Industrial court orders reinstatement of Gwarzo, suspended SEC DG

The National Industrial Court, Abuja, on Thursday ordered the
immediate reinstatement of Mounir Gwarzo, the suspended
Director-General of the Securities and Exchange Commission (SEC),
back to his position.

Justice Sanusi Kado, in his judgment, held that the minister of
finance, named as the second defendant in the suit, lacked the
power to suspend the claimant.

Mr Kado, who dismissed three issues raised by defence counsel
through their preliminary objection, ruled that the suit was not
status barred.

He held that since there was a cause of action in the claimant’s
suit, he (the claimant) had the right to commence the suit by way
of originating summon.

Mr Kado further held that the issue in dispute was not about the
position of the claimant as the DG of the Commission, the bone of
contention was who had the power to suspend him.

The judge held that the second defendant (Minister of Finance)
did not have the power to suspend the claimant since he was not an
employee of the commission.

He said that the minister, in the absence of the board, only had
supervisory power, which does not include disciplinary power to
suspend the DG.

Mr Kado held that it was only the Permanent Secretary in the
Ministry of Finance, on the directive of the president, who had the
power of suspension.

For emphasis, he said, “the minister’s role was that of
recommendation.”

Mr Kado, in addition, said the Administrative Panel of Inquiry
that indicted the claimant was not a court of law; neither was it a
quasi-judicial body, but just a body set up for a fact-finding
duty.

He, therefore, declared that the suspension of the claimant was
null, void and of no effect.

Mr Kado also declared that the recommendation of the
Administrative Panel of Inquiry set up by the second defendant, be
set aside.

The judge then ordered the reinstatement of the claimant as the
DG of SEC to complete his five-year tenure.

He further ordered that the claimant’s salaries, allowances and
entitlements accrued should be paid to him in full.

The News Agency of Nigeria (NAN) reports that Kemi Adeosun, the
former finance minister, on November 29, 2017, suspended Mr Gwarzo
and set up an administrative panel of inquiry to investigate
allegations of financial impropriety levelled against him.

NAN also reports that Mr Gwarzo was accused of collecting
severance package worth N104.85 million while still in service in
violation of the civil service rules.

The minister said Mr Gwarzo was suspended from office to allow
for an unhindered investigation.

NAN reports that Mr Gwarzo however, in June 2018 approached the
court to challenge his suspension.

He sought for various reliefs from the defendant amongst which
was an order of the court reinstating him as the DG of the
Commission.

He also sought for an order of the court for the payment of all
his entitlements, emoluments, allowances and other perquisites of
the office of DG of SEC for the entire period he was under
suspension.

Mr Gwarzo equally sought for an order of court setting aside the
entire proceedings of the Administrative Panel of Inquiry
constituted by the minister.

NAN further reports that the Independent Corrupt Practices and
Other Related Offences Commission (ICPC) had charged Mr Gwarzo
along with an Executive Commissioner in the commission, Zakawanu
Garuba.

They were arraigned on a five-count charge of alleged
misappropriation to the tune of about N115 million and conferment
of corrupt advantage on a public officer.

Justice Hussein Baba Yusuf of FCT High Court, Maitama however,
on April,16 discharged Mr Gwarzo of the alleged charge.

Joined in the suit as co-defendants, were SEC, Minister of
Finance and Attorney- General of the Federation.

(NAN)

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