Reinstatement: Court Documents Show Malami Twisted Judgment To Favour Maina
More details have emerged on how the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, twisted a 2013 high court judgment to ensure that former Chairman, Pension Reform Task Team, Mr. Abdul Rashid Maina, was recalled and promoted by the Federal Civil Service Commission, FCSC. Abdulrasheed Maina and Attorney General of the Federation and Minister of Justice, Abubakar Malami
Malami had in a letter with Ref. No. HAGF/FCSC/2017/Vol. 1/3, directed the FCSC to give consequential effect to a judgment he said voided the process that led to Maina’s dismissal from service.
On the strength of the letter, the FCSC, at the end of a meeting it held on June 14, 2017, requested the Office of the Head of the Civil Service of the Federation, OHCSF, vide a letter marked FC.4029/82/Vol. III/160, and dated June 21, to advise the Permanent Secretary of the Ministry of Interior to consider the AGF’s letter and make appropriate recommendations regarding Maina’s case.
In line with the directive, the Ministry of Interior, at its Senior Staff Committee meeting held on June 22, placed reliance on the AGF’s letter and recommended that Maina be reinstated into the Service as Deputy Director on Salary Grade Level 16.
Consequently, the FCSC, on August 16, approved the reinstatement of Maina with effect from February 21, 2013 (being the date he was earlier dismissed from Service The FCSC further okayed Maina to sit for the next promotion examination to the post of Director (Administration) with Salary Grade Level 17.
But contrary to claim by the AGF that Maina was given clean-bill-of-health by the a court of competent jurisdiction, a copy of the judgment obtained by reporters on Wednesday, revealed that the court merely quashed a warrant of arrest that was issued against the former pension boss by the Nigerian Senate.
The judgment which was delivered on March 27, 2013, by Justice Adamu Bello of the Abuja Division of the Federal High Court (now retired), only faulted the process that led to the issuance of the warrant of arrest against Maina.
The court however did not clear Maina of allegation by the Economic and Financial Crimes Commission, EFCC, that he embezzled pension fund to the tune of N2billion.
The court, in its judgment, equally did not insulate Maina from EFCC’s investigations.
Rather, Justice Bello advised Maina to surrender himself to the authorities investigating the alleged N2 billion fraud.
The court said there was no evidence that the investigation Senate commenced against Maina was “one validly commenced in accordance with the provisions of Section 88(1) of the 1999 constitution”.
It held that Senate investigative committee failed to annex vital documents to show that the ex-pension boss was accorded fair treatment before the warrant of arrest was issued against him.
