JReverse unlawful contract appointment of kperogi now, ENetSuD tells KWHA

By Jimoh Sulyman
An Anti corruption Civil Society organisation, The Elites Network for Sustainable Development (ENetSuD) has demanded the Kwara state House of Assembly to reverse the  unlawful contract appointment of its clerk,Hajia Halimat Jummai Kperogi.
The group made the demand in a letter sent to the speaker of the House,Rt. Hon. Yakubu Salihu Danladi and signed by its Director, Legal Services ,Lukman Raji on Monday.
EnetSuD described the House approval of the contract appointment of Kperogi  which will further extend her stay in office for another year having previously extended it by six months as unlawful and illegal.
The group stressed that it is beyond the legal power of the House to appoint the clerk on contract basis ,saying that such action is, “tantamount to committing illegality ab initio. By section 9 of the Kwara State House of Assembly Service Commission Law 2018 (as amended), “
The section reads, “There shall be a Clerk to the House who shall be the accounting officer of the House and shall be appointed from among the Directors in the House of Assembly not below grade level 17. “
“From the above section, it is clear without ambiguity that only a serving Civil/Public Servant can be appointed as Clerk to the House, not a Contract staff or retiree.” the group stated.
They also noted that, in a situation whereby there is no Director that can fill the position of the clerk the house commission can only deploy qualified person from other part of civil service within the state either on secondment or transfer of service to the commission.
They said, “We wish to also state that assuming without conceding that there is no Director or any other person that can be appointed as substantive Clerk to the House at the retirement of the former substantive Clerk to the House in compliance with section 9 (1) of the Law, sections 11 and 13 of the same law allows deploy qualified person from other part of civil service within the state either on secondment or transfer of service to the commission.
“Rules for contract appointments are as contained in paragraphs 02401 to 02411 of the Kwara State Government Public Service Rules, Hajia Halimat Jummai Kperogi did not fall into the category of somebody who can benefit from the rules. This is because, the position of the Clerk to the House is not a special post where any other qualified hand cannot be seen in the Kwara State House of Assembly Service Commission or the Kwara State Civil Service.” the letter reads.
The group urged the speaker of the House to put the round peg in the round hole by complying with the clear provisions of your law, reiterating that ,”The body making law should not be seen violating the law made by it as in this case.” they said.
 The CSO however charged the house to hearken to it warning, noting that failure to do so in 14 days ,would result in the group taking legal actions.
“TAKE NOTICE that failure of the House to right the wrong within 14 days from the service of this letter on the House, we shall not hesitate to take other necessary actions/steps allowed by the law.” They noted.
The letter was also copied to the office of the Attorney General of Kwara State and The Chairman, House of Assembly Service Commission, Kwara State.
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