Governor Hope Uzodimma of Imo State recently announced himself as the commissioner in charge of lands, citing the need to avert the recurrence of inadequacies under the previous commissioner he appointed and to restore public confidence in the ministry. While the governor may be genuinely concerned about the performance of any of his previous appointees, it should, however, be amusing how he came to the rather puzzling conclusion that no one else apart from himself is fit to preside over the Ministry of Lands in Imo State. Whatsoever could be the motivation for his decision, the governor must be reminded that usurpation of the office of the commissioner for lands under whatever guise violates the spirit and letter of the 1999 Constitution to which he swore allegiance.

Chapter 6, Part 2, Section 192 of the 1999 Constitution enunciates provisions that make the appointment of a commissioner in any state of the federation statutory and more importantly, prescribes nomination by the governor and approval by the House of Assembly as a condition for such appointment. The reason Uzodimma advanced for his action sounds ludicrous and untenable as there could be no valid basis for such blatant indulgence in democracy. If he covets the post of commissioner of lands in Imo State, he can so aspire to be appointed upon leaving office. Democracy is guided by rules by which actors, irrespective of their positions, must be seen to derive legitimacy for their actions.

The governor could have chosen to oversee the affairs of the Ministry of Lands by assigning a special adviser who would be answerable to him if appointing a commissioner to that office had become Achilles’ heel under his watch. By declaring himself as the commissioner without recourse to the process outlined in the constitution, the governor simply overreached himself and, by so doing, took the sensibility of the public for granted. It should also be worrisome that Uzodimma derived motivation from such flagrant sidestepping of the constitution which has gone unchallenged or maybe condoned in utter mortification. Uzodimma, apparently encouraged by the undemocratic plunge, merely took a cue from a similar abnormality that is, unfortunately, becoming a norm concerning the usurpation of the office of substantive Minister of Petroleum Resources at the federal level. Even at that, successive presidents, including the current one still deemed it appropriate to appoint a minister of state for the ministry, which, in any case, leaves the crucial question largely unanswered as to the desirability of Mr. President assuming the duty of petroleum minister.

Uzodimma’s decision resonates with the flippancy with which individuals who wield executive powers in Nigeria violate the constitution as well as undermine due process with abandon. Disregarding established protocol vested in the Ministry of Lands, by not only rebuffing substantive appointment of a commissioner but also by self-appointing himself boils down to playing the Ostrich. It is either the governor has lost the moral compass to put under check whoever he appoints as commissioner for whatever reason or he is consumed by the desire to act exclusively by undermining the functions of that office without being accountable to anyone, concerning the ministry of lands which is usually regarded as juicy because of the significant economic importance. Whatever the case, it is an abuse of trust when a public officer who swore an oath of office under the constitution deliberately acts in breach of the statute by usurping the function of an office duly recognised by the same constitution. It is instructive to reiterate that by appointing himself as commissioner for land, Uzodimma has violated the provision of the constitution which makes the submission of name and particulars of nominee for such office to the House of Assembly mandatory for confirmation.

We advise the governor to reconsider his self-appointment which is undeserving apart from its unconstitutionality. He should demonstrate genuine concern, regarding the menace of land grabbing which is not peculiar to Imo State, by ensuring that his government takes decisive action against perpetrators who are often highly connected with political actors. The governor doesn’t need to re-designate himself as a commissioner to take on land grabbers who are often not unknown individuals in the society. What is required is for the government to ensure that relevant laws are implemented with necessary measures put in place to impose sanctions and discourage impunity. We strongly believe that Imo State has enough competent individuals with professional as well as career pedigree to perform creditably as commissioner for lands. What is important is to create the right environment that will encourage individuals with genuine motivation to service the people of Imo State.

It Is within the mandate of the governor as chief executive to ensure that all ministries, agencies and departments including those relating to land matters function in a transparent manner and conformity with the expectation of ideals of open governance and accountability. We are convinced that the Ministry of Lands in Imo State could function creditably under the supervision of a substantive commissioner. We do not accept that the only way Uzodimma can bring about sanity in any of the statutory ministries under his watch is to rubbish the requirements of the 1999 Constitution by self-appointing himself in complete disregard of the approval of the House of Assembly. (Daily Trust)

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