Appointment, Removal of NAB Chairman

Author: Hafiz Ahsaan Ahmad Khokhar

In view of the latest amendment made in year 2022, there is a new prescribed procedure mentioned in section 6 of the National Accountability Bureau Ordinance 1999 for the appointment of a new Chairman NAB, and such appointment is made for a fixed three years term by the federal government and the term of Chairman is non-extendable.

The Chairman, National Accountability Bureau is to be appointed by the Federal Government in case the post becomes vacant after consultation between the Leader of the House and the Leader of the Opposition in the National Assembly. The consultation process between Leader of the House and Leader of the Opposition in National Assembly needs to be initiated two months prior to the expiry of the term of the outgoing Chairman and shall be concluded within the period of forty five days, if there is no consensus on the name of the Chairman, the names proposed by the Leader of the House and the Leader of the Opposition shall be forwarded by the Chairman of the Senate and Speaker of the National Assembly, as the case may be, to the Parliamentary Committee appointed under clause (iii) of section 6 of National Accountability Bureau Ordinance 1999 , which may confirm any one name for appointment as Chairman Provided that the Leader of the House and Leader of the opposition shall propose two names each for consideration of the Parliamentary Committee.

Thereafter, the Parliamentary Committee required under clause (ii) of section 6 of National Accountability Bureau Ordinance 1999 shall be constituted by the Speaker, National Assembly, comprising fifty percent members from the treasury benches and fifty percent from the opposition benches, based on their strength Parliament to be nominated by the respective Parliamentary Leaders, provided that the Parliamentary Committee shall recommend the name of the Chairman not later than thirty days. The law also explained that as per clause (IV) of section 6 of National Accountability Bureau Ordinance 1999, the total strength of the Parliamentary Committee shall be twelve members out of which one third shall be from the Senate, and if the National Assembly stands dissolved at the material time, all the members of the Committee shall be from the Senate.

As per clause (v) of section 6 National Accountability Bureau Ordinance 1999, the Chairman terms and conditions is determined by the Federal Government and he hold office for a non extendable term of three years, and shall not be eligible for subsequent appointment. The Chairman NAB cannot be removed from office except on the grounds and in the manner as provided in Article 209 of the Constitution, and upon the expiry of the term of Chairman and till the appointment of the new Chairman, the Deputy Chairman shall act as Chairman and in his absence, the Federal Government shall appoint an acting Chairman from amongst the senior officers of the NAB.

The Chairman NAB can resign from his seat any time before the expiry of his term under clause (VI) section 6 National Accountability Bureau Ordinance 1999, by writing under his hand, addressed to the Federal Government. As the present Chairman has resigned from the post before completion of his legal term, therefore, as per law the process is required to be initiated under section 6 of National Accountability Bureau Ordinance 1999 first between Leader of the House and Leader of the opposition in National Assembly for a new appointment, and if there is no consensus between them, the matter of new appointment would be decided by the Parliamentary Committee comprising both Houses constituted under clause (ii) of section 6 of National Accountability Bureau Ordinance 1999.

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