After five years of protracted
legal battle between the Federal Government and Yushau Shuaib, the Federal
Ministry of Information and Culture, under the leadership of the Minister, Lai
Mohammed, has finally obeyed the National Industrial Court (NIC) order to
reinstate the embattled civil servant.
In a letter of reinstatement with
reference no. FMIC/LEG/307/VOL.1/122 addressed to Mr. Yushau Shuaib and signed
by the Director of Human Resources Management, Mr. S.U. Ewa, Mr Shuaib was
informed of the Minister’s directive to reinstate him into the civil service as
Chief Information Officer on GL14 with immediate effect.
The reinstatement letter reads in
part: “I am directed to refer to the National Industrial Court judgment dated
22nd November, 2017 on the above subject and to inform you of the Honourable
Minister’s directive that you be reinstated into the civil service as Chief
Information Officer, SGL14 with immediate effect”, the letter said.
“You are, therefore, requested to
report to the undersigned for further instruction, please”, ends the letter.
In his letter of acceptance to
the Minister dated September 17, 2018, Mr Shuaib appreciated the decision in
line with the judgment of the NIC delivered on November 22, 2017.
Mr Shuaib, while holding the
Minister in high regards, requested for the prompt settlement of his
outstanding salary arrears from June 2013 to date and gave his account details
in order for the ministry to do the needful.
Recall that Justice David Isele
of the NIC had ordered the immediate reinstatement of former spokesperson of
the National Emergency Management Agency (NEMA), Shuaib into the public service
after forceful retirement in 2013 over an opinion article he wrote on former
Finance Minister, Dr. Ngozi Okonjo-Iweala.
Shuaib had sued the Finance
Minister, Dr. Okonjo-Iweala, Federal Civil Service Commission (FCSC) and
Federal Ministry of information over the purported retirement.
James Ode Abah of Bamidele Aturu
Legal Chambers handled the case for Shuaib.
Delivering the judgment, Justice
Isele declared that the letter retiring Shuaib from service has no force of law
and is therefore illegal, unconstitutional, null and void and of no effect
whatsoever being in flagrant violation of the civil service rules.
The judge also declared: “The
premature retirement of NEMA spokesperson by the Federal Government without
conducting any investigation, without giving him an opportunity to defend
himself and without complying with the condition precedent for retirement is
contrary to Section 36 of the 1999 Constitution and therefore illegal,
unlawful, unconstitutional and null and void.”
The court, therefore, ordered
Shuaib’s back to his duty post as the Chief Information Officer without any
loss to seniority, salaries, position and other emoluments.
The judge ordered the Federal
Government to compute and pay within 30 days all salaries, allowances and other
emoluments due to Shuaib from June 2013 to the judgment date and interest at
the prevailing commercial bank’s rate on his total package.
The case centered on the illegal
and unlawful retirement of Shuaib over an allegation of criticizing
Okonjo-Iweala, in an opinion article on lopsided appointment in the public
service.
Earlier in his statement of
defence, Shuaib stated that Public Service Rule 030421 gave him the right to
write an article.
According to that section:
“Nothing in this rule shall be deemed to prevent an officer from publishing in
his own name, by writing, speech or broadcast matters relating to a subject of
general interest which does not contain a critic of any officer.” He also cited
Section 39 (1) of the 1999 Constitution which states: “Every person shall be
entitled to freedom of expression, including the freedom to hold opinions and
receive and impart ideas and information without interference.”
Shuaib, an award-winning writer,
was offered automatic employment by Delta State and Federal Government after
winning State and Presidential Awards of the National Youths Service Corps
(NYSC) scheme in 1993.
He had served at various
organisations as Public Relations Officer and Press Secretary, including at the
Delta State Government House, Asaba; the state’s Ministry of Information,
Ministry of Finance, Ministry of Health, Revenue Mobilisation Allocation and
Fiscal Commission (RMAFC), National Press Centre, and National Emergency
Management Agency (NEMA).
After his purported compulsory
retirement, Shuaib activated PRNigeria, a press release platform for critical
institutions in Nigeria serving the military, security, intelligence and
response agencies, among others.
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