Sixteen days after the immediate past Auditor-General for the Federation (AuGF), Mr. Adolphus Aghughu retired, President Muhammed Buhari has not named an acting AuGF as required by the Nigerian Constitution.
Mr. Aghughu retired on the 7th of September, 2022. The law under Section 86 (2 and 3) of the 1999 Constitution as amended states that the president ought to have appointed one of the three most senior directors in acting capacity.
There is a seeming leadership confusion at the Supreme Audit Institution (SAI) as the current acting Auditor-General, was appointed by the Federal Civil Service Commission (FCSC) without an empowering legal instrument, in line with Section 86 (1-2) of the Constitution, analysts say.
Based on the Constitution, the FCSC should have forwarded the names of the three most senior directors to the president for consideration and appointment into acting capacity pending the appointment of a substantive AuGF and not make the appointment itself.
Daily Trust found that the top three directors are; Mr. Andrew O. Onwudili (Delta State), Mr. Gabriel S. Gbayan (Benue State), and Mr. Ogundowo O. A (Ondo State).
However, as the confusion rages, FCSC has appointed two acting Auditor-General in less than 24 hours based on documents seen by our correspondent.
The first appointment came via a correspondence Ref. No. FCSC/PS/31/VOL 11/283 dated 6th September 2022 and signed by Dr. Mary A. Ogbe, the Permanent Secretary of PSC on behalf of the Chairman of the FCSC. The circular directed the outgone Auditor-General to hand over to Mr. Julius Michael Isiuku, not among the top three directors. The appointment was resisted by the staff of the Office and the following day via another letter dated 7th September 2022, and again signed by Dr. Ogbe, FCSC named Onwudili, the most senior director, in acting capacity.
Although he is the most senior director, he wasn’t appointed by the President as required by law, hence some staff of the SAI have raised issues around the legality of his actions in office.
According to a worker in the office: “Usurping the power of the president to appoint persons to act in this office is not to be condoned as the Permanent Secretary’s letter portrays.”