Malami asks court to stop senate probe of Maina’s recall

Abubakar Malami, attorney-general of the federation, has
filed a suit before a federal high court in Abuja, seeking to stop
the senate from probing the reinstatement of Abdulrasheed Maina
into the civil service.

TheCable reporters that the suit has been assigned to Binta
Nyako, a judge of the federal high court, Abuja.

Senate’s decision to conduct a forensic investigation instigated
Malami’s court action, sources in his ministry told TheCable.

Maina, former chairman of the presidential task force on pension
reforms, was recalled and deployed to the ministry of interior
under controversial circumstances.

Amid the outcry of the news of his reinstatement, President
Muhammadu Buhari ordered his sack and asked Winifred
Oyo-Ita, head of the civil service of the federation, to probe the
embarrassing situation.

TheCable had published documents which showed the
involvement and full knowledge of Oyo-Ita, Malami and
Abdulrahman Dambazau, minister of interior, in Maina’s
reinstatement.

The federal civil service commission dismissed Maina in 2013 for
absconding from duty following a recommendation by the office of
the head of service.

He was accused of being involved in pension fraud running into
over N100 billion. After an investigation by the senate joint
committee on public service and establishment and state and local
government administration, a warrant of arrest was issued against
him.

Subsequently, the police declared him wanted and he went into
hiding. He reportedly fled to the United Arab Emirates (UAE). It
was after his long absence from office that he was dismissed.

On October 24, 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.

But Malami 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”.

According to documents seen by TheCable, the attorney-general 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 Constitution of the
Federal Republic of Nigeria 1999 (as amended).

“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 of the Federal Republic of Nigeria1999 (as
amended).

“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 of the Federal Republic of
Nigeria1999 (as amended).

“The power of investigation vested the national assembly by
section 88 (1) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) is limited and such that can only be
exercised within the confines of Section 88 (2) of the Constitution
of the Federal Republic of Nigeria 1999 (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 house of representatives is also probing Maina’s recall.

When he appeared before the panel of the lower legislative
chamber in November, Malami denied
his involvement in Maina’s recall.

He also accused federal lawmakers of being part of pension
fraud.

Abubakar Malami, attorney-general of the federation, has
filed a suit before a federal high court in Abuja, seeking to stop
the senate from probing the reinstatement of Abdulrasheed Maina
into the civil service.

TheCable reporters that the suit has been assigned to Binta
Nyako, a judge of the federal high court, Abuja.

Senate’s decision to conduct a forensic investigation instigated
Malami’s court action, sources in his ministry told TheCable.

Maina, former chairman of the presidential task force on pension
reforms, was recalled and deployed to the ministry of interior
under controversial circumstances.

Amid the outcry of the news of his reinstatement, President
Muhammadu Buhari ordered his sack and asked Winifred
Oyo-Ita, head of the civil service of the federation, to probe the
embarrassing situation.

TheCable had published documents which showed the
involvement and full knowledge of Oyo-Ita, Malami and
Abdulrahman Dambazau, minister of interior, in Maina’s
reinstatement.

The federal civil service commission dismissed Maina in 2013 for
absconding from duty following a recommendation by the office of
the head of service.

He was accused of being involved in pension fraud running into
over N100 billion. After an investigation by the senate joint
committee on public service and establishment and state and local
government administration, a warrant of arrest was issued against
him.

Subsequently, the police declared him wanted and he went into
hiding. He reportedly fled to the United Arab Emirates (UAE). It
was after his long absence from office that he was dismissed.

On October 24, 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.

But Malami 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”.

According to documents seen by TheCable, the attorney-general 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 Constitution of the
Federal Republic of Nigeria 1999 (as amended).

“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 of the Federal Republic of Nigeria1999 (as
amended).

“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 of the Federal Republic of
Nigeria1999 (as amended).

“The power of investigation vested the national assembly by
section 88 (1) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) is limited and such that can only be
exercised within the confines of Section 88 (2) of the Constitution
of the Federal Republic of Nigeria 1999 (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 house of representatives is also probing Maina’s recall.

When he appeared before the panel of the lower legislative
chamber in November, Malami denied
his involvement in Maina’s recall.

He also accused federal lawmakers of being part of pension
fraud.