The National Industrial Court of Nigeria (NICN), sitting in Abuja, will rule on 26 February on the Interlocutory injunction seeking to stop the process of appointing a new Accountant General of the Federation.
Honourable Justice Rekiya Haastrup, Presiding Judge of the court, fixed the date after listening to the application for the injunction as moved by Ibrahim Angulu, SAN, for his client Joshua Kadmi Luka (claimant). The claimant is urging the court to declare that the process of selection of the Account General of the Federation AGoF, begun by the office of the Head of Service of the Federation, is null and void.
Ibrahim, SAN, argues that, according to the Constitution, “it is the Civil Service Commission and not the Head of Service, HOS, that should supervise the conduct of the selection process, saying the defendant’s action is unconstitutional.”
He contends that Mr.Joshua’s exclusion from the ongoing AGoF selection process is unfair and should be stopped.
“It is also our contention that a mere allegation of crime without conviction can not be used to exclude the claimant.”
According to Ibrahim, SAN, even though the appointment of the Accountant General lies with the President, the process lies with the Civil Service Commission and not the office of the Head of Service, urging the court to grant the injunction.
Mr. Luka is concerned that he has been excluded from five previous promotion exercises, even when he has not been tried and convicted.
He is, therefore, praying for the following declarations: “Declaration and /Or Order of Court that the process of selection of the Accountant General begun by the Head of Service of the Federation is null and void as she has acted in contravention of the constitution and in excess of her powers.
“An Order of Court that under the principles of the presumption of innocence, the Applicant cannot be excluded from the selection of Accountant General on criminal allegations until he is convicted by a competent Court of law.
“An Order of Court allowing the Applicant to participate in the process of selecting Accountant General of the Federation.
“An Order of Court that the process of exclusion of the Applicant from participating in the selection process for Accountant General on an allegation without a hearing was an infringement of his rights to a fair hearing and therefore null and void.”
