Former NEMA spokesperson sues Nigerian govt, Okonjo-Iweala over alleged unlawful retirement

He contended that his retirement was illegal, unlawful, unconstitutional, null and void and of no effect whatsoever.

A former spokesperson of the National Emergency Management Agency, NEMA, Yushau Shuaib, who was retired from service in controversial circumstances has taken the Federal Government to court seeking his immediate reinstament, compensation and payment of his entitlements.

Mr. Shuaib, who was sacked from the civil service in October for publishing an article considered critical of the Minister of Finance and Coordinating Minister for the economy, Ngozi Okonjo-Iweala, also joined the minister in the suit.

The controversial article, titled, “Still on Okonjo-Iweala over Controversial Appointments” published on March 6, 2013 by PREMIUM TIMES had alleged that some appointments by Mrs. Okonjo-Iweala were lopsided and should be reversed.

He urged the minister to ensure that appointments into important positions in the service should be done in credible and transparent manner that could withstand public scrutiny.

Irked by Mr. Shuaib’s audacity to criticise her action, Mrs. Okonjo-Iweala had reportedly asked the Minister of Information, Labaran Maku, to take disciplinary actions against him, an action that triggered a chain of other actions culminating in his being queried, suspended from work and eventual and retirement from service.

But in a 50-paragraph statement of claims filed on his behalf before the National Industrial Court, NIC, Abuja, by Anthony Itedjere of Bamidele Aturu & Co Chambers, Mr. Shuaib, who described the action against him as illegal, unconstitutional, null and void,
sought four declarations and two orders setting aside his retirement.

He said the letter dated June 26 but delivered on October 4 purporting to convey his immediate retirement from service had no force of law, adding that the decision of the Federal Civil Service Commision, FCSC, to retire him from service without an opportunity to defend himself was illegal and unconstitutional.

The action, he said, contravened the conditions precedent for retirement in 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).

He contended that his retirement was illegal, unlawful, unconstitutional, null and void and of no effect whatsoever.

Mr. Shuaib also averred that Mrs. Okonjo-Iweala unduly instigated FCSC to unlawfully retire him in violation of his freedom of expression guaranteed by the Nigerian Constitution 1999, urging the court to direct the FCSC and the Ministry of Information to immediately reinstate him to his position as Chief Information Officer in the Civil Service of the Federation without any loss as to seniority, salaries, position and other emoluments.

He also asked for the payment of all his entitlements since July 2013 up to the date of judgement, with interest at prevailing commercial banks’ rates on the sum arrived at.

The court gave 14 days within which the defendants would cause an appearance to be entered for them, warning that the court would proceed to enter judgment without notice if they fail.