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Hon. Justice Sanusi Kado of the industrial court, Abuja division has ordered the reinstatement of Mounir Gwarzo, suspended director general of the Securities and Exchange Commission (SEC) with payment of all entitlements.
Delivering the judgment, the court held that the minister of finance, named as the second defendant in the suit lacked the power to suspend the claimant since he(Gwarzo) was not an employee of the commission.
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 and dismissed issues raised by defence counsel through preliminary objection, and ruled that the suit was not statute barred.
His Lordship said that the minister, in the absence of the board, only had supervisory power, which does not include disciplinary power to suspend the DG.
The court declared the suspension of the Gwarzo as null, void and of no effect and also set aside the recommendation of the administrative panel of inquiry set up by the Ministry of Finance.
Credit: NANS
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