A review of the Federal Competition and Consumer Protection Commission (FCCPC) Act has shown that President Bola Tinubu may have breached the law in his decision to unilaterally remove the agency’s Executive Vice Chairman, Babatunde Irukera.
According to the Act, the president cannot unilaterally sack the FCCPC head without resorting to the Senate. The president’s powers under the relevant section must be subject to the approval of the upper chamber. Once a good case is established against any commissioner or the head of the organisation, the exercise of the powers of the president under the relevant section must be subject to the approval of the upper chamber.
In a statement by the presidential spokesperson, Ajuri Ngelale, Tinubu announced what he termed the “immediate dismissal” of the chief executive officer of the federal government agency. He said it was in conformity with plans to restructure and reposition critical government agencies towards protecting the rights of Nigerian consumers. However, there is no evidence that the president requested the Senate’s nod before sacking the erstwhile FCCPC boss.
According to renowned senior lawyer and human rights activist Femi Falana, cited by ThisDay newspaper, rather than being sacked, Irukera, who had reorganised FCCPC, should be sent a letter of commendation for turning around the agency. Falana also argued that the use of ‘dismissal’ to describe Irukera’s removal was libellous.
The FCCPC Act, 2018, setting up the agency, states that once a good case is established against any commissioner or the head of the organisation, the exercise of the powers of the president under the relevant section must be subject to the approval of the upper chamber. The law also states that the president cannot unilaterally sack the FCCPC head without resorting to the Senate.
