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.
According to Vanguard, contrary to
the claim by Malami that a court judgement gave Maina a
clean-bill-of-health, the court merely quashed a warrant of arrest that
was issued against the former pension boss by the Nigerian Senate.
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 advService. 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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