*Plaintiff Seeks Declaration That Appointment Of Retired Officer Is Unlawful And Invalid

An Abuja-based Lawyer Maxwell Opara has filed an originating summons challenging the appointment of Mrs. Adepoju Caroline Wura-Ola as the Comptroller General of the Nigeria Immigration Service (NIS). Opara, the plaintiff in the case, argues that the appointment of Wura-Ola, who retired after completing 35 years of service, is unlawful and invalid.

The case, which is being heard at the Federal High Court in Abuja, is based on the interpretation of several legal provisions, including Section 3 of the Immigration Act 2015, Section 69 of the Immigration (Supplementary Act) 2017, and Section 8 of the Public Service Rules. Opara’s legal team contends that the combined reading of these provisions prohibits the appointment of a retired officer to the position of Comptroller General.

In the court process, he is praying to the court as follows:

1. A DECLARATION OF THIS HONOURABLE COURT that the combined and community reading of the provision of Section 3 of the Immigration Act 2015, Section 69, Part IX of the Immigration (Supplementary Act) 2017 and Section 8 of the Public Service Rules, the appointment of the 3rd Defendant by the Board of the 4th Defendant is UNLAWFUL, ILLEGAL and INVALID, the 3rd Defendant after completing the 35 years of Service in the Nigeria Immigration Service on the 31st day of May 2023 cannot be validly appointed to hold the office of the Comptroller General of the Nigeria Immigration Service, same been unfounded in law and unjustifiable by the 3rd and the Board of the 4th Defendant.

2. A DECLARATION OF THIS HONOURABLE COURT that 3rd Defendant is not qualified to hold the Office of Comptroller General of the Nigeria Immigration Service or any Public office at all, on the sole reason that same will lead to ridicule and absurdity, breach and break-down of law and particularly a disregard to Section 3 of the Immigration Act of 2015 and the Provision of the Public Service Rule 2017. A DECLARATION OF THIS HONOURABLE COURT that the Board of the 4th Defendant has no power to appoint the 3rd Defendant into the office of the Comptroller General of the Nigeria Immigration Service or extend the years of service to contravene the enactment of the National Assembly as provided in the Public Service Rules of 2017.

3. AN ORDER OF THIS HONOURABLE COURT directing the 3rd Defendant to immediately stop parading herself as the Comptroller General of the Nigeria Immigration Service or exercising any form of control in the service.

4. AN ORDER OF THIS HONOURABLE CORUT directing the 3rd Defendant to refund, reimburse and return all monies, revenue and payments received after the 31st day of May, 2023 which marks her retirement from service as a Deputy Comptroller General of the Nigeria Immigration Service.

5. AN ORDER OF THIS HONOURABLE COURT directing the 1st Defendant to attend to Section 3 of the Immigration Act of 2015 by appointing the next Comptroller General from the serving officer in the service, on the recommendation of the Board of the 4th Defendant, same been the true and right application of the extant laws. AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Court may deem fit to make in the circumstances.

According to Opara’s argument, only the President of the Federal Republic of Nigeria, as the 1st Defendant, has the authority to make such an appointment on the recommendation of the Board of the Nigerian Immigration Service, which is the 4th Defendant in the case. The plaintiff asserts that the Board, without the approval of the President, does not have the power to appoint Wura-Ola or extend her service beyond her retirement date.

In support of his case, Opara has submitted a written address and a 21-paragraph affidavit detailing the facts and legal arguments. He further requests the court to issue several orders, including an immediate halt to Wura-Ola’s activities as the Comptroller General and a refund of any payments received by her after her retirement.

The case has garnered significant attention due to its potential implications for the rule of law and the proper application of relevant statutes. If successful, Opara’s case could lead to a reevaluation of the appointment process for high-ranking public officials in Nigeria.

The court has yet to set a date for the hearing, and the defendants, including the President of Nigeria, the Attorney General of the Federation, and the Nigerian Immigration Service, have been given 30 days to respond to the originating summons.