Okiya Omtatah is no stranger to the corridors of justice, if anything the Human Rights activist should get a room in the Courts as he seemingly spends most of his days there.
Okiya Omtatah has today filed a suit seeking to suspend interviews for candidates shortlisted for appointment as Commissioners of the National Cohesion and Integration Commission (NCIC). According to the activist, the interviews, set to be conducted by the National Assembly are unconstitutional arguing that they ought to be carried out by the Public Service Commission and the Executive instead.
“To the extent that the Legislature is recruiting persons for appointment as commissioners of the NCIC, a function which pursuant to Articles 1(3)(B) and 234 of the constitution, falls squarely under the Executive and the Public Service Commission, the principle of the separation of powers is violated,” reads the petition by Omtatah.
Omtatah in his petition also stated that the decision by the National Assembly to usurp the powers of the Public Service Commission, by recruiting person for appointment as commissioners of the NCIC, violates Article 234(2) of the Constitution on the functions and Powers of the Commission which states:
(2) The Commission shall–
(a) subject to this Constitution and legislation––
(i) establish and abolish offices in the public service; and
(ii) appoint persons to hold or act in those offices, and to confirm appointments;
(b) exercise disciplinary control over and remove persons holding or acting in those offices;
(c) promote the values and principles referred to in Articles 10 and 232 throughout the public service;
(d) investigate, monitor and evaluate the organisation, administration and personnel practices of the public service;
(e) ensure that the public service is efficient and effective;
(f) develop human resources in the public service;
(g) review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the public service;
(h) evaluate and report to the President and Parliament on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the public service;
(i) hear and determine appeals in respect of county governments’ public service; and
(j) perform any other functions and exercise any other powers conferred by national legislation.
The vacancies on the NCIC were announced via an advertisement placed by the National Assembly, inviting qualified and interested parties to apply. The said interviews for the shortlisted candidates are scheduled to start next week on Monday and end on Wednesday 14 November.