The Industrial Court of Nigeria, sitting in Abuja, has scheduled February 26, 2025, to rule on the interlocutory injunction brought before it to stop the process of appointing a new accountant general of the federation until the case is determined.
Justice Rekiya Haastrup of the Industrial Court gave the date after listening to the injunction brought before the court by Ibrahim Angulu, SAN, for his client Joshua Kadmi Luka over an alleged allegation that has not been decided by any court.
Ibrahim told the court that the application followed the claimant, Joshua Kadmi Luka’s exclusion from participating in the accountant general’s selection process, which is already ongoing.
He further argued that “Constitutionality, 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 actions are unconstitutional.
“It is also our contention that a mere allegation of crime without conviction cannot be used to exclude the claimant. The law is very clear: he has not been found guilty, so because of a mere allegation, he is excluded.
“Also, earlier, he was accused of fraud; when he applied for permanent secretary, he was excluded but not charged to court.
Anything done without a fair hearing is a nullity. We want your Lordship to grant an order of Interlocutory injunction to stop what is going on. Also, because we are challenging who has the power to supervise the process.”
He concluded that even though the president is responsible for appointing the accountant general, the process is handled by the Civil Service Commission and not the office of the head of service.
After listening to the argument, the presiding judge, Rekiya Haastrup, scheduled 26 February for ruling on the injunction.
In the originating summon, the claimant is asking the court for a “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 excess of her powers.
“An Order of Court that under the principles of the presumption of innocence, the applicant cannot be excluded from the process of 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 selection of 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.”
Also, in an earlier letter to the Office of the Head of Service, the legal representative wrote that any time “our client attempts to participate in the process of selection for permanent secretaries or accountant general of the federation, his name is always excluded, just as in this current exercise for accountant general of the federation.
“It is crystal clear that allegations are only made up against our client at the time of the exercise for appointments. Be that as it may, a mere allegation should not exclude our client from this exercise, as he has not been found guilty by a competent court of law for a criminal offence, neither the Independent Corrupt Practices Commission (ICPC) nor the head of service can convict him and punish him for these criminal offences. Since he has not been convicted of any criminal offence, he is entitled to the presumption of innocence as enshrined in Section 36 of the Constitution of the Federal Republic of Nigeria 1999.
“To exclude him at this stage from participating in this exercise will amount to punishing him for a criminal offence of which he has not been found guilty,” the letter stated.
