By Vivian Okejeme Abuja The Federal High Court, Abuja, yesterday, refused to grant an order of interim injunction stopping the National Assembly from probing the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), over the reinstatement of Abdulrasheed Maina into the Federal Civil Service.
Maina, erstwhile Chairman, Pension Reform Task Team, was dismissed from the Federal Civil Service Commission in 2013 for absconding from duty, following a recommendation by the office of the Head of Service.
He was, however, recalled and redeployed to the Ministry of Interior under controversial circumstances at the instance of the AGF. Sequel to his controversialreinstatement, President Muhammadu Buhari ordered Maina’s sack and asked Winifred Oyo-Ita, Head of the Civil Service of the Federation, to update him on the development.
The Senate, in October 24, 2017, mandated its committees on public service, internal affairs, anti-corruption, establishment and judiciary to probe the circumstances of Maina’s return to the country and the public service. The decision of NASS, particularly the Senate, to conduct a forensic investigation into the circumstances surrounding Maina’s recall, instigated Malami to fi le a suit against NASS.
In the court is a motion exparte, fi led by the minister, seeking an order restraining the National Assembly from probing his role in Maina’s recall.
However, Justice Binta Nyako, yesterday, refused to grant the order of injunction after hearing the ex-parte application brought by the AGF. The injunction seeking to stop the NASS from probing Mina’s reinstatement into the civil service was heard in the judge’s chambers. Furthermore, Justice Nyako ordered that the NASS be put on notice in respect of the application.
She then fixed January 15 for the NASS to come and show cause why the interim injunction sought by Malami would not be granted. In the instant suit, the AGF has asked the court to determine if the National Assembly has the right to probe issues relating to the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant”.
Malami is asking the court to among other things, declare that: “the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the exclusive and concurrent legislative lists contained in the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
He wants the court to declare that the National Assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria1999 (as amended).
More so, the AGF is seeking a declaration that the National Assembly lacks the legislative competence to investigate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria1999 (as amended).
“The power of investigation vested in the National Assembly by section 88 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), is limited and such that can only be exercised within the confines of Section 88 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“The plaintiff as the chief law officer and minister of justice of the federation is bound to ensure compliance by the Federal Government of Nigeria and or any of its cognate organs/agencies with the express or implied contents of extant judgements and orders of competent courts in Nigeria.
“The defendant cannot constitute itself into a quasiappellate court, tribunal or panel with a view to reviewing any executive action taken in compliance with the adverse judgment in the said Suit No: FHC/ABJ/CS/65/2013.” When he appeared before the House of Representatives in November 2017, Malami denied his involvement in Maina’s recall.
