An Abuja-based Lawyer Maxwell Opara has filed an originating summons challenging the appointment of Mrs. Adepoju Caroline Wura-Ola as the Comptroller General of the Nigeria Immigration Service (NIS). Opara, the plaintiff in the case, argues that the appointment of Wura-Ola, who retired after completing 35 years of service, is unlawful and invalid.
The case, which is being heard at the Federal High Court in Abuja, is based on the interpretation of several legal provisions, including Section 3 of the Immigration Act 2015, Section 69 of the Immigration (Supplementary Act) 2017, and Section 8 of the Public Service Rules. Opara’s legal team contends that the combined reading of these provisions prohibits the appointment of a retired officer to the position of Comptroller General.
According to Opara’s argument, only the President of the Federal Republic of Nigeria, as the 1st Defendant, has the authority to make such an appointment on the recommendation of the Board of the Nigerian Immigration Service, which is the 4th Defendant in the case. The plaintiff asserts that the Board, without the approval of the President, does not have the power to appoint Wura-Ola or extend her service beyond her retirement date.
In support of his case, Opara has submitted a written address and a 21-paragraph affidavit detailing the facts and legal arguments. He further requests the court to issue several orders, including an immediate halt to Wura-Ola’s activities as the Comptroller General and a refund of any payments received by her after her retirement.
The case has garnered significant attention due to its potential implications for the rule of law and the proper application of relevant statutes. If successful, Opara’s case could lead to a re-evaluation of the appointment process for high-ranking public officials in Nigeria.
The court has yet to set a date for the hearing, and the defendants, including the President of Nigeria, the Attorney General of the Federation, and the Nigerian Immigration Service, have been given 30 days to respond to the originating summons.
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