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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.

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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.”



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