Corps Marshal: Why Boboye’s tenure can’t be extended — Group


A group under the aegis of Initiative for Transparency and Accountability in Public Service in a petition to Presidency stated that the tenure of Corps Marshal Boboye Oyeyemi attaining 60 years of age on November 26,2020 should not be extended so as not to violate civil service rules.

It will be recalled that Boboye appointed by former President Goodluck Jonathan  completed his tenure of four years in July 2018 and was extended by President  Muhammadu Buhari.

A copy of the petition cited by Nigerian NewsDirect  reads in part: “Mr BOBOYE OYEYEMI is a career public servant who joined the FRSC in 1988 and rose to the rank of Corps Marshal in 2014. He concluded his tenure of 4 years in July 2018, by 26 November 2020 Mr BOBOYE OYEYEMI will be 60 years of age which by public service rules (S) 020810-(I) which states as follows: ‘the compulsory retirement age for all grade in the service shall be 60 years or 35 years of pensionable service whichever is earlier,’ and (S) 020810 (ii) which is as follows: ‘No officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service whichever is earlier’.

“The Federal Road Safety Commission is a public service and in line with section 17 (1) of the FRSC establishment act 2007. MR BOBOVE OYEYEMI is still on permanent and pensionable appointment”.

The petitioner suggests that Boboye must give way for fresh blood either within or outside to reinvigorate the service to meet its constitutional mandate.

The petition added  that the continued stay in office by the incumbent Corps Marshal beyond November 26 will not only violate the nation’s laws but stagnate young and energetic prince and princess in the line of succession in the safety Commission.

The group alleged in the  petition that the Corps Marshal has committed perjury and corruption in his determined effort to subvert the natural order of things and result in the nation’s extant laws, especially as it relates to his retirement, so as to perpetuate self beyond his exit date.

The petition which was addressed to the Chief of Staff to the President was titled “Fraudulent Misrepresentation to Get Tenure Extension: Gross Act of Corruption and Need to Investigate…” also asserted that the tenure of the Corps Marshal going by the extant laws ends on 26 November 2020.

The petition also referenced a circular by Head of Civil Service of the Federation with the following number HCSF/EMS/EIR/B.63694/1V/T/96 of 27/10/2009 and addressed to all of the Director Generals/ Chief Executive of Parastatals, Agencies and Government-owned companies and also Service Chief/Inspector General of Police and signed by the Head of the Civil Service of the Federation.

It added that the circular posited as follows in paragraph 2 (i) “That career officers who wish to take up tenured appointment should at the point of taking up the appointment, retire from the service to ensure they run their term uninterrupted.

(ii) “That career officers who have not retired or chose not to retire from service, before the commencement of their tenured appointment must leave office on attainment of the mandatory age/year of service for retirement and (iii) That career officers who are currently holding tenured appointment are required to retire from the service with immediate effect and continue to run their term.

“Failure to do so would mean that they will vacate office on attaining the mandatory age or at the expiration of their term, whichever comes first.”

The petitioners further observed that even when one considers the appointment of the Corps Marshal which comes in S1 (2)(b) and S(2) of FRSC Act 2007, it states that Corps Marshal shall hold office for a period of 4 years. Note that it said “shall” not “must.”

The meaning of this is said that the Corps Marshal will vacate office if he is caught up by any extant regulation that will not allow him to hold the office for 4 years.

“There is no provision in the FRSC act 2007 where it is stated that the Corps Marshal can serve two terms of 4 years each only one term is provided for,” the group further argued.

They alleged that the Corps Marshal being fully aware of all the facts highlighted above cunningly and being fully aware that he cannot serve beyond 26 November 2020 has applied for tenure extension  with the application  for another term of 4 years after finishing a term of 4 years earlier.

They also alleged that he did the above by not disclosing that he will be 60 years on 26th November 2020.

The corruption they further argued is not only stealing public funds, saying “Obtaining anything by false pretence, but deliberate misrepresentation of facts is also all element of corruption.”

While observing that Mr. BOBOYE OYEYEMI was former President Goodluck Jonathan’s appointee, the group lauded President Muhammadu Buhari for not truncating the appointment made by his predecessor in the interest of rule of law and development.

They, however, tasked the incumbent Corps Marshal not to abuse or take for granted this rare privilege extended to him by the President by attempting to foist himself beyond his statutory provided tenure of office.

The petition alleged that Mr Oyeyemi is attempting to abuse the privilege given to him by trying to manipulate the due process in an attempt not to retire at the stipulated age of 60 years on 26 November 2020.

“It is rather disheartening and disappointing that Mr BOBOYE OYEYEMI who is the first Corps Marshal to emerge from the staff of the commission rather than give way to others behind him to progress is allegedly  making effort   to perpetuate himself in office beyond what the law allows.

While calling on Federal Government to as a matter of urgency investigate the aforesaid request for tenure extension request by the Corps Marshal, the  Initiative for Transparency and Accountability in Public Service said:

“We, therefore, call on Mr.Chairman to advise the Secretary of the Government of the Federation, and the Head of Civil Service of the Federation to intervene and ensure that due process and rule of law is upheld by directing Mr. BOBOYE OYEYEMI to submit his notice of retirement with immediate effect to take effect on 26 November 2020.”

Efforts made by Nigerian NewsDirect for reaction  proved abortive. There was no response to text  and Whatsapp messages sent to the FRSC Corps Commander Public Relations Mr Bisi Kazeem.

The Coordinator, Initiative for Transparency and Accountability, Mr Tolani Abel claimed that for the government not to take action copies of the petition were sent to the Secretary of Government of the Federation, Head of Civil Service of the Federation  and Chairman FRSC Board, Chairman House Committee on FRSC, Chairman ICPC, Chairman Code of Conduct, the Attorney General of the Federation and Minister of Justice.

However, Nigerian NewsDirect gathered that the petitions are receiving attention with the secret  search  by  officials of the Presidency for replacement to ensure that his seat will not be vacant upon clocking 60 years  on November 26 in case President Muhammad  Buhari gives directive for appointment of a new  FRSC Corps Marshal.

The source in Presidency did not confirm the the alleged  request by Boboye  for tenure extension but explained that the search for replacement will help to ensure proper coordination of  road safety rules by FRSC commanders nationwide particularly during the period of ember months. He said  the position of Corps Marshal is very strategic to effective coordination of all corps marshal during the ember months.