• No. 3, Aguleri Street, off
  • Gimbiya Street Area 11, Garki, Abuja

[Trending] Industrial Court Nullifies Dissolution of Four Adamawa Civil Service Commissioners

 

 

Yola---The presiding Judge of the National Industrial Court sitting in Yola, Adamawa state, His Lordship, Hon. Justice K. D. Damulak has declared the purported dissolution and or suspension of the appointments of Alhaji Shuaibu Hamid,  Mohammed Mayas,  Amina Kabiru, Aliyu Sadiq, and Shehu Audu as Chairman and Commissioners or members of Adamawa State Civil Service Commission without any allegation of misconduct or for inability to discharge the functions of their office as unconstitutional, null and void and of no effect whatsoever.

 

The court held that Any exercise of any power by the Governor of Adamawa State, whether to appoint, remove or suspend the persons appointed pursuant to section 197 of the Constitution, without confirmation by a resolution of the House of Assembly of the State is null and void;

 

The claimants took out an originating summons on 7/6/2019 and from the facts deposed to by the parties, on the 9th day of April 2019, the then Governor of Adamawa State sent the names of the Claimants to the Adamawa State House of Assembly (3rdRespondent) for confirmation. The 3rd respondent through a letter signed by the Clerk communicated the resolution of the house approving the appointment of the claimants on the 10/04/2019.

 

On the 15th April 2019 claimants, all took Oath of allegiance and oath of office. The present Governor of Adamawa State Hon. Ahmadu Umar Fintiri in a Radio and Television broadcast aired on the 5th day of June 2019 suspended and or dissolved the claimants from office.

 

Submitting in his written address for the claimants, learned T. H. Shabo Esq. argued that claimant can only be removed as enshrined under section 201(1) & (2) of the Constitution for reasons of inability to discharge the functions of their offices and misconduct.

 

Through counter-affidavit, the Gov. and Attorney General of the State (1st and 2nd respondents) deposed that the governor in his act of suspending the claimants did not violate the provisions of the Constitution, that the current appointment and confirmation of appointment of the 1st  and 3rd claimants is against the Provisions of the 1999 Constitution which does not allow a person to be reappointed for a second term as a Member of the Commission and the appointment and confirmation of others are jointly claimed and lumped up together, urged the Court to declare the purported reappointment of the 1st and 3rd Claimants as nullity.

 

In response, the claimants submitted that Constitution only prohibits a member who had been appointed twice on previous occasions for reappointment except if his appointment was by virtue of ex-officio membership.

 

Delivering the Judgment, the presiding Judge, Justice Kiyersohot Damulak held that the reasons sought to be relied upon by counsels to justify the suspension or dissolution of the claimants do not flow from the speech of the 1st respondent that the claimants were both suspended and dissolved for no disclosed reason.

 

Any exercise of any power by the 1strespondent, whether to appoint, remove or suspend the persons appointed pursuant to section 197 of the Constitution, without confirmation by a resolution of the House of Assembly of the State is null and void; so is the suspension and dissolution of the claimants herein.” Justice Damulak.

 

The court declared that the purported dissolution and or suspension of the appointments of the Claimants as Chairman and Commissioners or members of Adamawa State Civil Service Commission without any allegation of misconduct or for inability to discharge the functions of their office is ultra vires the powers of the 1stRespondent and therefore, unconstitutional, null and void and of no effect whatsoever.

 

In all, his Lordship set aside the purported dissolution and or suspension of the appointments of the claimants as Chairman and Commissioners or members of Adamawa State Civil Service Commission as null and void of no effect and also restrained respondents jointly and severally from interfering with the claimant’s performance of the duties of their offices.

 

Full Judgment, Visit the Judgment portal