FIRS Appointment: APC chieftain asks Fowler to step aside before screening by Senate

Mr Babatunde Fowler

WorldStage Newsonline-- Deputy National Publicity of the governing All Progressives Congress (APC) Comrade Timi Frank has advised the newly appointed acting Executive Chairman of the Federal Inland a Revenue Service (FIRS), Dr. William Babatunde Fowler to step aside for Senate clearance to avoid a situation where the legislators will reject his appointment for assuming office without clearance.

In a statement, Frank said while it was commendable for Buhari to appoint Fowler, a tax administrator of repute to oversee the affairs of the FIRS, assuming office without waiting for clearance of the senate is a breach of the law establishing the agency.

Citing Section 3(2a) of the FIRS Establishment Act, 2007, which states that "the Executive Chairman of the Service is to be appointed by the President and subject to the confirmation of the Senate", the APC spokesman said the only option left for Fowler was to step aside to prove to the Senators that his assumption of office was not deliberate and meant to undermine them.

He said further that senators are already spoiling for a showdown with him when he eventually appear before them for screening, pointing out that stepping aside now will pave the way for the Senate to do their as proscribed in the laws if the land.

He said that while some may argue that since he as assumed office, he should allowed to carry on his duties, his action does not have any legal backing and can be challenged in court.

He said "Where does Fowler derive his authority with which he now presides over the Board of the Federal Inland Revenue Service (FIRS)? He has since assumed office and carrying out the duties of the office. Do we let him go in view of the present financial quagmire in the country? I don't think we should be swayed by arguments that we have gotten a czar to dress our financial wounds.

"It is wrong for an appointee, who is supposed to be confirmed by the Senate before appointment, to assume office and then come for confirmation. In such situation, the man is already enjoying the pecks of office and the confirmation is being made to look like a fiat accomplished.

"What we are seeing concerning these appointments amount to an offence and gross breach of the constitution. I am aware that senators are peeved by this conduct and there is the thinking that some of those who have assumed office might have disqualified themselves. The lawmakers consider the development as an abuse of their respect for Buhari and that the act is undermining the Senate. They will also be asked what legal grounds they relied on to assume duty when the Senate was yet to confirm them," he stated.

Frank said the FIRS boss should step aside and allow himself to be screened and confirmed by the Senate as stipulated by law, saying "Should he fail to do this I will be compelled to seek judicial remedy against this rape on our democracy and extant laws. "Even though our nation is currently in dire straits financially and revenue from taxes are urgently required to complement oil earnings, that is not to say that the laws of land should be sacrificed on the altar of economic expediency. Let Fowler fulfill the law before administering the law.

"As far as Nigerians are concerned, all his actions since he illegally assumed office are not only null and void but actionable. For this, I shall go to court whether Fowler is cleared or rejected by the Senate. He has violated the Constitution and he knows that.

"Let him step aside to prove to Nigerians that his assumption of office in such flagrant manner was done inadvertently. To continue to cling to the office and expect the Senate to forgive him his sins would amount to grave impunity.

"The dream of every Nigerian, moving forward under the present administration led by President Muhammadu Buhari, is to have a government and country where the rule of law is supreme.

"Buhari has done well by searching out Fowler - a tax administrator of repute - to oversee the activities of the Board of the FIRS. However, I don't think the refusal to wait for confirmation by Fowler can be blamed on Buhari.

"The onus lies on Fowler to retrace his steps now as he cannot claim not to know that he is assumption of office on Tuesday 25, August 2015 is in breach of the law. We cannot afford to break the laws at will only to administer the laws on citizens who may be in breach of the law in relation to taxes."