Hameed Ali: Raising the Bar of Impunity

Tue, Mar 21, 2017 | By publisher


BREAKING NEWS, Opinion


|  By Mike Ozekhome  |  

I cannot fathom why people in government wear this air of arrogance, superiority, haughtiness, hubris and egotism. They see themselves as God’s gift to mankind. They believe Nigerians should be grateful and beholden to them, genuflectingly, for even “accepting” to govern them, why?

Hameed Ibrahim Ali (born 15 January 1955), is a retired Nigerian Army Colonel and current Comptroller General (CG) of the Nigerian Customs Service (NCS). He was appointed to the CGC position by President Muhammadu Buhari on 27th August, 2015. Col. Ali served as Military Administrator of Kaduna State, (1996 – 1998), during General Sani Abacha’s military junta. After retirement, he became Secretary of the Arewa Consultative Forum (ACF), a northern lobbying group, and a supporter of PMB in his bid for the 2015 Presidency. He was one of PMB’s first appointees in an overtly lopsided appointment template that saw one part of the country seizing over 70% of all appointments.

The present hubbub and brouhaha generated by him in his defiant refusal to wear Customs uniform to the Senate is as pompous, cocky, narcistic, as it is vainglorious.

What is in a uniform? Oh, EVERYTHING! According to Cambridge English Dictionary, “uniform” is a particular set of clothes that has to be worn by the members of the same organization or group of people, eg: military/ school uniform, a nurse’s uniform. Merriam-Webster defines uniform as a “dress of a distinctive design or fashion worn by members of a particular group and serving as a means of identification; broadly : distinctive or characteristic clothing”.

Virtually every professional wears uniform: lawyers, judges, doctors, engineers, nurses, capital market operators, army, navy, airforce, police, customs, fire service, civil defence, FRSC, boys scouts, girls guild, knights, priests, reverend sisters, bishops, Pope, Imams, traditional rulers, school children, graduands; just name it. I lost one full year at the then University of Ife (now OAU), to enable me read law, as I had to downgrade myself from 300 level (English Department), to 200 level (Law).

The greatest attractions I had for this self immolation were simply two: the first was the uniform (wig, gown, bib and collar); the second was to use it as an instrument of socio-economic and political engineering (apologies Prof Dean Roscoe Pound). Nigerians could be very funny people. They dance to situations as they satiate them, when their interests (usually selfish), are involved. When the DSS invaded revered justices and judges’ homes in the ungodly hours of the night (12 midnight to 5 am), some Nigerians praised the DSS to high heavens. Because, DSS was all out to wrestle corruption to the ground and defeat it.

Fundamental Rights were no longer important. No need for fair hearing. Judges must even step down from their offices without trial. In fact, one highly placed Nigerian in one of the anti-corruption panels mouthed obscenity and sacrilege that Nigerians, once accused of corruption, should simply be tied to the stakes and shot. There was no need for any lengthy trial. To hell with humanity, human rights and fair hearing.

The same set of Nigerians have now sudden to somersaulted like Esan Egbabonalimhi acrobats, as soon as Magu’s rejection as Executive Chairman of the EFCC, by the Senate came up.

They have now turned against the DSS, wondering what their business is with corruption matters. They forget that all public office aspirants, whether president, governors, senators, judges, ministers, etc, are usually screened by the DSS. Such people have suddenly discovered the important constitutional provisions that respect fundamental rights, that allow for fair hearing.

WEARING UNIFORM: THE LEGAL REGIME

The law governing Nigerian Customs is the Customs & Excise Management Act (CEMA), Cap 45, LFN, 2004. CEMA is silent as to whether it is mandatory for the Comptroller General of Custom (CGC) to wear uniform.

However, the Customs and Excise Preventive Service Regulations made pursuant to CEMA make specific reference to uniform. Regulation 31 provides that clothing and equipment shall be of such pattern and worn in such manner as the Board shall determine.

Thus, it makes reference to uniform to be worn by officers of the Nigeria Customs Service. Interestingly, CEMA defines ‘officer’ to mean: “any person employed in the Nigerian Customs Service, or for the time being performing duties in relation to customs or excise”.

Under Sections 4 and 5 of the Act, the power to act on behalf of and subject to the Government of the federation in all Customs matters, is vested in the Board of the Nigeria Customs Service, of which the CGC is Vice Chairman, while the Minister of Finance, is Chairman.

Since the said Regulation 31 provides that: “clothing shall be of such pattern and worn by officers as the Board shall determine”, it follows, as the night the day, that by a community reading of the Act and the Regulations, clearly show that the CGC is and remains an “officer” of the Service.

He must therefore comply with the provisions of both the Act and the Regulations, by wearing of uniform.

Similarly, Section 8 of the Act provides that for the purpose of carrying out or enforcing the provisions of the Customs and Excise Laws, all officers shall have the same powers, authorities and privileges as are given by law to Police officers. Everyone knows that part of the paraphernalia of the “powers, authorities and privileges”, of Police officers is wearing official uniform. Why must Ali be an exemption?

THE MORAL AND PSYCHOLOGICAL ASPECTS OF WEARING UNIFORM

Aside the legal regime which insists on uniform as stated above, morality, psychology, leadership by example (rather than by precepts), and respect for the institution of the Customs, which plays a pivotal role in every sector of the economic life of any Nation, ought to be impacted fully on subordinate officers.

NOW THIS

PRECEDENTS OF NON CAREER OFFICERS THAT WORE OFFICIAL UNIFORM

There is a trailer- load of precedents of non career officers, taken from outside the Customs Service and other para-military organizations, that proudly adorned official uniform. Veterinary Doctor, Haliru Mohammed Bello, erstwhile Minister of Communications and Defence, Chairman, PDP Board of Trustees, was appointed CGS by IBB in 1988. Bello was the first CGS of Customs and Excise Department, then a Service under the Ministry of Internal Affairs. He wore Customs uniform as CGS with pride, éclat and dignity throughout his six year sojourn as CGS, till General Abacha replaced him with Brigadier-General Samuel Ango in 1994.

General Ango was appointed, not as CGS, but as “Sole Administrator”.

Although there was no requirement of a Sole Administrator wearing any uniform during the posting, Ango proudly wore his Military uniform throughout, until 1999, when he was replaced by A.A. Mustapha, a career officer. Some time ago, retired Major-General Haladu Hananiya, Hameed Ali’s superior, was Corps Marshall of the Federal Road Safety Corps (FRSC). He wore his uniform throughout his service with pride and dignity.

When OBJ later merged FRSC with the Police, Hananiya was removed. On mounting the saddle as President, late Umaru Yar’adua demerged the two entities, and Hananiya was brought back to continue with his uniformwearing job. Colonel Emeka Okoro, same rank with Ha-meed, upon retirement from the Military, was appointed the Sergeant-At-Arms of the NASS. He proudly wore the Sergeant –At- Arms uniform. Retired Major Argungu was appointed the FCT Head of the Vehicle Inspection Office (VIO).

He gallantly wore VIO uniform. Dr John Ade Abolurin, erstwhile Commandant of the Nigerian Security and Civil Defence Corps (NSCDC), who brought NSCDC to glory, adorned the Corps uniform with panache. Ositadinma Chidoka, former Aviation Minister, became Corps Marshal of the FRSC. He glamourised the uniform.

Danjuma Garba, the former FRSC Zonal Commanding Officer for Lagos, was later made the Head, VIO, FCT. In both positions, he proudly wore the uniform of each office. So what is special about Hameed Ali, that he would defy the Red Chambers?

Even if wearing Customs uniform was not legally compulsory (we have shown that it is), it instills a unique sense of identity , security, pride, belonging, responsibility, espirit de corps, unity and team work, among the CGS and the entire rank and file of the Customs Service.

AND THIS

My simple humble advice to Ali is to do one of three things: Firstly, obey the Senate, wear the uniform. Secondly, as the overall Head and CEO of the Customs, assisted by six DCG’s, do as the Romans do, when in Rome: wear the uniform.

Finally, if Ali is not proud of the Service, resign: do not wear the uniform. It is true, the aphorism: if you do not like the heat, do not enter the kitchen; if you do not want to get wet, do not jump into the river. LAST LINE Nigerians, kindly await next week’s exhilarating discourse from the Sunday Sermon on the Mount of the Nigerian Project, by Mike A.A. Ozekhome, SAN,

  • This was originally published by the New Telegraph.

— March 21, 2017 @ 10:00 GMT

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