Date: 2012-05-28

Sacked acting executive chairman of the Federal Character Commission, Alhaji Muhammadu Ari Gwaska and the reinstated chairman, Prof. Shaibu Abdulraheem Oba traded accusations on Thursday when they appeared before the Senate, in confirmation of reports of the disaffection that the chairmanship crisis has been generating in the agency.

President Goodluck Jonathan had requested for Senate's approval to remove Gwaska, but it was not granted, as the legislators resolved to make their findings before taking a decision.

In a dramatic turn of events, Oba and Gwaska, appearing before the Senate Committee on Federal Character and Inter-Governmental Affairs, engaged in hot spat, giving unpleasant details of the leadership tussle in the commission.

While Gwaska described the process of Oba's reappointment as unconstitutional, Oba insisted that he was reinstated and not reappointed.

President Goodluck Jonathan had last Tuesday sought the approval of the Senate to remove Gwaska as Commissioner of FCC citing "gross misconduct" as well as "consistently refusing to respect lawful directives, absenting himself from duty without authorisation and unlawfully retaining two official cars and strategic official files of the Commission in his private custody."

The Senate, after seeking an accompanying disciplinary report, opted to investigate the request for his removal.

But defending the allegations, Gwaska told the committee that most Nigerians are interested in the matter, to find out how the illegality committed in the reappointment of Oba without Senate confirmation would be resolved. He argued that his removal did not follow due process, adding that the reappointment of Oba to head the commission, after he had resigned from the office, is a breach of the constitution.

Gwaska denied being in possession of vehicles and documents of the commission, adding that the allegation of absenteeism levelled against him was due to his refusal to return to the national office of FCC, sensing confrontation by the reappointed chairman of the commission, Prof Shuaibu Oba, who had barged into his office while he was away and sacked his staff. He maintained that he had been active in his office in Nasarrawa State, which is his main office for operation.

"I never received a query, from anybody apart from praises. Nobody called me to any disciplinary committee," he said. "Oba came when I was away on official duty; he forced himself in and directed all my staff to move out. This is a direct confrontation. If I had moved in. there would have been a showdown."

On Oba's reappointment, Gwaska said, "I do not believe it was constitutional. The constitution is clear that his name should have been forwarded to the Senate for confirmation. If the president dissolves his cabinet and retains some ministers, he still has to forward the names of the retained ones for confirmation."

He defended other accusations, saying, "I did not go to Lafia with the cars. They were in my house in Abuja. I handed over the cars last December. I was never in possession of confidential files."

The committee questioned him for not following due process in submitting the vehicles and files in his possession to the commission. Gwaska also said that although Oba's letter of resignation was dated 13th December 2011, he continued to spend money up to January 2012."

On his part, Oba confirmed that he had resigned to contest his state's governorship election but since the PDP leadership decided to zone the office of governor without party primaries, he did not contest and so had the leverage to seek reinstatement.

Oba accused Gwaska of exceeding the mandatory six months allowed for any chairman on acting capacity, adding that the then secretary of the commission, Mr. Durosimi Eti reported the development to the secretary to the government of the federation.

Oba said he had not set his eyes on Gwaska since resuming office, and denied claims that he forced his way into the office. He maintained that he was "reinstated" and not "reappointed" as alleged by Gwaska.

Oba stated that after three months of Gwaska's absence, he was forced to write the president over the matter. He insisted that only a court of law could determine the legality or otherwise of his reinstatement.

He also said that Gwaska was not served a query being a commissioner, as commissioners are not subjected to the same rules guiding civil service. He disclosed that it was only after the presidency wrote to suspend Gwaska that his official cars and files were retrieved from him.