Your Excellency
We decided to write to Your Excellency this open letter to express our profound concern on the unceremonious removal of Dr. Solomon Arase from his well-deserved appointment as Chairman, Police Service Commission a constitutional body of the Federation established under section 153 (1) (m) of the Constitution of the Federal Republic of Nigeria, 1999. We are all shocked by the removal especially as no reasons given for this very weighty decision
While we concede that the President reserves the prerogative to appoint anyone of his choice to any executive position, including the office of Chairman of the Police Service Commission in line with the relevant and applicable provisions of the Constitution and statute Your Excellency will agree that as a proven and tested democrat, it is imperative to comply with the prescribed constitutional and statutory provisions if in the President’s judgment, there is cause to remove the appointee from office.
We observe with serious concern that in deciding to relieve Dr. Solomon Arase of his position as Chairman of the Police Service Commission, in addition to no reason being given, the due process of law has been set aside To be more specific, we wish to draw Mr. President’s attention to the provisions of section 157 (1) and (2) of the Constitution which set out the manner by which a person appointed into prescribed office in the Police Service Commission may be removed
Section 157 (1) provides thus
a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-third majority of the Senate praying that he be so removed for inability to discharge the functions of the office whether arising from infirmity of mind or body or any other cause) or for misconduct
Section 157 (2) provides as follows
“This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission. the Nigeria Police Council the National Population Commission, the Revenue Mobilization Allocation and Fiscal Commission and the Police Service Commission (italics supplied
The mode of removal provided above is reproduced verbatim in section 5 (1) of the Police Service Commission (Establishment, etc.) Act, 2001
Mr. President from the foregoing, there is absolutely no doubt whatsoever
that Your Excellency has been misadvised in your decision to remove Dr. Arase from office, in in total breach of the unambiguous provisions of Constitution and the governing statute applicable to the Police Service
Commission.
For the avoidance of any doubt, it will be recalled that Dr. Arose was
appointed Chairman of the Commission by Your Excellency’s immediate predecessor President Mohammadu Buhari in January, 2023 for a five year tenure in accordance with section 153 (1) and (2) of the Constitution. The was conveyed by a letter to the then Senate President, Senator Ahmed Lawan in January, 2023
Dr. Arose was subsequently screened by the Senate as prescribed by the Constitution, and was sworn-in in March 2023. Dr. Arase is an exceptionally
gifted and competent public servant who has devoted his entire career to serving our beloved nation. He rose from a cadet officer in the Nigeria Police Force to become the Inspector General of Police, and served without blemish until his retirement from service. His subsequent appointment as Chairman of the Police Service Commission is an affirmation of hitl
exemplary record of service to our dear nation. He therefore deserves all the courtesies and regard from all Nigerians
As Chairman of the Police Service Commission, Dr. Arose once again brought his sterling qualities to bear to uplift the Commission to greater heights than he met it. This is manifest in the verifiable innovations he introduced to enhance the delivery of the civilian oversight mandate of the Commission, all within a period of barely one year and three months out of an expected five years tenure
Your Excellency with the greatest respect, we honestly believe that a monumental error has been made by the decision to remove Dr Arase from office, As we have pointed out in several preceding paragraphs above, the decision, in our most respectful opinion, is not founded on proper advisement on the relevant and applicable constitutional and statutory provisions.
In light of the foregoing, we urge Your Excellency to as a true democrat and statesman, one who is not averse to admission of error have a rethink by reversing the removal of Dr. Solomon Arase from his well-deserved position as Chairman of the Police Service Commission. We believe that if this is done, Your Excellency shall further carve your name in the annals of this country as a stickler for fairness and the due process of law and constitutionalism.
Signed:
1. Rt. Hon. Samson R. Osagie, Ph.D (Vice President)
2. Prof. Edoba B. Omoregie. SAN (Secretary General
3. Sir Ekpenisi Omorotionmwan (Asst. Secretary General)
4. AVM Charles I. Oghomwen Rtd. (Exchequer)
5. Hon. Razaq Belio-Osagie (Director, Publicity) 6.Major General Charles Omoregie Rtd.
7. AVM Akugbe lyamu Rtd.
8. Dr. David Omoregie
9. Amb. Sunny idehen
10. Barr. Henry O. Omoregie
11. Barr. Fatai Bello-Osagie
12. Mr. John Aiyevbekpen Osakue
13. Mr. Andrew Ehanire
14. Mr. Hannibal Uwaifo
15. Prof Festus Imuetinyan
16. Prof. Osaretin Aigbovo
17. Dr. Matthew Oriakhi
18. Hon. Pius idele Alile
19. Hon. Chief Billy Osawaru
20. Hon. Bright Osayande
21. Hon. Henry Idahagbon
22. Amb. (Dr) Lancelot Oduwa Imasuen
23. Mr. Clement Uwalfo
24. Prof. Richard idubor
25. Dr. Steve Ayiyi
NO. 17 SAKPONBA, OPPOSITE ST. MATTHEWS CHURCH, BENIN CITY, NIGERIA
bcf2023@gmail.com
