Skip to main content

Court orders SGF, AGF, others to file defence in suit against tenure extension for Babandede

 Eric Ikhilae, Abuja

 

THE Secretary to the Government of the Federation (SGF), the Attorney-General of the Federation (AGF) and other defendants in a suit seeking to void the purported extension of the tenure of the Comptroller General of Immigration (CGI), Muhammed Babandede by President Muhammadu Buhari, have been ordered to file their defence.

Justice Olufunke Anuwe of the National Industrial Court of Nigeria (NICN) in Abuja gave the order when the suit, marked: NICN/ABJ/196/2020 came up for mention on November 3, 2020.

Although some of the defendants said they filed notices of preliminary objection, Justice Anuwe directed parties to file all other necessary processes, particularly in relation to the substantive suit, to enable the court hear it, and adjourned till December 9 this year.

Other defendants in the suit filed by a lawyer, Daniel Makolo, are the Minister of Interior; the Director/Secretary of the Civil Defence, Correctional, Fire and Immigration Services Board (CDCFIB); Babandede; the Nigerian Immigration Service (NIS); the Head of Service of the Federation, Federal Civil Service Commission (FCSC) and the National Security Adviser (NSA);

The plaintiff is praying the court for among others, a declaration that no known laws exist that allow the President, acting by himself or through any agency of government, to extend the period of service of a public officer with statutory tenure.

The court is also being asked to declare that Babandede’s tenure, as a public officer employed on September 13, 1985 as an Immigration Officer, has ended and his further stay in office “is arbitrary, unlawful, immoral and unconstitutional.”

The plaintiff, in a supporting affidavit, noted that while Babandede had, since becoming the CG of Immigration, applied the Public Service Rules (PSR) 100238 and 020810, which provides the mandatory retirement ages and tenure of service for public officers, is by himself unwilling to abide by its provisions.

Read Also: Two men ask court to disband Lagos panel

Makolo stated that Babandede ought to observe the provisions of the PSR) 100238 and 020810 like other civil servants employed at the same time with him in 1985 who have since vacated office in compliance with the rules.

He added that since Babandede’s tenure had lawfully expired on June 13, 2020 all his subsequent actions, including the disbursement of funds are illegal and he should be compelled to make refund.

“The refusal, failure and neglect of the 4th defendant to proceed on retirement fuels the speculation that his failure to proceed on his pre-retirement leave is in his bid to cover his corrupt practices and those of his benefactors and protege,” Makolo said.

The plaintiff wants the court to issue an order compelling Babandede to immediately proceed on his retirement leave in accordance with the provisions of extant laws, as had applied to others employed like him on September 13, 1985.

In its response, the FCSC denied any wrongdoing and prayed the court to strike off its name as the seventh defendant on the grounds that no cause of action was established against it.

The FCSC, in its counter-affidavit, agreed with the plaintiff that public service has statutory tenure, which could not be extended under any guise.

It agreed that the PSR 020810 provides, among others, that “no officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service, whichever is earlier.”



from Latest Nigeria News, Nigerian Newspapers, Politics https://ift.tt/3ptWLlk
via IFTTT
Labels:

Comments

Post a Comment

We're glad you want to comment, kindly avoid spamming the page, thanks

Popular posts from this blog

The transformation of UNIBEN’s campus

Ekehuan Campus of the University of Benin (UNIBEN) was neglected for many years by successive administrations in the institution. However, the story has changed as the campus has witnessed a transformation, reports IFUNANYA OSAKWE (UNIBEN).   The Ekehuan Campus of the University of Benin was the first campus of the institution in Edo State when it was founded in 1970. From the Ekehuan campus, it moved to Ugbowo Campus, which is the permanent site. As a result of this movement, the Ekehuan Campus, which houses the Mass Communication Department, Fine Art Department, Theatre Arts Department, Early Childhood Education Department and Public Administration Department suffered neglect for many years. The classrooms and hostels were not what they used to be. There were incessant protest over lack of light and water by students in Ekehuan campus. Often the protests were said to have achieved very little result as promises to enhance welfare were unfulfilled. On many occasions, students...
Post a Comment
Read more

Boko Haram lures recruits with N5,000, says Zulum

Our Reporter Borno State Governor, Prof. Babagana Umara Zulum, yesterday said Boko Haram fighters lure recruits with as low as N5,000. The governor also reveals how his government sustained the fight against insurgents in the state in the last two years. He made the revelations in his statewide broadcast to commemorate this year’s Democracy Day (June 12, 2021) and his second anniversary in office, stating that “of all Nigeria’s 36 states, none is faced with the level of Borno’s security and by extension, social and economic challenges. According to him: “From day one, we were faced with an acute humanitarian crisis, particularly in northern and some parts of the central senatorial zones. As such, we made it a policy that as governor, I assume the role of chief humanitarian officer for different reasons. “On one hand, it was our duty to deliver help to our fellow citizens that were either internally displaced or taking refuge in neighbouring countries. “On the other hand, there was ...
Post a Comment
Read more

Edo Museum of West African Art

The Benin Kingdom is known for its arts, many of which are scattered in museums around the world. The Edo State government’s decision to establish the museum of West African art will further the state’s image, writes Robert Egbe   On Friday, November 13, Edo State Governor Godwin Obaseki announced a post-COVID-19 recovery plan to strengthen the public sector. But perhaps the most interesting component of his proposal was the announcement of a new partnership that seeks to return Edo State to its competitive advantage many centuries ago, and establish the Edo Museum of West African Art (EMOWAA). It is a fact that the Benin kingdom was one of the most powerful and creative kingdoms in Africa, with its art and craftmanship so globally acknowledged and renowned that European explorers marvelled at the level of sophistication of the art and culture emanating from this kingdom. Very few would argue with the fact that at some point in its history, this great kingdom was regarded as th...
Post a Comment
Read more