The Minister for Aviation and Aerospace Development, Festus Keyamo, has insisted that the current acting Director-General of the Nigeria Civil Aviation Authority, Chris Najomo, will remain in office until President Bola Tinubu says otherwise.
Keyamo made this known to our correspondent over the phone on Monday.
On December 13, 2023, the Ministry of Aviation and Aerospace Development announced the suspension of the former DG of the agency, Musa Nuhu, over alleged corrupt practices and also announced Najomo in acting capacity.
Meanwhile, Section 7 of the Federal Government Public Service Rules on Acting Appointment says that any officer appointed in an acting capacity cannot exceed 12 months in such a position.
The 020704 (a) of Section 7 of the Federal Government Civil Service Rules also said that recommendations for such an appointee in acting capacity must be forwarded to the Federal Civil Service Commission Form 66 and must include thereon a certificate to the effect that the acting officer would assume the full duties and responsibilities of the post.
By this law, Najomo was expected to cease being at the topmost office of the agency four days ago, but the minister said the interpretation of the law means the acting DG will remain in acting capacity until the President says otherwise.
He added that the law creates no space for a vacuum.
Keyamo said, “His tenure has not expired as Mr President did not appoint him in acting capacity for a specific period. It is only Mr President that can determine his tenure as he continues to act until Mr President says otherwise. That is the correct interpretation of the law. We must await Mr President’s decision on the matter.
“If there is no indication from Mr President he continues to act since the law does not permit a vacuum.”
But industry expert, John Ojikutu, accused both the Presidency and the National Assembly of causing problems, saying there was no reason for Najomo to remain in acting capacity beyond a year.
Ojikutu opined that the situation may nosedive into institutional corruption, if not well addressed immediately.
He said, “Today is December 16, and the expiration day for the period of the Ag DG appointment has passed. What is happening again between the ministry, NASS, and the Presidency? Is this not an exploitation or abuse of the statutory laws, or another route to institutional corruption?
“Are they saying we can’t ask them questions or what? Is it only the NCAA that is an agency in the aviation industry? Every other agency has substantive heads. It is the NASS that should tell us what is going on exactly now.”
Meanwhile, The PUNCH is in possession of a correspondence in which Najomo signed in his acting capacity on Monday.