9 November 2017

Nigeria: Dismissal - Court Strikes Out Maina's N2.5 Billion Suit Against Govt

The National Industrial Court in Abuja has struck out the suit filed by the embattled former chairman of the Presidential Task Force on Pensions Reforms, Abdulrasheed Maina challenging his dismissal from the civil service.

Justice Olufunke Anowe struck out the suit yesterday after Maina's lawyers Lawrence Johnson and Kenechukwu Azie moved the application to withdraw it from the court.

The defendants including the Head of Service of the Federation (HOSF); the Federal Civil Service Commission (FCSC); the Ministry of Interior and the Attorney General of the Federation (AGF), who were represented by Nurudeen Abdulmumin, all consented to the withdrawal.

Maina had earlier applied to withdraw the suit after the Federal Government commenced administrative procedure for his recall, which was effected on August 16, 2016.

The suit, which was filed in July, 2013 was previously before the President of the National Industrial Court, Justice Babatunde Adejumo before he transferred it to Justice Anowe for determination.

Maina was on March 5, 2013 dismissed from the civil service after he failed the query by the Ministry of Interior bordering on serious misconduct offending Public Service Rules 030301 to 0303014 for his abscondment from duty following a warrant of arrest by the police. Maina, who was then Deputy Director (Admin) on Salary Grade Level 16 and former Head of Customs, Immigration and Prisons Pension Office (CIPPO), filed the action demanding the sum of N2.5bn from the defendants.

The claimant's counsel, Mahmud Magaji (SAN), had asked the court to declare that the defendants were incompetent to initiate and prosecute the said disciplinary proceeding "when it was clear that the alleged misconduct of the claimant bordered on his absence which was subject matter of the suit no: FHC/CV/65/2013 filed by the claimant before the Federal High Court."

Meanwhile, there is no application to vacate the warrant of arrest issued against Maina by the Magistrate Court in Abuja, according to court officials.

EFCC spokesman, Wilson Uwujaren confirmed to Daily Trust that the warrant against Maina "is still subsisting."

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