Barely six (6) weeks after the Federal High Court in Abuja dismissed corruption charges against , suspended Director General of the Securities and Exchange Commission (SEC), the Industrial Court on Thursday May 30, ordered his reinstatement in office.
The Industrial Court also ordered that the federal government should pay him all entitlements.
Justice Sanusi Kado of the Industrial Court in his judgment held that the former minister of finance, Kemi Adeosun named as the second defendant in the suit lacked the power to suspend the claimant.
On November 29, Kemi Adeosun suspended Gwarzo and set up an administrative panel of inquiry to investigate allegations of financial impropriety leveled against him.
He was accused of collecting severance package worth N104.85 million while still in service in violation of the civil service rules.
The minister said Gwarzo was suspended from office to allow for an unhindered investigation.
Kado, who dismissed three issues raised by defence counsel through their preliminary objection, ruled that the suit was not status barred.
The judge further held that the issue in dispute was not about the position of the claimant as to the DG of the commission, but that the bone of contention was who had the power to suspend him.
The judge held that the second defendant (minister of finance) did not have the power to suspend the claimant since he was not an employee of the commission.
He said that the minister, in the absence of the board, only had supervisory power, which does not include disciplinary power to suspend the DG.
Kado held that it was only the permanent secretary in the ministry of finance, on the directive of the president, who had the power of suspension.
For emphasis, he said, “the minister’s role was that of recommendation”.
Kado, in addition, said the administrative panel of inquiry that indicted the claimant was not a court of the law neither was it a quasi-judicial body, but just a body set up for a fact-finding duty.
He, therefore, declared that the suspension of the claimant was null, void and of no effect.
Kado also declared that the recommendation of the administrative panel of inquiry set up by the second defendant, be set aside.
The judge then ordered the reinstatement of the claimant as the DG of SEC to complete his five-year tenure.
He further ordered that the claimant’s salaries, allowances and entitlements accrued be paid to him in full.
Recall that on Tuesday April 16, 2019 the High Court of the Federal Capital Territory, Maitama, Abuja dismissed corruption charges involving alleged mismanagement of about N115million public fund preferred against the suspended Director General of the Security and Exchange Commission, Mounir Gwarzo; and a commissioner of the commission, Zakwanu Garuba.
Iheanyi Nwachukwu
