Wevole Ezin, Calabar
The Cross River State Auditor General Mr John Odey and his Local Government counterpart, Mrs Franka Inok have said that the State Governor, Senator Bassey Otu has no power to force them to retire from service.
They both stated this on Tuesday in a letter addressed to the Chairman Civil Service Commission, Mr Oko Inaku stating that they will remain in service until their formal retirement age of sixty years or mandatory thirty five years from service.
This was sequel to the compulsory retirement letters by the the governor through the Chairman, Civil Service Commission, issued to the two Auditor Generals on Monday directing that they vacate office.
In the letter titled: “Re – Notice to vacate Office”, with reference number CRS/AGLG/81/Vol 11/565 the officials stated thus: “We wish to bring to your notice sections 127 of the 1999 Constitution and Section 42 of the Cross River State Audit Law number 2021 as amended regarding the removal from office of the Auditor General”
Speaking on the legal position of the two officials, a legal practitioner, Mr. Eteng Okposin revealed that Article 11 of the Nigerian Constitution states that the Executive Governor of a state has the power to hire and fire officials depending on his disposition of their service if unsatisfied.
“The governor of a state is charged with the execution of state laws alongside the responsibility of state executive officers, regulatory and judicial officers subject to the approval of the House of Assembly and can sack, dismiss, terminate the appointment of any official without consulting the State House of Assembly except those democratically elected”
Okposin said the person in question may seek redress from the court if necessary.
A staff of the Civil Service Commission Bright Ogbolo stated that in 2015, “the former governor of the state, Senator Ben Ayade dissolved all the boards, agencies and commissions including statutory ones “and when the Judicial Service Commission instituted a matter in Court against the governor the matter was thrown out”
However, Odey and Inok have both dared the governor’s directives as they still report for duties in their offices.