For the hasty and arbitrary manner in which he was retired after 20 years of meritorious and unblemished career in the federal civil service, Yushau Shuaib has dragged the Federal Civil Service Commission, the Federal Ministry of Information and Minister of Finance and Coordinating Minister of the Economy, Dr. Ngozi Okonjo-Iweala, to the National Industrial Court for redress.
The claimant, who was former spokesperson of the National Emergency Management Agency, also debunked a media statement made on behalf of Okonjo-Iweala by her Special Adviser, Media, Paul Nwabuiku, that he (Shuaib) was retired after being taken to a disciplinary panel by his home ministry and that his recent sack was on account of additional actions.
Shuaib claims that the FCSC did not invite him at any time to defend himself against any allegations as stipulated in the Rules before disciplinary action was taken against him and that he had never been warned or issued any query during his service years until after his disagreement with Okonjo-Iweala over his writing.
Shuaib is seeking four declarations and two orders.
A declaration that the letter dated June 26, 2013 but delivered on October 4, 2013 purporting to retire him 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 Public Service Rules.
A declaration that the decision of FCSC to retire him from service at its meeting held on June 26, 2013 with immediate effect “without giving the claimant an opportunity to defend himself and without complying with the conditions precedent for retirement is contrary to Section 36 of the 1999 Constitution, Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, cap A9 and Public Service Rules 030305 and 030601 (2008 Edition) and is therefore, illegal, unlawful, unconstitutional, null and void and of no effect whatsoever.”
He is also averring that Okonjo-Iweala unduly instigated FCSC to unlawfully retire him in violation of his freedom of expression guaranteed by the Constitution.
Shuaib is therefore seeking an order directing the FCSC and Ministry of Information to compute and pay him all his salaries, allowances and other emoluments due to him from the month of July 2013 up to the date of judgement and interest at prevailing commercial banks’ rates on the sum arrived at in the relief.
In a 50 paragraph Statement of Facts filed through Antony Itedjere of Bamidele Aturu & Co Chambers, Shuaib said since he was employed in 1994, he had served in several ministries, departments and agencies and written hundreds of articles and publications in newspapers about past and serving public officers.
He averred that most of his postings to ministries, departments and agencies were largely influenced by his writing skills and media relations rather than age of years in service.
According to excerpts from the court document filed on Tuesday, Shuaib alleged that sometimes in April this year, he received a phone call from Okonjo-Iweala demanding apologies and a retraction over one of his writings published by Premium Times on its online news website but that he bluntly refused “as he had done similar writings on President Goodluck Jonathan and other past leaders when they were in government, especially (former) President Olusegun Obasanjo; (former Vice President) Atiku Abubakar; (former Minister of the Federal Capital Territory, Mallam) Nasir El Rufai; (and former Minister of Aviation, Chief) Femi Fani-Kayode among others.”
Thereafter, he received a letter from the Ministry of Information, recalling him from his post as Head of Public Relations at the National Emergency Management Agency.
He further averred that Public Service Rules 2008 entitled him to write and publish matters relating to a subject of general interest, which does not contain a criticism of any officer, minister, official and ministerial statements or actions.
The Statement of Facts further showed that without notification of suspension and contrary to extant Public Service Rules, his salary was abruptly stopped based on “orders from above”.
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