The Comptroller-General of Customs, Colonel Hameed Ali (retd), has said he will not honour the invitation of the Senate today.
Ali told State House correspondents after a closed-door meeting in the Presidential Villa, Abuja, on Tuesday that his position was informed by the fact that the case was in court.
He said since the matter was already in court, it would amount to contempt of court for him to appear before the upper chamber of the National Assembly as it had demanded.
“The case is in court already. Somebody has sued us. I have gotten my writ of summons and they said status quo ante should remain; which means nothing should be done until the court makes a pronouncement.
“A private individual sued all of us; he wants an interpretation of the section that is in contention.
“I don’t want to talk so that I am not held in contempt of court,”Ali said.
The Senate, last Thursday, turned back the Comptroller-General for not appearing in Customs uniform.
Senators, through a voice vote, directed him to return to the National Assembly today in proper uniform designated to the office of Comptroller-General of Nigeria Customs Service.
The decision of the Senate followed a motion by Senator George Sekibo (PDP, Rivers East), who relied on Section 89 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and seconded by Deputy Senate President Ike Ekweremadu.
Earlier, in his answer to the senators, Ali had told them that he had no knowledge of any law compelling him to wear uniform.
Concerned citizen drags Senate to court
A concerned Nigerian has dragged the Senate before the Federal High Court, Abuja.
In the suit No FHC/ABJ/CS/207/2017, the plaintiff, Mohammed Ibrahim, joined the Comptroller-General of the Customs and the Attorney-General of the Federation as defendants.
In an originating summons filed by Miss N.G Emenike on behalf of the plaintiff, he wanted the court to declare that Colonel Ali, not being a commissioned officer of the Customs, was not mandated by law to wear its uniform.
The plaintiff also sought relief declaration that the appointment of the first defendant as Comptroller-General of Customs, having been made pursuant to sections 5 and 171 of the 1999 Constitution (as amended) could not be subjected to the provisions of Customs and Excise Management Act or any other law.
This he said was a declaration that the oversight functions of the National Assembly does not extend to compelling, mandating and enforcing the first defendant to appear before it in uniform and an order of perpetual injunction restraining the third and fourth defendants from mandating, compelling and enforcing the first defendant to wear uniform in the performance of his duties.
Senate confirms receipt of letter
The Attorney General of the Federation, (AGF) and Minister of Justice, had also written the Senate to inform it of the inability of the Comptroller-General to appear before the lawmakers.
The Senate, on Tuesday, confirmed the receipt of a letter from the Attorney-General over the suit, in which he described Ali’s appearance before the Senate as sub judice.
Senate spokesman, Senator Aliyu Sabi Abdullahi, said the Senate was in receipt of the communication.
He, however, declared that no court could stop the legislators from doing their job.
He said though the Senate leadership was in receipt of the communication, they were yet to discuss the letter in details.
The senator said: “There is a communication, although I have not seen the content. So, I won’t be able to make any categorical comment on it. No court can stop us from doing our work. No court can engage in illegality.”
APC intervenes
The All Progressives Congress (APC) National Working Committee (NWC) has said it will intervene in the face-off.
National Publicity Secretary of the ruling party, Mallam Bolaji Abdulai, in a statement on Tuesday, said the troubleshooting initiative of the Chief Odigie-Oyegun-led national working committee was informed by the need to ensure an amicable resolution of the controversy.
The statement read in part: “The APC has observed the controversy that has trailed the invitation extended to the Comptroller-General of The Nigerian Customs Service, Colonel Ali (retd), by the Senate.
“We have watched the issues with growing concern and the expectations that they would be resolved in a manner that would be agreeable to all the parties involved.
“However, we wish to state that at this point, we have found it necessary to intervene. Accordingly, the national chairman, Chief Odigie-Oyegun, will lead the party’s peace mission to the leadership of the National Assembly and the concerned party members. We are confident that the party’s efforts to broker peace would resolve the matter amicably.’’