Onyekachi Eze 
The selection process for the appointment of new Accountant General of the Federal (AGoF) is being threatened, as Industrial Court will on February 26, rule on the interlocutory injunction brought before it by an aggrieved claimant.
The claimant, Mr. Joshua Kadmi Luka, a director in one of the federal ministries, had told the court presided over by Justice Rekiya Haastrup that he was excluded from participating in the selection process.
Already five persons have been shortlisted by the Office of the Head of Service of the Federation (OHSF) from among those that sat for the examination.
The successful aspirant will succeed the outgoing AGoF, Oluwatoyin Madein, whose extended tenure is supposed to end on March 7. But Luka had through his lawyer, Angbulu Ibrahim (SAN), told the court that he was excluded over a criminal allegation that has not been decided by any court.
He also faulted the selection process, arguing that it is the Civil Service Commission and not the OHSF that is supposed to conduct the selection process, describing the action of the defendant as unconstitutional. “It is also our contention that a mere allegation of crime without conviction, cannot be used to exclude the claimant.
“The law is very clear, he has not been found guilty, so because of a mere allegation he is excluded. “Also in an earlier occasion, he was accused of fraud, when he applied for permanent Secretary he was excluded, but not charged to court.
“Anything done without fair hearing is a nullity,” his lawyer argued. He added that even though the appointment of the Accountant General lies with the president, the process lies with the Civil Service Commission and not the office of the Head of Service.
The claimant is therefore seeking a “declaration and /or order of court that the process of selection of the Accountant General begun by the Head of Service of the Federation is null and void as she has acted in contravention of the constitution and in excess of her powers.”
Luka had earlier in a petition to the Attorney General of the Federation and Minister of Justice, Lateef Chief Lateef Fagbemi (SAN), stated that any time he attempts “to participate in the process of selection for Permanent Secretaries or Accountant General of the Federation, his name is always excluded just as in this current exercise for Accountant General of the Federation.”
He noted that when the current selection exercise was about to commence “the Independent Corrupt Practices Commission (ICPC) has brought a charge against our client in the Federal High Court, this time again not on having billions in his account, but on a spurious allegation that, when he was a Deputy Director, Internal Audit in the Ministry of Agriculture in 2019, he allegedly used his powers to enrich himself despite the fact that as an Auditor he did not control funds nor have approval powers.”
