- ‘CAC SHALL RISE AGAIN’
A WHISTLE BLOWING ACCOUNT OF THE TENURE OF A.G. ABUBAKAR, THE OUT GONE REGISTRAR-GENERAL OF CORPORATE AFFAIRS COMMISSION, JANUARY 7TH 2020 – 13TH OCTOBER, 2023.
2. THE TOTALITARIAN CAC
VICTIMS’ ACCOUNT OF THE HUMAN RIGHT ABUSE AND OTHER ILLEGALITIES OCCASIONED BY THE OUTGONE REGISTRAR-GENERAL OF CORPORATE AFFAIRS COMMISSION, A.G. ABUBAKAR.
The following two documents include important lessons for all trade unionists. We may suffer dictatorial bosses/ogas, but if we are united, we will be victorious in the end. That is why we say “The workers united will never be defeated!” If you have a high-handed manager in your office/workplace then if you get properly organized, the lesson from the workers at the Corporate Affairs Commission (CAC) is that you can also win the removal of that dictator!
‘CAC SHALL RISE AGAIN’
A WHISTLE BLOWING ACCOUNT OF THE TENURE OF A.G. ABUBAKAR, THE OUT GONE REGISTRAR-GENERAL OF CORPORATE AFFAIRS COMMISSION, JANUARY 7TH 2020 – 13TH OCTOBER, 2023.
In a typical democratic set-up, it is a normal thing for a new administration that takes over to make appointment into those positions termed as political offices. The civil service always remains neutral and ready to work with whosoever is appointed without any sentiment.
When on Friday 13th October, 2023 His Excellency president Bola Ahmed Tinubu GCFR appointed Ishaq Hussaini Magaji SAN as the new Registrar-General of Corporate Affairs Commission and removed A.G. Abubakar, it was an abnormal, unprecedented and astonishing situation, the celebration galore by the staff of the Commission that followed the announcement, which continued up till Monday morning the 16th of October 2023, throwing away the neutrality concept of a civil servant.
This write up, is an insider account that seeks to explain what happened during the tenure of the out gone Registrar-General, the reason for the celebration of his exit, the hope and expectation of what the change in the leadership would bring to the Commission, its staff and the country at large.
In the Beginning ‘The Golden Generation’
With the return to democracy in 1999, government did not waste time in taking decisions and policies that will improve the country’s economy. One of those decision, was the re-organization and restructuring of the Corporate Affairs Commission in 2001. A new Registrar-General in Person of Alhaji Ahmed Al-Mustapha was appointed; scores of young and talented Nigerians across various field of study were equally employed and injected into the system.
The New leadership took charge of affairs with firm knowledge that the Commission is a major pillar in the implementation of government policies on economic development, being the only federal government agency charged with the responsibility of the administration of the Companies and Allied Matters Act (CAMA) the law that will guarantee enabling environment for businesses to prosper, with multiple value chain that can turn around the economy by way the establishment and running of more businesses, more products and services for the benefit of the citizenry, more job opportunities for our unemployed youth, more revenue into the coppers of government. This is in addition to the direct employment being provided to its staff; and the indirect employment being provided to its service users (professionals), service providers, suppliers and numerous artisans and vendors around its office premises across the country.
Therefore, they developed and diligently implemented a well-articulated Vision and Mission for the Commission, namely – ‘To be a World Class Companies Registry’; and ‘To Provide Excellent Service Delivery through the Best Technology, driven by a Motivated Work Force’.
Accordingly, those young talents were exposed to both local and foreign training on ICT and excellent service delivery, and their welfare including promotion/career progression as at when due was equally ensured.
Within a short period of time, the human resource investment yielded result. Several reviews and overhaul of processes and procedures were carried out. The entire companies practice, administration and regulations in Nigeria was reformed. The erstwhile inefficient and ineffective Corporate Affairs Commission was transformed to a ‘world class companies’ registry’.
Moreover, and most importantly, the Commission excellently played its role in the implementation of all government policies on the economy, which ultimately lead to the success recorded by the country since return to democracy e.g. the improvement of the country’s rating on ease of doing business, the growth and development of SME’s and the emergence of Nigeria as the largest economy in Africa.
In addition, there was tremendous improvement in the revenue generation which was able to cater for the staff welfare, capital projects that included the construction of Head Office in Abuja, the financing of on-line project, establishing of offices in all the states of the federation and improved remittance of operation surplus to government coppers.
The Crux
Problem started when successive Management derailed from the Mission of the Commission and considered the welfare of staff as a liability that must be curtailed because it deflates overhead and capital project cost that they now manage with renewed appetite of insatiability.
Ironically, this category of staff joined the Commission from other organizations as senior staff and enjoyed the welfare of promotion as at when due, to now occupy the positon of management/executive.
This is the crux of the matter that breeds continuous decline in the service delivery, poor implementation of government policies on the economy, incessant industrial action, needless litigation, brain drain and dearth of companies’ regulators/administrators in the country.
The Tenure of A.G. Abubakar
When on the 7th of January, 2020 president Muhammadu Buhari GCFR appointed A.G. Abubakar as the substantive Registrar-General of Corporate Affairs Commission, it was applauded by majority of staff out of the believe that he is an insider that knows the problem of the organization. Although there were some reservations and pessimism by some segment, it was however, never foreseen to be the beginning of a catastrophe that will spell doom on the Commission, its staff, and the country’s business community.
A.G. Abubakar – who first joined the Commission in 2006 as Principal Manager from the defunct Nigeria Social & Industrial Trust Fund (NISTF), who also enjoyed unhindered promotion to attain the rank of a Director in 2017- surprisingly started his stewardship by unilaterally taking and implementing decisions that stagnates staff in contravention of the constitution of the Federal Republic of Nigeria, the Companies & Allied Matters Act, Public Service Rules and International Labor Organization (ILO) convention against slavery and collective bargain.
He also unilaterally took the decision to bar customers from gaining entry into the premises of the Commission to obtain services in contravention of CAMA, SERVICOM, and Ease of Doing Business.
These unilateral decisions, high handiness and abuse of office necessitated the only Staff Union in the Commission then, The Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE) to appeal to The Board of the Commission for its intervention. When there was no positive result, the Union issued a 21-day ultimatum to embark on industrial action, in demand for accountability.
Barely less than 24 hours to the expiration of the ultimatum on the 12th of January 2021, instead of the Registrar-General to embrace the last minute dialogue initiated by the then permanent secretary Ministry of Trade and Investment Dr. Gwarzo, he went berserk and began unleashing series of tyrannous actions that portrays the country in the image of a totalitarian society:
i. He invited armed thugs and stationed them at the Commission’s head office premises in Maitama Abuja with the mandate to crush any union member that attempts picketing the office – a dangerous move that forced the union to suspend the action by 2 weeks to avert bloodshed.
ii. He issued a circular disbanding the Union (AUPCTRE) from the Commission. He also dissolved its executives and vindictively transferred them out of Abuja, including the married women among them.
iii. Further, he invited the National Officers of the SENIOR STAFF ASSOCIATION OF STATUTORY CORPORATIONS AND GOVERNMENT OWNED COMPANIES (SSACGOC) who came and forcefully unionized the senior staff of the Commission. He then handpicked his errand boys and got them inaugurated as care-taker committee till date.
iv. He also set up a committee to investigate the account of a smoothly on going housing project embarked by AUPCTRE with its fund, and eventually instituted a ridiculous disciplinary process against 3 executives of Union which lingers till date despite a court order declaring such action as null and void in the case AUPCTRE vs THE COMMISSION NICN/ABJ/62/2021.
v. The Registrar-General continued his reign of terror against his staff that are too numerous to mention, which however includes suppressing the Right to Freedom of Expression using coercion and oppression by way vindictive transfer of staff, witch hunt, discrimination, unlawful disciplinary proceedings, cruel and mischievous litigations in waste of public fund etc. (For details of his abuses, see our other whistle blowing write-up titled ‘The Totalitarian CAC’)
Staff became depressed, subdued and subjugated during his tenure. Many well trained staff and experts in the field of companies’ regulation and administration in the country resigned and left the services of the Commission.
The atmosphere of efficient and effective service delivery guided by law and best world practice went extinct in Corporate Affairs Commission, leaving the scene to bootlickers, jesters and sadists.
There has been a complete inefficiency and ineffectiveness in the delivery of services. The main function of the Commission – the administration and enforcement of the Companies and Allied Matters Act (CAMA) 2020; the implementation of Federal Government policies and directives on the economy e.g. Ease of Doing Business, SME’s development, Millennium Goals Development were being carried out with incompetency, quackery and hype.
To give a tips of the iceberg-
-while the Federal Government encourages small scale enterprises development by financing their registration fees of 10,000 Naira under MSME Survival Fund, the Commission on the contrary curtails the growth of such enterprises by levying them huge and unbearable amount of money under the guise of enforcement of CAMA 2020;
– also, the Registrar-General unilaterally issued a circular mandating all schools to register as a limited liability in contravention of the National policy on Education and inimical to the country’s attainment of Sustainable Development Goals.
– the Registrar-General formed the habit issuing unilateral and arbitral instruction and registration guidelines in contravention of the principles of transparency in governance to the extent that Corporate Practitioners were avoiding Brief because of the embarrassment and loss of reputation it causes to them. This in addition to the unending and unabated challenges they do encounter with the Commission’s registration portal.
As at this moment, the Commission’s portal is fully populated with thousands of applications for registration that could not be processed because of the inability of Nigerians to comply with the unjust, unfair and ridiculous query and/or penalty raised or imposed on them as the case may be. At a point in time, the Commission issued a Public Notice on its resolve to delete such applications that have been pending in its database for a long period of time which sparked avalanche of protest and Notices for legal action.
There has been series of call-out of the Registrar-General by individuals and organizations including the Nigerian Bar Association (NBA), the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE). Similarly, several petitions against his actions were filed in many places including the Code of Conduct, ICPC, DSS and The Presidency.
From the foregoing, it can be clearly seen that the Corporate Affairs Commission staff were celebrating-
the end to human right abuse, breach of rule of law, maladministration and incompetency;
the hope of an end to decline in service delivery, poor implementation of government policies on the economy, incessant industrial action, needless litigation, brain drain and dearth of companies’ regulators/administrators;
the hope for the restoration of efficient and effective service delivery in the Commission, guided by law and world best practice for the improvement of the country’s economy, revenue generation and staff welfare;
the hope for restorative justice to the staff oppressed and victimized;
the hope for preventive and deterred justice against the oppressor; and
the hope for a re-organization of the system for continual improvement and effective succession.
However, beyond the celebration there lies a herculean task that the new Registrar-General, Ishaq Hussani Magaji SAN cannot accomplish alone without the maximum support and cooperation of the entire staff of the Commission.
We conclude with a prayer for the Almighty to guide and protect Mr. President, his cabinet members, his appointees and of course our brand new Registrar-General to success in the discharge of their respective task.
Long Live the Federal Republic of Nigeria!!!
Signed: Concerned CAC Staff
18th October, 2023
THE TOTALITARIAN CAC
VICTIMS’ ACCOUNT OF THE HUMAN RIGHT ABUSE AND OTHER ILLEGALITIES OCCASIONED BY THE OUTGONE REGISTRAR-GENERAL OF CORPORATE AFFAIRS COMMISSION, A.G. ABUBAKAR.
Introduction.
The appointment of Ishaq Hussaini Magaji SAN as the new Registrar-General of Corporate Affairs Commission (CAC) and the removal of A.G. Abubakar by His Excellency, president Bola Ahmed Tinubu stands as the most notable so far by the administration because of the astonishing 2-day celebration galore by staff of the organization.
In the first of our twin whistle blowing write-ups titled ‘CAC Shall Rise Again’, we gave the reason, hope and expectation the celebration entailed, highlighting the maladministration of the outgone Registrar-General.
In this 2nd part, we bring to you victims’ account of the human right abuses and other illegalities during the 3 years 9-months tenure of the outgone Registrar-General.
There is a New Sheriff in Town.
Few days after his appointment the new Registrar-General on 8th of January, 2020, A.G. Abubakar unveiled his dictatorial leadership style, when on the day of Armed Forces Remembrance, 15th January, 2020, he came to office as early as 8:45am (something he was never known for since he joined CAC in 2006), and sat at the entrance lobby together with the security men harassing and confiscating the ID cards of every staff that came in afterwards including that of the then Director of Human Resource. He thereafter directed that names of the staff be written and issued with a Query, when it is a well-known fact for residence of Abuja that there is always traffic diversion and consequential hold-up around the axis of Maitama, Asokoro on such days.
In any case, although he arrogantly withdrew the Query having been educated that his actions breached CAC conditions of service which stipulates that only late coming for more than 2 days in a month attracts punishment, but the hand writing was very clear, ‘There is a new sheriff in town who respects no law, rule or convention’.
The ‘CoronaLockdown’Returnees.
When the first phase of ease of national lockdown was announced and some category of staff were directed to resume office on 4th May 2020, some staff that traveled to their families in other states outside Abuja, did not make it back on time because of inter-state movement and flights ban in force.
On the morning of the 2nd day, our New Sheriff took a roll call of those that did not return and imposed on them the punishment of salary stoppage in total contravention of their Right to Fair Hearing guaranteed by the Constitution and reiterated by the Rules of Public Service.
He refused to pay them even when by the 3rd day most of them had resumed. He was not sympathetic and emphatic to the fact that the entire country was under lockdown for over 2 months, the staff were therefore in dire need of that salary.
The Kano Dalits.
The Dalits or The Untouchables are the lowest class in the medieval cast system of India who had no dignity whatsoever to be respected. This was the treatment our New Sheriff gave to the staff that returned from Kano, after the announcement of the first phase of the ease of lockdown.
It could be recalled that during lockdown, there were reports of mass death in some states including Kano. Our New sheriff, singled out staff that returned from Kano and directed that they should not be allowed entry into the office premises until they observe two – week isolation, because in his words, “they came from the state where people are dying”. And his version of isolation was that, they would come to office in the morning, sign-in attendance register specifically kept for them outside the office main gate, hang around, only to return to the gate at close of work in the afternoon to sign-out. That was the breach of the constitutional Right to Human Dignity and the Right to Freedom against Discrimination, the Kano Dalits suffered. He was adamant and unsympathetic to the fact that they paid exorbitant amount to pass the various inter-state movement check point, or the risk they took to join trucks hauling agricultural products in order to resume office on time.
Ironically, after all the humiliation he did to Kano and its people, we learnt that he acquired a house and office premises in the state, as he intends to relocate and set up his law practice there.
Guilty as Charged.
One of the unfavorable decisions of A.G. Abubakar was the banning of customers from gaining entry into the premises of CAC to obtain services. The customers argued that their Right to gain entry is derived and guaranteed under CAMA and Companies Regulation 2022. With few days left for the commencement of the directives and the Registrar-General’s refusal to give them a listening ear, the customers mainly lawyers staged a peaceful protest inside CAC head office building.
During the protest, some staff (2 women), who were coming out from staff canteen at the 3rd floor got stacked in the crowd at the stair case lobby. Some birds whispered to our New Sheriff that the two women actually took part in the protest. Instead of referring the matter to Human Resource Department for proper investigation and appropriate disciplinary proceedings as stipulated under the condition of service, he passed the sentence of guilty as charged by vindictively transferring them outside Abuja. The married one with children was transferred to Port Harcourt, while the other young and charming lady was condemned to service in the “state where people are dying”.
Tyranny Unlimited
The unilateral decisions, high handiness and abuse of office by A.G. Abubakar necessitated the only Staff Union in CAC, the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE) to appeal to CAC Board for intervention. When there was no positive result, the Union issued a 21-day ultimatum to embark on industrial action in demand for accountability.
Barely less than 24 hours to the expiration of the ultimatum on the 12th of January 2021, instead of the Registrar-General to embrace the last minute dialogue initiated by the then permanent secretary Ministry of Trade and Investment Dr. Gwarzo, he went berserk and began unleashing series of tyrannous actions that portrays the country in the image of a totalitarian society:
i. He invited armed thugs and stationed them at the head office premises with the mandate to crush any union member that attempts picketing the office – a dangerous move that forced the union to suspend the action by 2 weeks to avert bloodshed.
ii. He issued a circular disbanding the Union (AUPCTRE) from CAC. He also dissolved its executives and vindictively transferred them out of Abuja, including the married women among them.
iii. Further, he invited the national officers of the Senior Staff Association of Statutory Corporations and Government Owned Companies (SSACGOC) who came and forcefully unionized senior staff of CAC. He then handpicked his errand boys and got them inaugurated as care-taker committee till date.
iv. He also set up a committee to investigate the account of a smoothly on going housing project embarked by AUPCTRE with its fund, and eventually instituted a ridiculous disciplinary process against 3 executives of Union which lingers till date despite a court order declaring such action as null and void in the case AUPCTRE vs THE COMMISSION NICN/ABJ/62/2021.
The Registrar-General continued with his reign of terror, suppressing the Right to Freedom of Expression using instrument of coercion, vindictive transfer, witch hunt, discrimination, unlawful disciplinary proceedings, cruel and mischievous litigations in waste of public fund. While his errand boys patrol every nook and cranny of CAC as their conquered territory, threatening staff to join their union and competing amongst themselves, the reporting of gossips and lies against staff for eventual victimization.
i. In addition to the union officials, more than 30 other staff including married women with children were also transferred along because of as minor issue as emoji wave of hand or nod on the union (AUPCTRE) telegram platform.
They were equally prevented from taking any leave until after 6 months of their transfer contrary to rules of public service.
ii. We mentioned the ridiculous disciplinary action against 3 union officials pending since 2021 and the court judgement declaring the action null and void. Moreover, by the rules of public service, no disciplinary matter should last more than 6 months, but up till his inglorious exit, A.G. Abubakar did not obey the court order or conclude the disciplinary process against the union officials thereby denying them the chance to sit in the skewed 2021 and 2022 promotion exercise he conducted.
iii. We have the case of a staff who has been on suspension for over 3 years because his disciplinary matter has been pending since then.
iv. There is the case of executive staff whose disciplinary matter has not been concluded even after his mandatory retirement over 2 years ago. His retirement benefit has been cruelly withheld by A.G Abubakar despite the fact that a ‘Letter of Advice’ is the maximum sanction that could come out from the matter, when concluded.
v. There is the case of his predecessor, the Acting Registrar-General that was suspended because of her indictment at the Code of Conduct Tribunal (CCT). Her matter is yet to be concluded at the tribunal even after her mandatory retirement over 2 years ago, and her retirement benefit has been withheld by A. G. Abubakar. She took the matter to court and argued that withholding her fruits of 35 years of service is wrong and unconstitutional, it is actually an execution of a judgement that has not been passed. It means A.G Abubakar (not CCT) has passed a sentence and levied her benefit for execution. The court directed for out of court settlement, but up till his inglorious exit, A.G. Abubakar refused to give the woman a listening ear.
vi. There is the case of staff that was wrongfully dismissed, who took the matter to court and won, but A.G. Abubakar cruelly appealed on the judgement, thereby shifting the goal post.
vii. There is the case of an executive staff that was wrongfully suspended for 6 months, he took the matter to court and won, but A.G. Abubakar cruelly appealed on the judgement just for the fun of delaying the fruit of his judgement.
viii. There are scores of other cases against CAC on wrongful dismissal or illegal disciplinary issues that are pending in court. There are equally scores of other ridiculous disciplinary processes against staff that are pending in the CAC, including that of the AUPCTRE CAC Branch Chairman who has been on suspension for over 4 months.
ix. We have the case of a staff who was heading a state office; he voluntarily resigned his appointment and paid the 3-month salary in lieu of notice which was received, and another staff was deployed to replace him. Surprisingly, A.G. Abubakar made U-turn, denied the approval for the retirement and directed the staff him to resume back to his station and work under his junior that was posted to replace him. The reason being that he has a pending disciplinary matter for over 2 years that would ironically fetch him the maximum possible sanction of ‘Warning Letter’.
x. We have the case of a married woman with children that was punitively transferred from Port Harcourt to Abuja for simply doing her work. The woman replied a phone request by a customer that he cannot be allowed entry (in line with the existing policy in CAC), coincidentally it was in the presence of SERVICOM officials on routine visit to CAC port Harcourt, who in their final report took up the matter with A.G Abubakar and kicked against the policy. Instead of him to own up, he denied and attempted to make the poor woman scapegoat by commencing a disciplinary process against her. Luckily, her head of department courageously stood by her side there by killing the process on arrival. But in a typical style of A.G. Abubakar “guilty as charged” he slammed her with instant transfer to Abuja along with one other innocent married woman, a religious leader for that matter, just to disguise his motive.
xi. We have the case of A.G. Abubakar closing down Lagos Island office and transferring the staff (majority married women) to Abuja most probably for the fun of it, because in the language of one of his errand boys “they look too settled and comfortable”.
The situation in Corporate Affairs Commission under A.G. Abubakar was so terrible, horrible and unbearable, staff therefore became depressed, subdued and subjugated leading to their mass exodus.
Even at that, A.G. Abubakar still made the exit difficult by releasing a circular banning the existing practice that allows staff to voluntarily resign by only submitting their letter with the consent that the 1 or 3-month salary in lieu of notice (as the case may be) should be deducted from their benefit. In other words, CAC staff became serfs in their country and place of work, they must work extra hard to save money for their emancipation.
There were series of call-out of A.G. Abubakar by individuals and organizations including the Nigerian Bar Association (NBA), the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE). Peaceful protest against his actions were also staged by Lawyers and NLC personally led by its former president Comrade Ayuba Waba. Similarly, several petitions against his actions were filed in many places including the Code of Conduct, ICPC, DSS and the Presidency.
From the foregoing, it should not therefore be surprising, when the removal of A.G. Abubakar was announced, the Headquarters and all other CAC offices (though not reported) erupted into wild jubilations. Sincerely speaking, the expression on the large banner erected during the celebration that reads “CAC IS FREE AT LAST” was an understatement. It was an escape, a celebration for emancipation.
However, beyond the celebration or “show of stupidity” as remarked by one of his errand boys, there is indeed a serious threat to our civilization and collective existence as an independent and democratic nation.
To be fair to those his supporters that alleges the man is good and that CAC staff are corrupt, this matter should not be swept under the carpet or left as a mere trending topic on media. It should be thoroughly investigated, so that justice shall be done.
Since the matter involves servants of government, let the institutions responsible for their discipline take charge. The office of the Head of Service of the Federation, the Ministries of Trade and Investment, Labor, and Justice; the DSS, Code of Conduct, ICPC, EFCC, Human Rights, and Public Complaints should swing into action to unravel the truth.
Furthermore, both international and domestic Labor, Professional, Human Right and Women Liberation organizations should follow up the matter to ensure its fair and speedy conclusion, including seeking legal redress for the victims of the abuses if, or when established.
The International community will never believe Nigeria’s commitment to rule of law, tackling of insecurity, eradicating corruption and developing the economy with such embarrassing revelation coming out from its public service.
No International Investor will take Nigeria serious, when one of its agencies, a key pillar to implementation of its policies on economy is shrouded by indiscipline, illegality and human right abuse as the case may be.
We conclude with a prayer for the Almighty God, to guide to success and grant protection to Mr. President, his cabinet members, his appointees and of course the new Registrar-General, Ishaq Hussaini Magaji SAN in the discharge of their respective task.
Long Live Mr. President,
Long Live Corporate Affairs Commission,
Long Live the Federal Republic of Nigeria!!!
Signed: Concerned CAC Staff
19th October, 2023
