Yusuf says the minister lacks the power
to discipline him and that only the president “by virtue of the NHIS Act
particularly section 4 and 8 thereof” can remove him from office
“whether by way of suspension or otherwise.”
The minister had, through a July 6, 2017
memo, asked the ES to proceed on a three- month suspension to allow for
an uninterrupted investigation of petitions against him in accordance
with the Public Service Rules.
But Yusuf, responding in a letter dated
July 12,2017, said : “Except removed from office by the president under
circumstances specified in the NHIS Act, my appointment is for a period
of five years subject to further term of the same period at the
discretion of the president.”
He said that although section 47 of the
NHIS Act empowers the minister to “give directives of a general nature
to the Governing Council of the scheme and in the absence of the
council, you have presidential mandate to exercise the powers and
functions of the council,” the powers and functions of the council do
not include discipline, suspension or removal of the Executive Secretary
of the scheme from office.
Besides, he said the suspension letter
“is not in accordance with the Public Service Rules as no prima facie
case has been established against me in respect of the petitions
referred to in the letter.
The mere fact that there are pending
petitions against a public officer which is yet to be substantiated does
not constitute a ground for suspension under the Public Service Rules.
Otherwise, with over 18,000 petitions pending against public officer
holders before the EFCC and ICPC as at the end of June 2017, the total
number of public officers who would have been on suspension by now,
including honourable ministers is left to be imagined.”
He added: “As you are aware, the
petitions referred to in your letter are currently being investigated by
the ICPC which is yet to submit its report. In view of the criminal
nature of most of the allegations in the petitions,
security/investigative agencies like the ICPC are the appropriate
agencies for the investigation contemplated in your letter; not a
Ministerial Committee. I have cooperated fully with the investigations
so far and will continue to do so.”
He asked the minister to allow “investigations of these petitions to follow due process.”
But in a swift response last night,
spokesperson for the ministry, Boade Akinola, said Yusuf, being a public
officer, is bound by the regulations governing the Public Service.
Akinola, in a statement, said:”The NHIS
is an agency supervised by the Federal Ministry of Health and the
Administrative Panel of Inquiry raised by the ministry to investigate
activities of the agency has commenced its assignment with specific
terms of reference.”
Investigative committee has been set by the minister to look into the various allegations in accordance with the Public Service Rules.
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