CALABAR, Nigeria – John Odey, the former auditor general of Cross River State, and his local government counterpart, Mrs Franka Inok, are standing up to Governor Bassey Otu.
The pair on Tuesday, June 6, 2023, insist that the governor does not possess the authority to compel them into retirement and have, therefore, defied his directive.
Despite the governor’s command, both officials continue to carry out their duties and report to their respective offices.
They have written to Mr Oko Inaku, the Cross River State Civil Service Commission chairman, who transmitted the governor’s directive to them.
In their letter, titled “Re: Notice to Vacate Office,” they maintained that their services should last until they reach the formal retirement age of 65, or have completed 35 years of service, as stipulated by civil service regulations.
The duo cited Section 127 of the 1999 Constitution and Section 42 of the Cross River State Audit Law Number 2021, as amended, which concern the removal from office of the Auditor General.
They question the governor’s directive for them to vacate their offices before reaching the mandated years of service or age.
However, Eteng Okposin, a lawyer, contends that Article 11 of the Nigerian Constitution grants executive power to state governors to appoint and dismiss officials.
“The governor of a state is charged with the execution of state laws alongside the responsibility of state executive officers, regulatory officers, and judicial officers subject to the approval of the House of Assembly and can sack, dismiss, or terminate the appointment of any official without consulting the State House of Assembly except those democratically elected,” Okposin says.
Okposin advises the defiant officials to adhere to the governor’s directives and take their grievances to court instead.
