The Human Rights Writers Association of Nigeria (HURIWA) has raised serious concerns regarding the recent promotion of the allegedly retired Assistant Comptroller General (ACG) of Immigration, Garba Bello, to the position of Deputy Comptroller General (DCG) of Immigration.
HURIWA observed that this development has sparked disquiet within the Nigeria Immigration Service (NIS), with many senior officers expressing their dissatisfaction and labeling the move as illegal and ethically corrosive.
In a press statement, HURIWA provided a detailed background to the controversy. “According to reports including a publication in a respected mainstream national newspaper, Garba Bello, identified with NIS number 10892, was born on June 3, 1964, and joined the service in 1990.
He retired on June 3, 2024, upon reaching the mandatory retirement age of 60, under the Public Service Rules, which mandate retirement at either 60 years of age or 35 years of service, whichever comes first. His retirement was marked by an official send-off by the service management at the NIS headquarters in Abuja.
“However, in a surprising and controversial turn of events, the Civil Defence, Correctional, Fire, and Immigration Services Board recently listed Bello as one of the ACGs elevated to DCG. This decision has been met with strong opposition from senior officers who were overlooked in the recent promotion exercise.
They argue that the promotion of a retired officer is a violation of the Public Service Rules and an affront to the principles of merit and justice,” HURIWA voiced.
Citing legal precedents, HURIWA underscored that the promotion of a retired officer is not only unethical but also illegal, quoting relevant Supreme Court judgments. They referenced the case of Oloruntoba-Oju v. Abdul-Raheem (2009) 13 NWLR (Pt. 1157) 83, where the Supreme Court of Nigeria held that once a civil servant has retired, their employment with the government ends, and they cannot be re-appointed or promoted within the civil service.
Adding that the judgment emphasized that any subsequent engagement is treated as a new contract, HURIWA further referenced the case of FCSC v. Laoye (1989) 2 NWLR (Pt. 106) 652, where the court reiterated that promotions are part of career progression within active service and cannot apply to someone who has retired.
HURIWA highlighted the ethical concerns and implications, arguing that the promotion of Garba Bello sets a dangerous precedent and undermines the integrity of the NIS. The association pointed out that such actions deprive deserving officers of their rightful career progression and could potentially demoralize the workforce.
HURIWA emphasized that this promotion will deprive the North East region of its active slot of a DCG, as established in the Supreme Court judgments mentioned above.
HURIWA called on President Bola Tinubu to put the scheduled decoration ceremony for Wednesday on hold and initiate a thorough investigation into the allegations of irregularities in the promotion process.
The association urged the President to consult the Attorney General of the Federation to ensure that the Supreme Court judgments are upheld and that the principles of justice and meritocracy are preserved within the NIS.
We are by this media statement urging the President to order a broad-based investigation into allegations of impropriety in the latest promotions including that of the case of an allegedly retired officer bagging a promotion whereas those who are in service are overlooked.
The association emphasized that an injustice to one is an injustice to all, and it is imperative to avoid setting such a bad precedent. HURIWA advised that the President should be seen as a promoter of ethical behavior and should not endorse actions that undermine the rule of law and the integrity of public institutions.
“The President should take a stand against this unethical behavior and ensure that the principles of fairness and justice are upheld in all government actions.
The controversy surrounding Bello’s promotion could have broader implications for the morale and operational efficiency of the NIS if it is confirmed that he retired in June as widely reported. By promoting a retired officer over currently serving officers who have met all necessary criteria, the board risks fostering a culture of disillusionment and discontent among the ranks.
This, in turn, could affect the overall effectiveness and discipline within the service”, HURIWA cautioned.
In conclusion, HURIWA reiterated its stance that the promotion of an allegedly retired officer like Garba Bello is a gross violation of the Public Service Rules and Supreme Court judgments.
The civil rights advocacy group further pressed the Minister of Interior to intervene and rectify the situation, ensuring that promotions within the NIS are based on merit and not on political or ethnic considerations.
Comerade Emmanuel Onwubiko
National Coordinator,
Human Rights Writers Association of Nigeria (HURIWA)
August 5, 2024
