PENCOM and Obla: Why Osinbajo Should Right the Wrongs

It was a sad moment watching Mr. Okoi Obono-Obla’s recent outing on Channels Television some weeks ago as he made frantic efforts to justify the controversial removal of the National Pension Commission’s (PENCOM) management. I practically wept for Nigeria and the quality of some people foisted on us as leaders.

The removal of the PENCOM Management team and the appointment of new Board Members were clearly in violation of the Pension Reform Act (PRA), 2014 and our Constitution. But Obla, who is supposed to be a senior lawyer and a custodian of the rule of law, retorted that there was nothing wrong with sacking people over the radio, irrespective of what the law provides!

Following criticisms from lawyers, members of the National Assembly (NASS) and members of the public, one would have thought that Obla would exercise restraint on the matter. But a recent publication credited to him entitled: “Removal of National PENCOM DG is in order”, depicts deficiency in legal knowledge or desperation to satisfy paymasters to retain a job at all cost.

I feel compelled to react to these issues because it will be a great disservice to the legal profession and our nation for the majority to stand by and watch politicians with entrenched selfish interests trample our laws with impunity.

In justifying the removal of 23 heads of Federal Government MDAs, including the DG of PENCOM, Obla said that it was done by the President in the exercise of his powers under Section 5 of the 1999 Constitution. But Obla was economical with the truth when he abridged the provisions of Section 5(1) of the Constitution in his own words and failed to state the exact provisions of the law. Section 5(1) states – “Subject to the provisions of this Constitution, the executive powers of the Federation (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him…; and (b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.”

Any sound lawyer would readily see that while legislative powers in Section 4 is not removed because she refused to throw pensioners’ funds open to political hawks to feast on. It could have little to do with nepotism. The fact that she was commended for her service to the nation in her disengagement letter shows that there was really no cogent reason for her removal halfway into her tenure.

Obla also betrays his shallow knowledge of the law by averring that announcement over the radio equals informing the removed PENCOM DG in writing in accordance with Section 21 (1) (j) of the PRA 2014. In the process, Obla tries to distort our law by using ‘or’ in a disjunctive sense in Section 21(1) (j) instead of the conjunctive ‘and’ that was used in the Act.

Equally, Obla in his habit of being economical with the truth whenever the presidency misfires, quoted Section 19 (3) of the Pension Reform Commission (sic), as vesting the President with power to appoint while hiding the fact that there are qualifications and conditions for the appointment of such persons.

Additionally, Obla in defending his principle of sufficient notice to Anohu-Amazu also claimed that the new PENCOM DG appointed to replace her reported for work on the 15th April, 2017. I couldn’t stop laughing because 15th April was a Saturday and Easter holiday! This barefaced lie is deplorable. He probably speaks and acts before he thinks.

In fact, the Senior Special Assistant to the President on National Assembly, Senator Ita Enang, told the media that the new PENCOM appointees would not resume until they were confirmed by the Senate according to Pension Act. So, does Obla really follow events in the country at all? If he is deficient in research work, couldn’t he have hired research assistants? And if he could not do any of those, should he not be fired and made to refund all our monies paid to him rather than persistently embarrass our well-intentioned President?

Meanwhile, contrary to Obono-Obla’s claim that Mrs. Chinelo Anohu-Amazu is steering controversy, he is the one inciting groups and pulling at the strings of tribal sentiments of South East people against the Presidency through his media vituperations. I have neither seen her address the press nor release any media statement on this matter despite all the lies against her. I also watched the Channels TV programme where the removed DG was advised to go to court and challenge the illegality. A desperate person that wants to perpetuate herself in Office could have taken advantage of such calls and goofs in her removal, but has since moved on?

So the real issue is not about the removed DG. It is about non-compliance with the Pension Act, 2014 in removing and appointing the PENCOM management team. It is also about Obla assaulting the sensitivity of the lady’s geopolitical zone and pension stakeholders by taking to the media to try to justify the unjustifiable rather let the sleeping dog to lie.

On the issue of President Buhari leaving the removed PENCOM DG to remain in Office for almost two years into his tenure, her performance must have accounted for that. The office is tenured and in Nigeria, a person who has put in 16 years, building the new pension system from the scratch, starting from membership of the Fola Adeola Pension Reform Committee under former President Olusegun Obasanjo, deserves two full tenures to consolidate the industry.

In fact, the way Obla carries on appears to lend credence to speculations the removal of PENCOM management did not have the blessing of the President since it came at the time the president’s health challenges. This school of thought believes that some villa cabals simply shared the positions amongst their cousins and cronies. This too needs to be investigated, as we cannot allow a few individuals play politics with pension contributions and the fate of over 7.4 million contributors to the pension fund.

In summary, the removal of the PENCOM Management Board is not in order. It trampled on good conscience, equity, and our laws. It is having far-reaching impacts on confidence in our pension industry and our fault lines as a nation. I am surprised no South East group has gone to court over the injustice, although Ohanaeze recently threatened to do so if the FG did not reverse itself. But must it get to that?

There is nothing wrong with removing somebody from office. But it must be done aright and in a way that doesn’t put the pension industry in limbo or give the youth the impression that it doesn’t pay to serve your nation creditably. The Acting President, Prof Yemi Osinbajo should, in fact, ignore the antics of the likes of Obla and reverse the injustice.