ILLEGALITY OF REMOVAL OF AMCON CHAIRMAN
1. By law, the Chairman of AMCON, once appointed, is to remain in office for five years.
2. Dr Muiz Banire, SAN had not completed his tenure when the President purported to have appointed another Chairman for AMCON.
3. The amendment of the AMCON Act does not automatically dissolve the existing Board or extinguish the offices previously created or already existing prior to the amendment.
4. Under and by virtue of section 6 (1) (b) of the Interpretation Act, the repeal of an enactment “shall not affect any right, privilege, obligation or liability accrued or incurred under the enactment.”
5. When a law is amended or repealed, there is a presumption of preservation of all things done under the previous law.
Under and by virtue of section 4(9) of the 1999 Constitution, no law can be enacted or amended to have retroactive effect.
Thus, the National Assembly cannot amend the AMCON Act to backdate it to disqualify Dr Banire as AMCON Chairman, when he was otherwise qualified at the time of his appoint under the old law.
8. By law, Dr Muiz Banire, SAN, is still the Chairman of the Board of AMCON.
The Senate cannot in law confirm the purported appointment of another Chairman for AMCON, when the existing Chairman has not exhausted his tenure or removed according to law.
Ebun-olu Adegboruwa, SAN
Lekki, Lagos.
