…Orders payment of salaries, allowances within one month
Justice David Isele of the National Industrial Court (NIC), has ordered the immediate re-instatement of the former Head of media, National Emergency Management Agency (NEMA), Yushau A. Shuaib, into the public service after forceful retirement in 2013 over an opinion article he wrote on former Minister of Finance, Dr. Ngozi Okonjo-Iweala.
Shuaib, through his counsel Barrister James Ode Abah of Bamidele Aturu Legal Chamber, sued the former Minister of Finance, the Federal Civil Service Commission (FCSC) and Federal Ministry of Information over his purported retirement.
In his ruling, 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.
Justice Isele further ruled; “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 trial judge therefore, ordered the immediate reinstatement of Yushau Shuaib to his duty post as Chief Information Officer without any loss to seniority, salaries, position and other emoluments.
Justice Isele also ordered the Federal Government to compute and pay within 30 days all of Shuaib’s salaries, allowances and other emoluments due him from June 2013 to the judgment date (November 22, 2017) and at an interest at the prevailing commercial bank’s rate on his total package.
The case centred on the illegal and unlawful retirement of Shuaib over an allegation of criticizing former Finance Minister, Dr Okonjo-Iweala in an opinion article on lopsided appointment in the public service.
In his statement of defence before the court, Shuaib stated that Public Service Rule 030421 gave him the right to write an article. The section states that “Nothing in this rule shall be deemed to prevent an officer from publishing in his own name, by writing, speech or broadcast matters relating to a subject of general interest which does not contain a critic of any officer.”
He also cited Section 39 (1) of the 1999 Constitution which states that “Every person shall be entitled to freedom of expression, including the freedom to hold opinions and receive and impart ideas and information without interference.”
