The National Industrial Court sitting in Abuja on Tuesday nullified the dismissal of a former Director of the Nigeria Financial intelligence Unit, Barrister Juliet Ibekaku, by the Economic and Financial Crimes Commission.
The Court described the action as illegal.
The Court also ordered Ibebaku’s immediate reinstatement as Director of the NFIU, with all her entitlements paid, including 10 per cent of the judgement debt.
The Court, presided over by Justice Babatunde A, Adejumo, in the suit number NICN/ABJ/130/2014, held: “There is no evidence to support the alleged breach of EFCC staff regulations by illegally terminating the appointment of the Claimant/Juliet Ibekaku as the Director, Nigeria Financial Intelligence Unit by former EFCC Chairman, Mr. Lamorde Ibrahim.
“The action taken against claimant/Juliet Ibekaku is defective and there is no way a seconded junior Police Officer in the EFCC can be allowed to query a senior officer.
“That the procedure taken by EFCC in terminating Claimant/Juliet Ibekaku’s appointment is defective and unknown to law and therefore illegal and oppressive.
“That claimant should be reinstated with immediate effect and all her entitlements paid, including 10 per cent of judgement debt.”
It would be recalled that Justice Babatunde A. Adejumo of the National Industrial Court, Abuja on October 21, 2015 reserved judgement in the case of wrongful dismissal brought against the EFCC by Ibekaku.
The NFIU is an independent unit under the EFCC and the coordinating entity for the receipt and analysis of financial disclosure of currency transaction reports and suspicious transaction reports in line with Nigeria’s anti-money laundering and combating the financing of terrorism regime.
It is also required to disseminate financial intelligence to law enforcement agencies and regulators.
The absence of operational independence, in line with international best practices, has hindered its performance over the years.
Ibekaku’s dismissal as NFIU Director is not unconnected with her insistence on operational autonomy for the NFIU for optimal performance, hence her support to the bill for the establishment of Nigeria Financial Intelligence Centre, a move Lamorde vehemently opposed.
Available statistics suggest that the bulk of foreign donor support to the EFCC comes because of the NFIU.
When contacted, Ibekaku expressed satisfaction with the decision of the Court, describing it as victory over impunity.
She said: “We thank God.
“I just won the case against my wrongful dismissal by the EFCC in the Court this morning.
“It is a long walk to freedom and a march against impunity.”
Reacting, a Civil Society Organisation, Media Initiative against Injustice, Violence and Corruption, hailed the ruling of the Court, describing it as “justice at last”.
The Executive Director of the group, Walter Duru, argued that Ibekaku’s reinstatement was long overdue, insisting that her victimization and eventual removal from office was a manifestation of the former EFCC leadership’s disregard for the rule of law and due process.
According to Duru: “Ibekaku’s ordeal was a clear case of abuse of office, arbitrariness and criminal intimidation by a supposed anti-graft agency under the leadership of Ibrahim Lamorde. Lamorde’s regime in EFCC remains the worst in the history of the Agency. There is need for a total probe of his administration. Corruption and impunity flourished in the Commission under Lamorde’s watch. The Federal government must seek his repatriation to Nigeria to face prosecution for his atrocities in office.”