{"id":7159,"date":"2013-07-27T03:44:54","date_gmt":"2013-07-27T03:44:54","guid":{"rendered":"http:\/\/disnaija.com\/nigeria-news\/court-orders-reinstatement-of-sacked-director\/"},"modified":"2013-07-27T03:44:54","modified_gmt":"2013-07-27T03:44:54","slug":"court-orders-reinstatement-of-sacked-director","status":"publish","type":"post","link":"https:\/\/disnaija.com\/court-orders-reinstatement-of-sacked-director\/","title":{"rendered":"Court Orders reinstatement of sacked director"},"content":{"rendered":"
<\/div>\n
<\/div>\n

Nnamdi Felix \/ Abuja<\/strong><\/p>\n

Nigeria’s National Industrial Court siting in Abuja on Friday voided a directive by the Minister of Science and Technology for the dismissal of the Director, Administration and Finance, at the Energy Commission of Nigeria, ECN, Peter Maduegbunam Chigbo.<\/p>\n

The court declared letters of suspension and dismissal of Mr. Chigbo dated December 12 and 30, 2011 null and void. It was on the basis of those letters that Mr. Chigbo was earlier suspended and later dismissed in 2011.<\/p>\n

The presiding judge, Justice O. A. Shogbola, faulted those letters on the ground that they were written pursuant to the directive of the then Minister of Science and Technology, who lacked the statutory powers to exercise disciplinary control over senior civil servants.<\/p>\n

While setting aside the letters, the court ordered the reinstatement of Chigbo, and directed that he should be accorded all his entitlements, including salaries, other monetary benefits and promotion.<\/p>\n

These were contained in the judgment delivered by the court on a suit instituted by Chigbo who challenged his dismissal by the ECN under the leadership of Professor A. S. Sambo, who was then Director General.<\/p>\n

Chigbo had, in a supporting affidavit, alleged among others, that his trouble resulted from his refusal to “compromise in certain corrupt practices at the ECN under the leadership of the immediate past Director General, Prof A. S. Sambo.<\/p>\n

The defendants in the suit were the ECN, the Minister of Science and Technology and the Federal Civil Service Commission.<\/p>\n

Justice Shogbola held that the Minister and the ECN, by directing Chigbo’s dismissal arrogated to themselves the powers that do not belong to them and held that the power to exercise disciplinary control over senior civil servants, including Chigbo, who was a Level 16 officer, resides with the Federal Civil Service Commission, FCSC, as provided for under the Federal Public Service Rule, the Energy Commission of Nigeria Act.<\/p>\n

He held that since the employment of Chigbo as a civil servant is guided by statute, his disengagement should be carried out in accordance with the provision of the statute guarding the employment and that it was the law that statutory powers could not be transferred.<\/p>\n

The court further held that the FCSC, statutorily empowered to exercise disciplinary control over senior civil servants, is exclusively empowered to exercise such powers and upheld Chigbo’s argument that the Minister and ECN acted illegally when they dismissed him in view of the provisions of sections 7(2) of the ECN Act and the Federal Public Service Rules made pursuant to the Constitution.<\/p>\n

The judge also blasted the defendants for Chigbo’s dismissal which was effected during the pendency of a suit he earlier filed at the Federal High Court, challenging his earlier suspension and made an order restraining the defendants from taking any steps in furtherance of the purported disengagement of Chigbo’s appointment as a staff of the Energy Commission of Nigeria.<\/p>\n

<\/img> <\/img> <\/img> <\/img> <\/div>\n

——————————————————————————————————————————————-
Posted in Nigeria News. <\/a>A DisNaija.Com<\/a> network.<\/p>\n

Source: PM News<\/p>\n

DisNaija.Com<\/b> publishes regular posts on Nigeria News,<\/a> Nigerian Newspapers,<\/a> Online Nigeria Gist.<\/a><\/p>\n

Follow us on Twitter<\/a> and Facebook<\/a>.<\/p>\n

<\/div>\n
<\/div>\n

Nigeria News<\/a>
\n
\nFollow @Dis_Naija<\/a>
\n