Maina’s recall: Court declines AGF’s move to stop Senate probe

The Federal High Court in Abuja, on Monday declined to stop National Assembly from probing the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) over the controversial and fraudulent reinstatement of sacked Abdulrasheed Maina, into the Federal Civil Service.

Justice Binta Nyako declined to grant an order of interim injunction sought by the AGF that would have stopped the National Assembly from inquiring into the matter.

Maina, the former Chairman, Presidential Pension Reform Task Team was dismissed from the Federal Civil Service Commission in 2013 after he absconded from duty following an alleged N1.6bn fraud uncovered .

But he was recalled in a very controversial manner and deployed to the Ministry of Interior late last year on the reported advice of the AGF.

Following public outcry that greeted his reinstatement, President Muhammadu Buhari ordered Maina’s sack and asked Winifred Oyo-Ita, Head of the Civil Service of the Federation, to probe the embarrassing situation.

Consequently, on October 24, 2017, the Senate mandated its committees on public service, internal affairs, anti-corruption, establishment and judiciary to probe the circumstances of Maina’s return to the country and the public service.

It was learnt that the decision of the NASS, particularly the Senate to conduct a forensic investigation into the circumstances surrounding the reinstatement of Maina prompted Malami to file a suit against NASS.

One leg of the suit was a motion ex parte he filed seeking to a restrain order against the National Assembly.

But Justice Binta Murtala-Nyako refused to grant the order of injunction in a ruling it delivered on Monday after hearing the exparte application by the AGF in chambers.

Basically, the injunction sought to stop the NASS from probing the reinstatement of Maina into the civil service.

But rather than grant an order restraining the respondent, Justice Nyako ordered that the NASS be put on notice in respect of the application.

The court later fixed January 15 for the NASS to come and show cause why the interim injunction sought by Malami should not be granted.

But in what appears to be a fight back, the AGF has asked the court to determine if the National Assembly has the right to probe issues relating to the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant”.

Malami is asking the court to among other things declare that: “the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the exclusive and concurrent legislative lists contained in the 1999 Constitution (as amended).

He wants the court to declare that the National Assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution.

More so, the AGF is seeking a declaration that the National Assembly lacks the legislative competence to investigate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution.

“The power of investigation vested the National Assembly by section 88 (1) of the 1999 Constitution (as amended) is limited and such that can only be exercised within the confines of Section 88 (2) of the 1999 Constitution (as amended).

“The plaintiff as the chief law officer and minister of justice of the federation is bound to ensure compliance by the Federal Government of Nigeria and or any of its cognate organs/agencies with the express or implied contents of extant Judgements and Orders of competent courts in Nigeria.

“The defendant cannot constitute itself into a quasi-appellate court, tribunal or panel with a view to reviewing any executive action taken in compliance with the adverse judgment in the said Suit No: FHC/ABJ/CS/65/2013.”

The Daily Times recalls that when Malami appeared before the House of Representatives in November 2017, he denied his involvement in Maina’s recall.