The Federal High Court sitting in Abuja has declined to grant an order of interim injunction stopping the National Assembly from probing the Attorney General of the Federation and Minister of Justice, Abubakar Malami over the reinstatement of Abdulrasheed Maina, into the Federal Civil Service.
The court presided over by Justice Binta Nyako however, refused to grant the order of injunction in a ruling it delivered after a chambers hearing of the ex parte application brought by the minister.
Rather than grant an order restraining the respondent, Justice Nyako ordered that the National Assembly be put on notice in respect to the application.
The court fixed January 15 for the National Assembly to come and show cause why the interim injunction sought by Malami should not be granted.
Maina was the former Chairman, Pension Reform Task Team and was dismissed from service in 2013 but was later recalled and deployed to the Ministry of Interior under controversial circumstances late last year on the advice of the AGF.
Not satisfied by the ruling, the Minister of Justice filed another motion asking the court to determine if the National Assembly has the right to probe issues relating to the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant”.
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Mr Malami therefore, asked the court to among other things, declare that: “the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the exclusive and concurrent legislative lists contained in the 1999 Constitution.”
He also wants the court to declare that the National Assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission in accordance with the provisions of the 1999 constitution.