A new report has revealed how the
Attorney General of the Federation and Minister of Justice, Mr. Abubakar
Malami, SAN, twisted a 2013 high court judgment to recall a former Chairman of
Presidential Pension Reforms Taskforce Abdulrasheed Maina.
The judgment delivered on March
27, 2013, by Justice Adamu Bello of the Abuja Division of the Federal High
Court (now retired), only faulted the process that led to the issuance of the
warrant of arrest against Maina.
Justice Bello had advised the
ex-pension boss to surrender himself to the authorities investigating the
alleged N2 billion fraud.
The court also noted there was no
evidence that the investigation Senate commenced against Maina was “one validly
commenced in accordance with the provisions of Section 88(1) of the 1999
constitution.”
The Justice Bello-led court held
that Senate investigative committee failed to annex vital documents to show
that the ex-pension boss was accorded fair treatment before the warrant of
arrest was issued against him.
Exerpts from the judgment read,
“The implication of the failure to produce and annex these vital documents to
the counter affidavit of the 1st, 2nd, 3rd, 4th, 5th, 8th and 9th respondents
is that there is no evidence before me to show that the investigation commence
by the said respondents is one validly commenced in accordance with the
provisions of Section 88(1) of the 1999 constitution.
“If it has not been validly
commenced in accordance with the Constitution, it follows that the summons or
invitation to the Applicant (Maina) to appear before the Committee would not
have been validly issued and ipso facto, the warrant of arrest was not validly
issued.
“In the circumstances therefore,
I am bound to set aside the warrant of arrest issued by the 2nd respondent
which threatens the right of the applicant to his personal liberty.
“Consequently, the warrant of
arrest issued by the 2nd respondent for the arrest of the applicant is set
aside.
“I grant relief-1 contained in
the statement. I also grant an order of perpetual injunction restraining the
respondents jointly and/or severally by themselves and or their agent, privies,
servants, however so called from arresting the applicant on account of the
warrant of arrest which has been set aside.
“However, beyond these two
reliefs, given all the facts available to the court, the applicant is not
entitled to any other relief.
“My decision is based purely on
the failure of the respondents to annex the vital documents I mentioned,
otherwise, the applicant would not have any case at all.
“The decision should not
therefore send a wrong signal to the public that the senate does not have the
power to cause an investigation within the purview of the powers conferred on
it by Sections 88 and 89 of the Constitution with respect to the matters
enumerated therein.
“It has such powers and when
properly exercised, it can summon any person in Nigeria to give evidence and
can also compel the attendance of any such person.
“Let me end the judgment by
advising the applicant to submit himself voluntarily to the investigation by
the senate in order to show that he respects constituted authority.
“It is the least expected of him
as a public officers and as a citizen of Nigeria”, Justice Bello held.
However, in a letter with Ref.
No. HAGF/FCSC/2017/Vol. 1/3, Malami had directed the Federal Civil Service
Commission to give consequential effect to a judgment he said voided the
process that led to Maina’s dismissal from service.
On the strength of the letter,
the FCSC, at the end of a meeting it held on June 14, 2017, requested the
Office of the Head of the Civil Service of the Federation, OHCSF, vide a letter
marked FC.4029/82/Vol. III/160, and dated June 21, to advise the Permanent
Secretary of the Ministry of Interior to consider the AGF’s letter and make
appropriate recommendations regarding Maina’s case.
In line with the directive, the
Ministry of Interior, at its Senior Staff Committee meeting held on June 22,
placed reliance on the AGF’s letter and recommended that Maina be reinstated
into the Service as Deputy Director on Salary Grade Level 16.
Consequently, the FCSC, on August
16, approved the reinstatement of Maina with effect from February 21, 2013
(being the date he was earlier dismissed from Service
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Pls Garba sheuwu,femi adesina,larenta and other PMB aids should pls comment here now. bastard liars who where brought from the bush to eat where they did not sow.As far as i am concern APC as a party id dead and taken to mortuary,and will be buried in 2019. brougt unnecessary hardship on us for selfish interest. Just for PMB and his cabals
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