FCCPC Act: Did Tinubu Break the Law?

A legal review of the Federal Competition and Consumer Protection Commission (FCCPC) Act, 2018, suggests that President Bola Tinubu may have violated the law in the unilateral removal of the agency’s Executive Vice Chairman, Babatunde Irukera. The FCCPC Act stipulates that the President cannot dismiss the FCCPC head without seeking Senate approval, especially when a valid case has been established against the individual. The Act provides specific grounds for suspension or removal, subject to Senate approval. As there is no evidence of Senate approval in Irukera’s case, questions about the legal validity of his removal have been raised.

Key Points:

• President Bola Tinubu announced the “immediate dismissal” of Federal Competition & Consumer Protection Commission CEO Babatunde Irukera as part of plans to restructure and reposition government agencies protecting consumer rights.
• A legal review of the FCCPC Act, 2018, indicates that the President cannot unilaterally remove the FCCPC head without Senate approval.
• Grounds for suspension or removal, as outlined in the Act, include qualifications, incapacity, absenteeism, or serious misconduct, subject to Senate approval.
• The absence of evidence regarding Senate approval raises legal questions about the validity of Irukera’s removal.

Legal Framework:

• The Federal Competition & Consumer Protection Commission Act outlines procedures for resignation, suspension, or removal of commissioners, including the head of the organization.
• Grounds for removal include qualifications, incapacity, absenteeism, or serious misconduct, subject to Senate approval.

Implications:

• The unilateral removal of FCCPC CEO Babatunde Irukera without Senate approval may face legal scrutiny for potential non-compliance with the Federal Competition & Consumer Protection Commission Act.
• Legal experts may analyze the legal framework governing the removal of public officers, emphasizing the importance of adhering to established procedures.

The legal review suggests that the removal of the FCCPC CEO might face scrutiny for potential non-compliance with the legal framework established by the Federal Competition & Consumer Protection Commission Act.