Justice David Isele of the National Industrial
Court (NIC) has ordered the immediate reinstatement of former Spokesperson of
National Emergency Management Agency (NEMA), Yushau A. Shuaib, back into the
public service after forceful retired In 2013 over an article he wrote on
former Finance Minister, Dr. Ngozi Okonjo-Iweala.
Through Barrister James Ode Abah
of Bamidele Aturu Legal Chamber, Shuaib had sued the then Finance Minister,
Federal Civil Service Commission (FCSC) and Federal Ministry of information
over the purported retirement.
Delivering the Judgement, Justice
Isele declared that the letter retiring Shuaib from service has no force of law
and is therefore illegal, unconstitutional, null and void and of no effect
whatsoever being in flagrant violation of the civil service rules.
The judge also declared “the
premature retirement of NEMA spokesperson by the Federal Government without
conducting any investigation, without giving him an opportunity to defend
himself and without complying with the condition precedent for retirement is
contrary to section 36 of the 1999 Constitution and therefore illegal,
unlawful, unconstitutional and null and void.”
The court, therefore, ordered the
immediate reinstatement of Yushau Shuaib to his duty post as the Chief
Information Officer without any loss to seniority, salaries, position and other
emoluments.
The judge ordered the Federal
Government to compute and pay within 30 days (before Xmas/New Year) all
Shuaib’s salaries, allowances and other emoluments due to him from June 2013 to
the judgment date (November 22, 2017) and interest at the prevailing commercial
bank’s rate on his total package.
The case centred on the illegal
and unlawful retirement of Shuaib over an allegation of criticizing a former
Finance Minister, Dr. Ngozi Okonjo-Iweala in an opinion article on lopsided
appointment in the public service.
Early in his statement of defence
before the court, Shuaib had stated that Public Service Rule 030421 gave him
the right to write an article.
The section states that “Nothing
in this rule shall be deemed to prevent an officer from publishing in his own
name, by writing, speech or broadcast matters relating to a subject of general
interest which does not contain a critic of any officer.” He also cited Section
39 (1) of the 1999 Constitution which states that “Every person shall be
entitled to freedom of expression, including the freedom to hold opinions and
receive and impart ideas and information without interference.”
Shuaib, an award-winning writer,
was offered automatic employment by Delta State and Federal Government after
winning State and Presidential Awards of the National Youths Service Corps
(NYSC) scheme in 1993.
He had served at various
organisations as Public Relations Officer and Press Secretary including Delta
State Govt House, Asaba; Ministry of Information, Ministry of Finance, Ministry
of Health, Revenue Mobilisation Allocation and Fiscal Commission (RMAFC),
National Press Centre, and National Emergency Management Agency (NEMA).
After his purported compulsory
retirement, Shuaib activated PRNigeria, a press release platform for critical
institutions in Nigeria serving the Military, Security, Intelligence and
Response Agencies among others.
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