The Legal and Moral Implications of Hameed Ali Not Wearing Customs Uniform
The Comptroller General of Nigerian Customs Service Rtd Col. Hameed Ali failed to appear before the Senate last Wednesday, as the recent saga between him and the Senate on his refusal to wear the Customs Uniform continues. Learned Senior Advocate, Mike Oz
Icannot fathom why people in government wear this unusual air of arrogance, superiority, haughtiness, hubris and egotism. They simply see themselves as God’s gift to mankind. They believe Nigerians should even be grateful and beholden to them, genuflecting, for even “accepting” to govern them, why is this so? I always wonder. Hameed Ibrahim Ali is a retired Nigerian Army Colonel and current Comptroller General (CG) of the Nigerian Customs Service (NCS), appointed by President Muhammadu Buhari on 27th August, 2015. Col. Ali had served as Military Administrator of Kaduna State during General Sani Abacha’s despotic military junta. Upon retirement, he became Secretary of the Arewa Consultative Forum (ACF), a northern pressure group. He was a stringent supporter of PMB in his bid for the 2015 Presidency. It was therefore, no surprise that he was one of PMB’s first appointees in an overtly lopsided appointment template that saw one part of the country seizing over 70% of all appointments, to the utter consternation and bewilderment of the other parts.
What is in a Uniform?
The present hubbub, bedlam and uproar generated by Ali in his defiant refusal to wear Customs uniform to the 109-member distinguished Senate is as pompous, cocky, narcissistic, as it is vainglorious. What is in a uniform? Oh, EVERYTHING!
Merriam-Webster defines uniform as a “dress of a distinctive design or fashion worn by members of a particular group and serving as a means of identification; broadly : distinctive or characteristic clothing”.
Virtually all professionals wear uniform: Lawyers, Judges, Doctors, Engineers, Nurses, Capital Market operators, Army, Navy, Airforce, Police, Customs, Fire Service, Civil Defence, Prison Wardens, Traffic Wardens (“yellow fever”), Immigration Officers, FRSC, Boys Scouts, Girls Guild, Knights, Priests, Reverend Sisters, Bishops, Pope, Imams, Traditional Rulers, School children, Students, Graduands, even Masquerades and Native Doctors; just name it.
Even if wearing Customs uniform was not legally compulsory, wearing uniform instills in the wearer and his peers, a unique sense of identity, security, pride, unity, belonging, responsibility, espirit de corps and team work.
The beauty and crave for lawyers uniform made me lose one full academic year at the then University of Ife (now OAU), to enable me read law, as I had to downgrade myself from 300 level (English Department), to 200 level (Law). The greatest attractions which I had for this self-immolation were simply two: the first was the lawyers’ uniform (wig, gown, bib and collar); the second was to use law as an instrument of socio-economic and political engineering (apologies, Prof Dean Roscoe Pound).
Some Nigerians can be very funny. They dance to situations and live in self-denial when their interests (usually selfish), are involved. That is how I view the opinions of some lawyers and Analysts goading Ali on over a simple norm. When the DSS invaded revered Justices and Judges’ homes last October, terrorised and elasticated DSS’s well defined and circumscribed functions, which have to do with preservation of internal security, to a ridiculous level, to include fighting corruption, even in our matrimonial bedrooms; because corruption amounted to internal insecurity! These same Nigerians later somersaulted, like Esan Egbabonalimhi acrobats, as soon as Magu’s rejection as Executive Chairman of the EFCC, by the Senate, came up. They turned against the same DSS, wondering what business it has with corruption matters. Such people suddenly discovered the hallowed provisions on fundamental rights.
Wearing Uniform: The Legal Regime
The law governing Nigerian Customs is the Customs & Excise Management Act (CEMA), Cap w 45, LFN, 2004. Although CEMA is silent as to whether it is mandatory for the Comptroller General of Custom (CG) to wear uniform, however, the Customs and Excise Preventive Service Regulations made pursuant to CEMA, make specific reference to uniform. Regulation 31 provides that clothing and equipment of Customs Officers shall be of such pattern and worn in such manner as the Board shall determine. Interestingly, CEMA defines ‘officer’ to mean: “any person employed in the NCS, or for the time being performing duties in relation to Customs or Excise". Under Sections 4 and 5 of the Act, the power to act on behalf of and subject to the Government of the Federation in all Customs matters, is vested in the Board of the NCS, of which the CG is Vice Chairman, while the Minister of Finance, is Chairman.
Since, Regulation 31 provides that: “clothing shall be of such pattern and worn by officers as the Board shall determine”, it follows, as the night follows the day, that a community reading of the Act and the Regulations, clearly show that the CG is an “officer” of the Service, whether career, or political. He must therefore, comply with the provisions of both the Act and the Regulations, by wearing the uniform of Customs, as a ParaMilitary Agency that even handles weapons. Not to wear the uniform is to blatantly undermine the very laws and foundation of his appointment, by disobeying the Rules and Regulations governing the appointment.
Similarly, Section 8 of the Act provides that for the purpose of enforcing the CEMA Laws, all officers shall have the same powers, authorities and privileges as are given by law to Police officers. Everyone knows that part of the paraphernalia of the “powers, authorities and privileges” of Police officers is wearing uniform. Ali cannot eat his cake and have it. He cannot wield the awesome powers and influence as Customs CEO on Customs’ guidelines, policy and operational matters, yet refuse to wear the uniform that approximates the symbol of such authority. His case is one of “volenti non fit injuria”. See
(1989) 1NWLR (Pt.97)179; (1983)1 SC 13; (1987) 1NWLR (Pt. 471)1. One who consents to an injury or a situation cannot complain. He is completely estopped from refusing to wear the very uniform that showcases his rank (CG), as he is not a “Sole Administrator”. See 1996) 7SCNJ 240; (1993)2NWLR(Pt.278) 638.
Sure, Sections 88 and 89 of the 1999 Constitution give the Senate oversight functions over public officers’ conduct, corruption matters, waste and inefficiency in the administration or execution of laws within its legislative competence. CEMA and its Regulations are such laws. The Moral and Psychological Aspects of Wearing Uniform Aside the legal regime which insists on uniform, morality, convention, psychology, leadership by example and respect for the institution of the Customs, which plays a pivotal role in every economic sector of Nigeria, ought to be impacted fully on subordinate officers.
OSELE EGBE v ADEFARASIN ONWU v NKA( Precedent of Non-Career Officers that Wore Official Uniform
It is simply not correct as argued by some, that a uniformed man does not wear uniform twice. There is a trailer-load of precedent of non-career officers, taken from outside the Customs Service and other para-military organisations, that proudly adorned official uniform, after such military or para-military service.
Veterinary Doctor, Haliru Mohammed Bello, erstwhile Minister of Communications and Defence and former Chairman, PDP Board of Trustees, was appointed CG by IBB in 1988, as the first CG of Customs and Excise Department, which was then under the Ministry of Internal Affairs. He wore CG Customs uniform, with pride, éclat and dignity, throughout his six-year sojourn.
When General Ango of the Army was appointed in 1994, not as a career CG, but as “Sole Administrator”, he proudly wore his Military uniform, until 1999, when he was replaced by A.A. Mustapha, a career officer.
Some time ago, retired Major-General Haladu Hananiya, very far superior to Hameed Ali, wore customs uniform with pride and dignity, as Corps Marshall of the FRSC. When OBJ merged FRSC with the Police, Hananiya was removed. On being elected President, late Umaru Yar’adua demerged the two entities, and Hananiya was returned to continue with his uniform- loving job.
Colonel Emeka Okoro, same rank as Hameed Ali, upon retirement from the Army, was appointed the Sergeant-At-Arms of the NASS and proudly wore the uniform of the Sergeant –At- Arms. Retired Major Argungu was appointed FCT Head of the Vehicle Inspection Office (VIO). He gallantly wore VIO uniform. Dr John Ade Abolurin, erstwhile Commandant of the Nigerian Security and Civil Defence Corps, adorned the Corps uniform with panache.
Osita Chidoka, former Aviation Minister, glamourised the uniform of Corps Marshal of the FRSC.
Danjuma Garba, the former FRSC Zonal Commanding Officer for Lagos, was later made the Head, VIO, FCT. In both positions, he proudly wore the uniform of each office.
Mrs Roli Bode-George, a non-career officer of NDLEA, gleefully wore NDLEA Uniform as Head.
PMB and GEJ, during presidential campaigns adorned the peculiar cultural dresses (uniform) of different ethnic groups across Nigeria. They knew the symbolism of uniform.
Will it not be a grotesque and bizarre scene to behold fully uniformed DCGs, ACGs, Comptrollers and other rank and file, standing at attention, and taking mandatory salute before a ‘Babanriga’, or ‘Sokoto-and-Buba’- wearing Hameed Ali? Would Ali have the moral authority to discipline an officer not properly dressed in uniform?
Hameed Ali has Options OBIORA v ARIORI v ELEMO UDE v KWARA
My humble advice to Ali is to embrace one of three options: Firstly, obey the Senate, wear the uniform. Secondly, as the overall Head and CEO of the Customs, assisted by six DCG’s, do as the Romans do, when in Rome: wear the uniform voluntarily, even without Senate intervention. Finally, if Ali is not proud of, or comfortable with the Service, promptly resign: do not wear the uniform. It is true, the aphorism: if you do not like the heat, do not enter the kitchen; if you do not want to get wet, do not jump into the river.