PROF NNAMDI OBIARAERI DROPS NIFTY TIPS FOR PUBLIC OFFICE HOLDERS IN NIGERIA FOR THE ATTENTION OF THE NEWLY INAUGURATED MEMBERS OF IMO STATE EXPANDED EXECUTIVE COUNCIL
On Tuesday the 30th day of April 2024, the Governor of Imo State swore in a cross section of his key political appointees viz– Secretary to State Government, Chief of Staff and Deputy Chiefs of Staff, Commissioners and Special Advisers. As it is not easy to be considered fit and proper to hold public office, congratulations are in order to all the recently sworn in Members of the Imo State Expanded Executive Council. However, the Holy Bible in Luke 12:48 admonishes that to whom much is given much will be required. Beyond the razzmatazz, holding public office entails great responsibility. In the book titled People Power and Politics in Nigeria- The Twenty four Delicate Truths published in 2015 by Prof Obiaraeri, N,O and Dr Obiaraeri Chinyere, significant chapters therein dealt comprehensively with what may be styled “dos and donts” for public office holders in Nigeria. With the recent inauguration of the Imo State Expanded Executive Council (hereinafter called “Expanded Exco”), it is thought necessary that excerpts from that seminal work should be adapted as open but brief advisory to the newly sworn in government officials so that they can creditably discharge their assigned responsibilities without running afoul of the laws of the land.
In the newly composed Expanded Executive Council, there are assortment of appointees with varying degrees of cognate public service experiences and political exposures. Some are reappointed veterans or old hands (call them old-timers if you like) who have been in public office and particularly in the executive arm of government for a considerable length of time. There are some who have previously held elective offices as members of the legislature who are being appointed into the executive arm for the very first time. There are some others who are neophytes as they have never held public office before whether in the legislature or in the executive arm of Government. The complex mix of appointees has made it imperative that nifty tips be publicly placed at their disposal. This will serve either to refresh the memories of the veterans or alert the newbies of the compelling nuances for holding public office especially in the executive arm of government. A person who had served as a lawmaker (whether at the federal or state level) who gets appointed into the executive branch of government has a lot of adjustments to make regarding how to effectively function in executive positions. In the same wise, a technocrat or person from the private sector newly appointed into the executive arm of government has a lot of catching up to do about public service rules and their associated slow paced bureaucracy and bottlenecks. Public service with civil servants, public service rules civil service rules and officialdom are completely different from board room politics and other private sector engagements.
In no particular order of importance and without pretending’s to be exhaustive, political office holders in the Imo State Expanded Exco should take note of the following-
(a) The first golden rule is to know that Imo people are your employers although the Executive Governor is your appointer. In no unmistakable terms, this means that at all material times, the primary loyalty of any political appointee is to the people of Imo State, never to himself or herself or Local Government Area of origin.
(b) Declaration of Asset is very key and non-negotiable. Every political appointee must declare his or her asset truthfully and correctly. There should be no dishonest entries or anticipatory declarations to future cover loot or corruption. Section 194 of the Constitution of the Federal Republic of Nigeria, 1999 as amended enacts that a Commissioner of the Government of a State shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution. It is a crime with severe consequences not to comply with this constitutional stipulation which also applies to all cadres or grades of political appointees or aides of the Governor/Deputy Governor who are paid from public coffers. Hence, all appointees must complete the Beginning of Term Declaration of Asset Form with the Code of Conduct Bureau while those re-appointed are reminded that they must also complete the End of Tenure Declaration of Asset Form to cover their previous tenure.
(c) Obey protocol and avoid lateness to official functions. Public office carries with it mandatory lifestyle changes including security consciousness. Certain places of leisure or social interactions or certain wayward lifestyles are not for public office holders. The Nigerian public has become more aware and the expectations from and scrutiny of public officers are higher. In this day and age of active social media and citizen journalism impact, it will be very unwise for anyone, especially a public office holder, to act irascibly or irresponsibly. The cameras in the hands of millions of citizens and bloggers are watching. A public office holder must be highly discipline and protocol compliant. It is against protocol to attend public functions late especially when his or her superiors especially the Governor and or Deputy Governor are already seated. The public officer is duty bound to behave as a role model and should deploy temperate or measured language in all official communications. There are many highly trained Information Officers in the Ministry of Information or journalists who can be engaged to execute media and publicity responsibilities in a professional manner instead of patronising untrained keyboard warriors or self-styled social media influencers who know next to nothing about the nuances of official communication.
(d) Due process is vital and the fulcrum upon which all government business rotates. Obey Public Service Rules and Financial Regulations or disobey them at your own peril. All approvals made or conveyed or payments on financial matters or decisions on policy and allied issues must follow due process as required by extant Public Service Rules, Procurement or Fiscal Rules and Regulations. Necessary approvals must be sought and obtained from the appropriate authorities. Never act impulsively or without legitimate authority or proper authorisation no matter the pressure or allurement. Do not fall into the temptation of paying public funds into your personal account or that of your spouse or aide. The fear of anti-graft agencies [EFCC, ICPC, Police, SSS] is beginning of wisdom. It will not be a bad idea to keep copies of all approvals made or conveyed just in case they may come in handy in future.
(e) All actions or inactions, decisions or activities of the public office holder must be rule of law compliant. This is closely tied to issues of due process discussed earlier. There is no immunity for political office holders except for Governor and Deputy Governor- under section 308 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. The immunity conferred on both the Governor and Deputy Governor does not extend to their aides or appointees. A political appointee who is reckless, power drunk or who as a result overzealousness or impunity violates the constitutional rights of other citizens is liable to be sued in court in a personal capacity and he or she will remain answerable to the legal suit even after leaving office. A word is usually not enough for the unwise.
(f) Political Appointees must avoid power tussle with the Permanent Secretaries as they are the Chief Accounting Officers but they are not in charge of the Ministry, Department or Agency. The Honourable Commissioner or other political appointee is the Political Head of the Ministry and ranks higher in protocol than the Civil servants. Truth be told, civil servants do not like it that political appointees are routinely appointed to boss them or supervise their activities. Civil servants are not as innocuous as they appear. Civil servants are indispensable as institutional memories and formidable gatekeepers of probity yet there is hardly any malfeasance in the bureaucracy without their tacit or explicit imprimatur. Enough said!
(g) There is no fixed term or security of tenure for political appointees except at the Governor’s pleasure. Unlike a member of the legislature elected to serve a fixed term of four years subject to re-election to other terms, a political appointee has no fixed term of office. The Governor can remove any political appointee at any time and according to his whims and caprices. Political decisions are like coat of many colours. No query or prior notice may be needed. The erstwhile members of the legislature now appointed members of the executive may find this strange but this is the grave reality they must embrace. In a State Executive Council, only the Governor and Deputy Governor have secured term of four years unless any one of them is removed from office by the legislature. Hence, all other members of the enlarged State Executive Council or other personal aides of the Governor and Deputy Governor hold office at the behest or pleasure of the Governor. It is the prerogative of the Governor to reassign or disengage an appointee (appointees) whenever his or her services are not needed.
(h) Every political office holder must be conscious of posterity and remember that there is life after public office. Many political office holders do not reckon that no one holds office in perpetuity. Tomorrow will definitely come. Many former political appointees are not free to walk the streets or go into to the Ministry/Department/Agency of Government they presided because of issues of high handedness, wickedness, corruption and profligacy. Nigerians do not forgive! Do not squander your goodwill because a good name is better than silver and gold.
(i) Public office is not invitation to be a public enemy. Answer your phone calls and be friendly. Do not allow the pressure of work to bug you down. Do not maintain unreasonably social distance from old acquaintances. You will still need your friends after public office. A friend in public office is not expected to be a friend lost. Have time for family, friends and well-wishers but never at the expense of your official responsibilities. The friends of the office you occupy do not endure. They are merely there for what your office or table can afford. Family is the only thing you have got and will need to have after leaving office.
(j) Whether reappointed or a green horn appointee, it is important to “hear the heartbeat” of the Governor on all critical issues. The agenda of a well-meaning 2nd term Governor cannot be anything outside consolidation through continuous delivery of tangible and intangible dividends of democracy to the people and more importantly to finish strong. Only a selfless and altruistic cabinet can guarantee all these. This will be a practical impossibility without absolute loyalty. Those who know will validate that 99.99 percent loyalty is no loyalty in politics. The present Expanded Executive Council is not a re-election cabinet. It is a pure service delivery executive. Anyone nursing political ambition may very well clear with the boss or steer clear of his cabinet.
(k) No Ministry, Department Agency of government is more important than the other. Although some MDAs can be said to be Grade A, yet success in any public office depends largely on the political will and sagacity of the occupant of the office. You can transfer skill but you cannot transfer zeal.
(l) The Governor can reassign any appointee or keep any portfolio or responsibility to himself or any one of his choice. In this wise, it is waste of jurisprudential ink to argue as some have ignorantly done that the Governor was not right to name himself as the person in charge of the Ministry of Lands. Section 192(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that there shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State. The word “may” deployed here is discretionary. It is in the Governor’s absolute discretion to create any number of Ministries and or name Ministries including to assign Commissioners or persons to oversee same. Furthermore, section 193(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that the Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government. From a community reading of sections 192(1) and 193(1) of the Constitution above, it follows that what portfolio or designation or scope of responsibility assigned to the Commissioners is at the absolute discretion of the Governor. The Governor is the Chief Executive of the State as provided in section 176(2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. He may decide to keep any responsibility or portfolio to himself but he cannot be sworn in as a Commissioner.
That will be unconstitutional. The only Ministry the Governor must create is the Ministry of Justice. Section 195(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides that there shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and Commissioner for Justice of the Government of that State.
To whom much is given much more is expected.
A new normal is possible!
Prof Obiaraeri, N.O
