The Industrial Court has ordered
the reinstatement of Mounir Gwarzo, suspended director general of the
Securities and Exchange Commission (SEC).
The court also ordered that the
federal government pay him all entitlements.
In his judgement, Sanusi Kado,
justice of the industrial court, held that the minister of finance, named as
the second defendant in the suit lacked the power to suspend the claimant.
Kado, who dismissed three issues
raised by defence counsel through their preliminary objection, ruled that the
suit was not status barred.
The judge further held that the
issue in dispute was not about the position of the claimant as to the DG of the
commission, but that the bone of contention was who had the power to suspend
him.
The judge held that the second
defendant (minister of finance) did not have the power to suspend the claimant
since he was not an employee of the commission.
He said that the minister, in the
absence of the board, only had supervisory power, which does not include
disciplinary power to suspend the DG.
Kado held that it was only the
permanent secretary in the ministry of finance, on the directive of the
president, who had the power of suspension.
For emphasis, he said, “the
minister’s role was that of recommendation”.
Kado, in addition, said the
administrative panel of inquiry that indicted the claimant was not a court of
the law neither was it a quasi-judicial body, but just a body set up for a
fact-finding duty.
He, therefore, declared that the
suspension of the claimant was null, void and of no effect.
Kado also declared that the
recommendation of the administrative panel of inquiry set up by the second
defendant, be set aside.
The judge then ordered the
reinstatement of the claimant as the DG of SEC to complete his five-year
tenure.
He further ordered that the
claimant’s salaries, allowances and entitlements accrued be paid to him in
full.
On November 29, Kemi Adeosun, the
former finance minister, suspended Gwarzo and set up an administrative panel of
inquiry to investigate allegations of financial impropriety levelled against
him.
He was accused of collecting
severance package worth N104.85 million while still in service in violation of
the civil service rules.
The minister said Gwarzo was
suspended from office to allow for an unhindered investigation.
NAN reports that Gwarzo however,
in June 2018 approached the court to challenge his suspension.
He sought for various reliefs
from the defendant amongst which was an order of the court reinstating him as
the DG of the Commission.
He also sought for an order of
the court for the payment of all his entitlements, emoluments, allowances and
other perquisites of the office of DG of SEC for the entire period he was under
suspension.
Gwarzo equally sought for an
order of court setting aside the entire proceedings of the administrative panel
of inquiry constituted by the minister.
NAN further reports that The
Independent Corrupt Practices and Other Related Offences Commission (ICPC) had
charged Gwarzo with an Executive Commissioner in the commission, Zakawanu
Garuba.
They were arraigned on a
five-count charge of alleged misappropriation to the tune of about N115 million
and conferment of corrupt advantage on a public officer.
Hussein Baba Yusuf, a justice of
the FCT high court discharged Gwarzo of the alleged charge.
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