By Jonathan Ugbal
One week after being relieved of their duties by Gov. Bassey Otu, the two Auditors-General in Cross River State have continued working in defiance of the directives.
Two letters signed by the Chairman of the Civil Service Commission, Oko Inaku, dated June 2, 2023, and sighted by CrossRiverWatch show that Governor Otu directed the State Auditor-General, Comr. John Odey to proceed on immediate retirement, he sacked his counterpart in the Local Government Service, Mrs. Franka Inok.
But, findings reveal that the two officials are still reporting for duties in their offices, with DailyPost reporting that they wrote Mr. Inaku, insisting that their services last until their formal retirement age of 65, or when they should have put in 35 years, according to the civil service rules.
In a letter titled, “Re: Notice to Vacate Office,” with reference number CRS/AGLG/81/Vol 11/565, Mrs. Inok said she wishes to bring Inaku’s notice to “Section 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.”
What The Law Says
Section 127 of the 1999 Constitution of the Federal Republic of Nigeria, as altered reads; “(1) A person holding the office of Auditor-General under section 126 (1) of this Constitution shall be removed from office by the Governor of the State acting on an address supported by two-thirds majority of the House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
“(2) An Auditor-General shall not be removed from office before such retiring age as may be prescribed by Law, save in accordance with the provisions of this section. “
While the Constitution does not specify much, Law number 8 of 2021 of Cross River State; or, as per its long title – A revised Law to provide for the Administration of the Office of the State Auditor General and auditing of State institutions; Administration of the Office of the Auditor General for Local Governments, auditing of Local Government Councils; the establishment of the Audit Service Commission; to repeal certain obsolete provisions and to provide for matters connected therewith, has more details.
For the State Auditor-General, Section 10 reads; ‘A person holding the office of the State Auditor-General shall cease to hold office where he –
(a) is removed by the Governor acting on an address supported by a two-thirds majority of the State House of Assembly praying that he be so removed for inability to discharge the functions of his Office, (whether arising from infirmity of mind or body) or for misconduct provided that the State Auditor-General shall have been given at least twenty-one (21) days notice in writing to defend himself on the floor of the House;
“(b) resigns his appointment or voluntarily retires from the service of the State;
(c) is permanently incapacitated and unable to carry on with his functions effectively based on a report by a legally constituted Medical Board or dies while in office.
“(d) becomes bankrupt or makes a compromise with his creditors to reschedule his debts; or
(e) is convicted for a crime under the laws of Nigeria or any foreign country or under a treaty to which Nigeria is a signatory.”
The same applies to the Auditor-General for Local Government as contained in Section 42 of the Law. However, it doesn’t give the occupant 21 days to respond like the counterpart at the State level.
Retirement Age
Also, contrary to the report of DailyPost quoting Mrs. Inok as saying the retirement age is 65 years of age or 35 years of service, the law says it is 60 years of age and does not specify years of service Section 11 subsection 1 of the law reads; “The State Auditor-General shall remain in Office until he has attained the retirement age of sixty (60) years in accordance with Section 127(2) of the Constitution, except where he is removed from office under the provisions of section 10 of this Law.”
And for that of the Local Government, Section 42 subsection 1 reads; “The Auditor-General for Local Government shall remain in office until he has attained the retirement age of sixty (60) years in accordance with Section 127(2) of the Constitution, except where he is removed from office under the provisions of Section 10 of this Law.”
The law also stipulated that a person to be appointed Auditor-General shall not be more than 56 years of age at the time of appointment to the Office and shall retire on attaining the age of 60″.
I Authored Letters – Inaku
When reached, Mr. Inaku confirmed that he signed the letter directing the retirement of Mr. Odey as well as the sack of Mrs. Inok.
“I signed both letters on the same day. He (Mr. Odey) has served 35 years in the service already. He was first appointed in 1988 and has done 35 years so he is retired as per the service rules,” Inaku said on the telephone.
“She is not a civil servant and her appointment was by executive fiat, so she is sacked,” Inaku said when asked about Mrs. Inok.
When informed that she had resumed office on Monday with staff saying she insinuated that her sack was fake news, Inaku said, “Don’t worry, that will be tackled.”
Tension At Work
On Monday, sources at the Auditor General for Local Government office said Mrs. Inok entered her office at 10:40 AM.
Mr. Inaku drove into the premises located along the Murtala Muhammad highway a few minutes later and left. Meanwhile, Mrs. Inok, who left the premises, returned at about noon and locked the gate prompting staffers to call officials of the Nigerian Security and Civil Defense Corps who arrived and broke the padlock.
Soldiers were also called in and while addressing them, Mrs. Inok said the matter will be resolved soon and they departed.
On Tuesday, she arrived at the office with Policemen while on Wednesday and Thursday, there was no incident.
Unlike the Auditor General for Local Government office, at the State Auditor General’s office near the Akim timber market, security personnel were not involved with staff only speaking in whispers about the directive.
Mr. Odey has continued work as well with staff approaches, declining comment on the issue.
Comr. Odey assumed office as the State Auditor-General in March 2020. Before that, he was the Senior Special Assistant to Governor Ben Ayade on payroll matters where his schedule of duty saw some responsibilities taken from the office of the Secretary to the State Government. He also served briefly, in 2021, as Chairman of the State’s Internal Revenue Service.
Employed in 1988, Odey rose to the rank of Director and has spent 35 years in the Service. He served as the State Chairman of the Trade Union Congress of Nigeria TUC, as well as the Association of Senior Civil Servants of Nigeria, ASCN between 2017 and 2020.
The State House of Assembly confirmed Mrs. Inok’s appointment in September 2018 following a letter from the State saying her appointment was in line with section 56 (1) of the Cross River State Local Government Law 2007.
She replaced Mr. Anthony Ayine who was appointed as Auditor-General of the Federation by President Muhammadu Buhari in December 2016. She was eventually sworn into office in January 2019 by the then Governor, Sen. Ben Ayade.
At press time the State Governor is yet to react.
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