Pension fraud: Court faults Maina’s suit

[Mirror]

The National Industrial Court, NIC, Abuja, yesterday, faulted the procedure adopted by the embattled former Chairman of the Pension Reform Task Team, PRTT, Mr. Abdulrasheed Maina, in challenging his dismissal from service.

It will be recalled that the Head of Service of the Federation, HoSF, had dismissed the pension boss from office in line with an earlier resolution by the Senate, which urged President Goodluck Jonathan to sack him from office, owing to some irreconcilable differences regarding the pension probe.

Consequent upon his sack, Maina had, through his counsel, M. Magaji SAN, instituted an action dated March 19.

Among other questions posed for the determination of the court, was whether the HoSF "can legally or validly dismiss or terminate the claimant's employment based on a resolution by the Senate of the Federal Republic of Nigeria."

He went further to ask whether the Minister of Interior, Comrade Abba Moro, can issue him a query, even though his schedule of duty does not full directly under the minister's purview.

In the light of the aforestated issues, therefore, the claimant prayed the court for an order quashing his dismissal/termination of employment, as well as an order reinstating him to his former position.

He also invited the court to declare any further action taken by the Head of Service, during the pendency of the suit, as null and void.

And, as compensation for the perceived loss and psychological pain he may have been put through, as a result of the dismissal, Maina asked for N2.5 billion damage.

While this lasted, however, Justice Babatunde Adejumoh, had suo motu, asked counsel to the claimant as well as all defence counsel, to address the court on the 'propriety or otherwise of commencing an action for dismissal or termination of employment via an originating summons,' rather than coming by way of writ of summons.

In his written address, in compliance with the mood and tenor of the court, Magaji argued that 'originating summon is the most appropriate form of commencing an action for determination of termination or dismissal, since the employment in question is statutory in nature while the various agencies and or offices are creations of the law.'

In a unanimous opposition to the mode of filing of the claim, counsel to the defendants prayed the court to strike out the entire suit, for being incompetent.

National Mirror