A constitutional lawyer and principal partner, Mackay Chambers and Associates, Daniel D. Makolo, has been remanded in prison for allegedly petitioning the Minister of Interior, Ogbeni Rauf Aregbesola, faulting the tenure extension granted to one of the Nigerian Immigration top shots.
TheNigerianLawyer (TNL) learnt that the Makolo, a former NIS officer, was arrested on Monday at the Garki police station where he had gone to represent a client and was severally moved from the SARS cell in Guzape, to Garki police cell, then to Asokoro police cell and to Nyanya police cell.
Finally, an ex parte order was obtained from an Abuja Magistrates court to remand him in police cell for two weeks.
Makolo, who is pursuing his Ph.D in law, is allegedly suffering from high blood pressure and his life may be in danger if nothing urgent is done to save him from his tormentors.
It was also learnt that Makolo said that he was brutalized by the criminals he shared the cells with.
TNL recalls that Makolo had asked the Minister of Interior and Chairman, Civil Defence, Fire, Immigration and Prisons Services Board (CDFIPB), Ogbeni Rauf Aregbesola, not to compromise his office by extending the tenure of office of the Comptroller General of Immigration Service (CGIS), Muhammed Babandede, whose statutory tenure came to an end recently.
Makolo, in a 17-paragrapgh letter dated June 25, 2020, said the CDFIPB has no legal powers under the laws of Nigeria to recommend or extend the statutory tenure of any public servant in the same capacity, no matter and however industrious such officer may be.
According to him, “Babandede’s tenure as a public servant, employed by the Federal Government of Nigeria in 1985 to work as an Immigration Officer, has come to an end and his further stay in that office is arbitrary, immoral, wrongful and unlawful.”
He noted that the practice of extending the statutory tenure of office of any public officer is counter-productive, demoralizing and detrimental to the career progression of officers in public service, with dangerous consequences.
“Mr. Muhammed Babandede should and must proceed on his pre-retirement leave immediately like all other Nigerian civil servants employed at the same time, by the same organization, under the same condition of service like him as public servants in 1985.
“Whatever action taken in office after the 13th day of June 2020 by Mr. Muhammed Babandede is null and void; not even the deployment of his driver or any of his personal staff. Any like action is arbitrary, illegal, null and void in the eyes of our laws in Nigeria today,” Makolo argued.
He prayed the Minister to order Babandede to proceed on his pre-retirement leave forthwith and nullify any action taken by him after June 13, 2020.
“Honourable Minister Sir, your failure to abide by the constitutional provisions and the Public Service Rules of the Federal Republic of Nigeria as amended, regarding the continuous stay in office, especially of Mr. Muhammed Babandede, CGIS, will compel us to seek a legal interpretation of this illegality without further recourse to you.
“Honourable Minister Sir, your past antecedent speaks volumes about you. Herein, remember that, you are appointed as a Minister of the Federation of Nigeria with the responsibility to administer the business of the government of the Federation in the Ministry of Interior assigned to you by the democratically elected President of the Federation of Nigeria.
“Also remember that, you were given the supreme and binding law; the constitution, to guide you for the purposes of promoting the good government and welfare of all persons in our country without discrimination on the principles of Freedom, Equality and Justice and for the purpose of consolidating the unity of all authorities and persons throughout the Federal Republic of Nigeria,” the lawyer wrote.
Copies of the letter were also sent to the Director/ Secretary, Federal Ministry of Interior; Comptroller General of Nigeria Immigration Service; Head of Service of the Federation; Chairman, Federal Civil Service Commission; Mr. Mohammed Babandede and the National Security Adviser to President Muhammadu Buhari.