Months after appointment of key officials to manage the affairs of federal agencies and parastatals by President Bola Tinubu, the boards of these agencies are yet to be inaugurated while others are yet to be properly constituted.
This is already causing ripples and disquiet in the ministries as the current situation of non-functional boards is a violation of the laws setting up those agencies and it gives room for abuse, corruption and irresponsibility.
Those advocating for the inauguration of the boards have also argued that running the agencies without their boards is against the principle of corporate governance as the agencies of government are established by laws, which ought to be obeyed to the letter.
Credible sources who spoke with our correspondent said that there is a silent class-conspiracy among many of the ministers under President Tinubu to frustrate all attempts to appoint Board members for most Federal Agencies and parastatals and it is also affecting the appointment of deserving qualified party members into various positions of service.
Findings have shown that truly most parastatals and agencies are currently operating without Governing Boards making it easier for the supervising ministers to deal directly with the executive management of such establishments.
According to our source in one of the ministries, “the executive management of many parastatals involved are also in cahoot with their supervising Ministers since there is no close supervision of their management activities and no proper scrutiny of their approval thus giving them the platform for arbitrariness and corruptive tendencies”.
Speaking further, he said “ I am told many Ministers are equally pressuring the Secretary to the Government of Federation; SGF not to be in a hurry to propose Boards and other appointments so that the impunity being currently witnessed can continue for at least two years or till sometimes close to next election circle so that they can protect their pecuniary channels and continue business as usual while blocking those with genuine interest of Mr. President, the party and the people of Nigeria from being appointed”.
Stakeholders have argued that this is an anomaly as all the Acts of parliament establishing the agencies stipulate the appointment of governing boards that would work with the management team in the operations of the agencies.
In the Ministry of Aviation, virtually all the agencies are without boards. The agencies include the Nigeria Civil Aviation Authority (NCAA), the Federal Airports Authority of Nigeria (FAAN), the Nigerian Airspace Management Agency (NAMA), the Nigerian Meteorological Agency (NIMET) and the Nigerian Safety Investigation Bureau (NSIB).
In the Marine and Blue Economy Ministry, agencies such as the Nigerian Ports Authority (NPA); Nigeria Shippers’ Council (NSC); National Inland Waterways Authority (NIWA); Nigerian Maritime Administration and Safety Agency (NIMASA) have no functional boards.
Others agencies and parastatals without functional boards are Nigerian Communication Commission (NCC); National Identity Management Commission (NIMC); Federal Housing Authority (FHA); Bureau of Public Enterprises (BPE); National Pension Commission (PENCOM); OGFZA (Oil and Gas Free Zones Authority); NEPZA; National Orientation Agency; Nigerian Upstream Regulatory Commission and Industrial Training Fund (ITF).
Fears are being expressed in certain circles that the non-inauguration of the boards in itself will not only tarnish to image of this administration’s anti-corruption stance but will permit lack of transparent running of such agencies and parastatals as such making accountability, approvals and supervision non-existent since they are not subjected to debates and scrutiny form Boards .
Speaking with TheScrutiny, a Senior Advocate of Nigeria (SAN), Monday Ubani said it is important for the boards to be properly constituted and inaugurated in order to avoid legal issues that may come up in future.
“Most of these boards have a timeline. Some are four or five years. If they have been duly appointed, I think there should be a formal inauguration. If you remember recently, when we were conferred with SAN rank, the current CJN, Justice Kekere-Ekun was in acting capacity. Now, she was supposed to confer us with the rank in the morning. I think a night to the conferment, the President was made aware that she has not been formally inaugurated as CJN after her confirmation by the Senate”
“So, that morning, we were supposed to start the conferment by 10am but it was now postponed till 2pm because the proper inauguration of Justice Kekere-Ekun was done in the morning by the president. When she was now formally inaugurated as CJN, she now performed her duty of conferring us with the rank of silk between 2pm and 4pm that day”.
“It tells me that issues of appointment and inauguration is key. If you have been appointed, there must be a formal inauguration before you start to act in that official capacity. It may be an oversight or maybe the president himself has been too busy to carry out that function. But I think the way you journalists are bringing it up is very key so that the government can be made aware”.
“In my own little understanding as a lawyer, if you are appointed, the proper thing to do is to have you inaugurated by the authority. It is when you are inaugurated, that is when you can now start to function”.
“When you start functioning without a proper inauguration, there may be some legal issues with those duties you have carried out. Somebody can challenge it in the court that you have not been inaugurated but you are trying to act. So, my advice is that if these appointments have been made, let there be a formal inauguration before they start to act to avoid a situation where somebody will go to court to challenge any of their actions”.
Also speaking, Dele Akinnola, a public affairs analyst said the boards of agencies and parastatals are creation of the constitution through the various Federal Acts.
According to him “The various Laws setting up these Agencies, Commission and Parastatals made specific and detailed provisions stipulating the constitution of Governing Boards just as they also provided for executive management positions, why on earth would the supervising Ministries and even the presidency appoint Executive Management for them and refuse to constitute the Boards”.
“Would every where be quiet if the President has been running his government without appointing ministers as provided for in the Constitution? Also, one can ask if despite the provisions of the constitution and the democracy we are running now, a President who has won elections has been denied the seat of government, will Nigeria be this calm as we have today?”
“The blood of democracy is adherence to Rule of Law and Constitution. It is the right time for Mr. President to damn the consequences as a very firm person and do the right thing in the interest of Nigerians, his supporters, his party and himself”.
