How Adamawa Shuns Court Order, Refuses to Reinstate Sacked Civil Service Commission Members
POLITICS DIGEST – Against a court order, Adamawa State government has refused to reinstate members of the state’s Civil Service Commission, constituted by the immediate past administration.
Governor Ahmadu Fintiri, had upon assumption in 2019, dissolved boards and commissions appointed by his predecessor, Jubrila Bindow.
Irked by the decision, Chairman and Commissioners of the Civil Service Commission, challenged the governor’s action at the Industrial Court.
The suit was instituted by, Shuaibu Bobbo Hamid (Chairman), Mohammed Abdu Mayas (Commissioner 1), Amina Kabiru (Commissioner 2), Aliyu Sadiq (Commissioner 3) and Shehu Audu (Commissioner 4), as claimants.
The respondents were: Governor Ahmadu Fintiri, the state Attorney General and the State Assembly.
The court held that the dissolution of the commission and subsequent termination of the appointment of the Chairman and four commissioners contravened the law.
Justice K.D. Damulak therefore held that the dissolution and or termination of the appointments was ultra vires and therefore, unconstitutional, null and void.
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He accordingly ordered that, “a declaration that the claimants as Chairman and Commissioners respectively of the Adamawa state Civil Service Commission, having been appointed by the then governor of Adamawa State, upon confirmation by the state Assembly, are entitled to a guaranteed tenure of five years.
“A declaration that by the clear provisions of section 199(1-) (c) and 201(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), the respondents cannot validly suspend, dissolve, remove or terminate the appointments of the claimants as Chairman and Commissioners of the Adamawa state Civil Service Commission.
“An order, setting aside the purported dissolution and or suspension of the appointments of the claimants as Chairman and Commissioners as null and void of no effect.
“An order that the claimants are entitled to their salaries and allowances from 15/04/2019 to 14/042024 unless otherwise removed for inability to discharge the functions of their offices”.
However, one of the claimants, Mohammed Abdu Mayas, said, “since delivery of the judgment on on 7/6/2019, we have neither been recognized nor paid our salaries or entitlements.
“Besides, we heard that plans have been concluded by the government to appoint new members to the commission”, he said.
When contacted, the Attorney General of the state and Commissioner of Justice, Afraimu Jingi merely said, “the claimants should do whatever they want.”
