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Hon. Justice David Isele of the National Industrial Court of Nigeria (NICN) has ordered the immediate reinstatement of former Spokesperson of National Emergency Management Agency (NEMA), Yushau A. Shuaib back into the public service after forceful retired In 2013 over an opinion article he wrote on former Finance Minister, Dr. Ngozi Okonjo-Iweala.
Through Barrister James Ode Abah of Bamidele Aturu Legal Chamber, Shuaib had sued the Finance Minister, Federal Civil Service Commission (FCSC) and Federal Ministry of information over the purported retirement.
Delivering the Judgement, Justice Isele declared that the letter retiring Shuaib from service has no force of law and is therefore illegal, unconstitutional, null and void and of no effect whatsoever being in flagrant violation of the civil service rules.
The judge also declared “the premature retirement of NEMA spokesperson by the Federal Government without conducting any investigation, without giving him an opportunity to defend himself and without complying with the condition precedent for retirement is contrary to section 36 of the 1999 Constitution and therefore illegal, unlawful, unconstitutional and null and void.”
The court, therefore, ordered the immediate reinstatement of Yushau Shuaib to his duty post as the Chief Information Officer without any loss to seniority, salaries, position and other emoluments.
The judge orders the Federal Government to compute and pay within 30 days (before Xmas/New Year) all Shuaib’s salaries, allowances and other emoluments due to him from June 2013 to the judgment date (November 22, 2017) and interest at the prevailing commercial bank’s rate on his total package.
Credit: Vanguard