CONTROVERSY OVER NEW FIRS CHAIRMAN

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Ministry
Shortlists Six Candidates, Drops Incumbent Boss; North Kicks
CONTRARY to the conventional
practice, the Ministry of Finance may, Sunday, conduct a final interview for
six shortlisted candidates vying for the chairmanship of the Federal Inland
Revenue Service (FIRS).
This is the first time such
interview and selection process will be adopted for the FIRS or related
appointment in Federal parastatals and MDAs.
The outcome of Sunday’s exercise
is expected to help the Ministry zero in on just one of the candidates.

Incidentally, the FIRS is one of
the few MDAs that expressly preclude such process of appointment in the
enabling law — the Federal Inland Revenue Act, 2007, in FIRS case —, thus
raising fresh controversy on the legitimacy of the process.
But Max Ogar, a constitutional
lawyer with special interest in public interest litigation, Saturday, said the
move could set a dangerous precedent, as it was the exclusive function of the
President to make such appointments.
Anchoring his argument on the law
{Section 3(2)(a)} — Federal Inland Revenue Act, 2007 — that vests the President
with the Authority to appoint any person of his choice into the office,
therefore, Ogar urged President Jonathan not to set “a bad precedent,”
subjecting the FIRS chairmanship position to undue political maneuverings
through such “tests” as planned by the Finance Ministry.
“If we allow the ongoing joke to
go, then, we shall get to a point where Nigerians will insist on the President
declaring vacant Ministerial positions — the National Security Adviser, the
Chief of Staff (COS), among others — and subjecting the selection process to
screening/interview; may that day never come.
“Specific to the FIRS job, it is
the President’s exclusive right, subject only to Senate confirmation.  I
expect the President to take absolute charge of the process by looking at
whoever he feels can deliver. Nobody needs to screen/interview anyone for Mr.
President,” he said.
Ogar’s grouse against the ongoing
process of screening/interviewing candidates for the position is not an
isolated case.  He had instituted a suit against the National Assembly
urging it to declare then Vice President Jonathan as Acting President. He also
instituted a suit against Governor Liyel Imoke and INEC on the issue of tenure
of office and challenged the long stay of the immediate past Chair of the FIRS
in office, as well as the e-coding agenda of the Directorate of Road Traffic
Services.
In a screening exercise, which
dropped the incumbent acting Chairman, Kabir Mashi, from the list, the Ministry
had cut down the number, from a little above 30, to six candidates, an action
that has sparked hushed complaints and bickering in the race for the top FIRS
job. The six candidates represented two geopolitical zones, the South-South and
the South East, thus having the potential to pitch the North against the
Finance Ministry.
In the backdrop of the process
being adopted to fill the vacancy at the FIRS, the North, as a single bloc, is
insisting on either retaining the incumbent or replacing him with another
Northerner.
But Finance Ministry source said
Mashi is not qualified for the post, going by the Ministry’s requirements;
hence, he was not shortlisted for Sunday’s interview.
It was gathered that, led by a
powerful governor from the region, South South is also laying claim to the
position, which had been zoned to it, in view of the fact that former FIRS
boss, Ifueko Omoigui-Okauru, is from the South South.
But, having thrown the position
open, other regions have pressed to have it, hence the South East lobby group,
which claims that the zone has been marginalised in existing key federal
appointments.
A former Managing Director of a
bank, who is also a serving chairman of another bank, is a top contender from
the South East.
The Finance Ministry could not
confirm or comment on the process at the weekend, as its spokesman, Paul
Nwabuikwu, could not be reached for comment. Several calls put to his phone
rang out. In the same vein, a text message sent to his mobile phone yesterday
requesting confirmation of today’s scheduled interview was not acknowledged as
at the time of going to press.
The myriad of interests jostling
for the position and the controversy surrounding the process of selection are
hinged on alleged undue influence of the former Executive Chairman of FIRS,
Mrs. Omoigui-Okauru, who is said to have already anointed one of the
candidates.
Another major area of concern was
the seeming irregular procedure being adopted for the appointment, contrary to
the stipulated norms for all MDAs, including the FIRS.  Although this
measure has been canvassed in some quarters, vested interests insist that the
motive behind the interview could go beyond the “mantra of transparency or
using a reputable firm of management consultants like Philips Consulting.” 
Some of them accused the Ministry of already anointing a candidate for the job
to meet the aspirations of certain global organisations and agencies.
A source at the Federal Civil
Service, responsible for executive federal appointments, said, since the
Finance Ministry is not the only one that has MDAs under its supervision, it
could, by its action, be setting a precedent, albeit a dangerous one, to openly
hijack the appointment of heads of MDAs, a constitutional responsibility of Mr.
President, and in some cases (like the FIRS and the CBN), subject to
confirmation by the Senate.
The source added that “if the
Ministry is allowed to complete the process, then, there would be no reason
other ministers would not do the same for all other MDAs.  By extension,
the Minister for Police Affair could organise interviews for appointment to the
post of Inspector General of Police, while Minister of Defence would do the
same for Service Chiefs. So, simply put, the President’s executive powers would
have been eroded substantially.”
Nigeria currently has about 260
federal MDAs periodically requiring appointment of boards and chief executives
by the President.
About 50 MDA executive vacancies,
including board positions, have, in the lat two years, been filled through presidential
appointments without ministerial interviews. They include NNPC, NIMASA, NPA,
INEC, NPC, among others.
Similarly, the appointment of a
CBN Governor has always been filled without staged interviews, the same for
FIRS executive chairmanship positions that have always been filled by
presidential appointment with Senate confirmation, the reason such a seemingly
transparent move is drawing the ire of major stakeholders.
Those uncomfortable with the
current process, at the weekend, described it as a smart move by the Ministry
of Finance to usurp presidential powers, which other ministers are waiting to
capitalise on by merely citing the citing the FIRS’ case as an established
precedence.
Source: Guardian

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