly praying that he be removed for inability to discharge his functions due to infirmity of mind, body, any other cause or for misconduct’.
“However, this query was issued in total disregard to this provision of the Act, without involving the two chambers”, the lawyer said.
He stressed that the action of the NASC tends to retain the old conditions of service in defiance of the revision of same by the 8th National Assembly.