The National Industrial Court in Abuja has ordered the Nigerian Financial Intelligence Unit (NFIU) to immediately reinstate two directors of sacked directors.
The court in addition ordered that Mohammed Mustapha and Fehintola Salisu should be reinstated back into the service as associate directors and paid their salaries, allowances and all entitlements from June, 2021 till date.
The judge, Justice Rakiya Hasstrup delivering judgment held that the process leading to the dismissal of the claimants was done in breach of due process and a violation of the rule of law.
From facts, the claimants- had submitted that their dismissal was done in contravention of the law and due process.
They had therefore urged the court to grant the reliefs they sought.
The defendant on its part argued that the claimants dismissal was done in line with the recommendation by the Appointments, Promotions, and Discipline Committee (APDC).
NFIU further submitted that the committee was constituted by its executive director to investigate the various allegations levelled against the claimants.
Defence closed its final written address by praying the court to dismiss the suit for being allegedly academic.
Defence equally urged the court to dismiss the suit for being hypothetical, premature and for failure of the claimants to disclose reasonable cause of action against it.
Haastrup however, after perusal of the parties submissions held that the disciplinary committee found the claimants guilty of negligence, dereliction of duty and insubordination.
The judge also said that these allegations were “different” from the allegations leveled against them in the queries issued to them.
The court in addition ruled that the punishment of dismissal meted out to the claimants was not commensurate with the allegations they were said to be guilty of.
The court stated that such offences fall under conducts amounting to misconduct and not serious or gross misconduct as stated by the defendant.
The court in addition held that because the defendant did not have any condition of service in existence, the provision of the Public Service Rules (PSR) was applicable in the discipline of the claimants
“Under the PSR, it is the Federal Civil Service Commission (FCSC) that could take a disciplinary action against them.
“While the executive director of the agency only had the power to initiate the process.
“The purported dismissal is arbitrary and unlawful,” the judge held. (NAN)
