The National Industrial Court (NIS) has fixed March 25 for an accelerated hearing on the case seeking to stop the process of the appointment of Accountant General of the Federation.
The court presided over by Rekiya Haastrup, on Wednesday, however, declined the interlocutory injunction brought before it by the claimant to halt the process.
The claimant’s counsel, Ibrahim Angulu, SAN, told journalists after the court’s sitting, that the judge’s decision was based on public interest.
According to him, the judge explained that “there cannot be a vacuum. If the process of appointing a new Accountant General is stopped, it will not be in the public interest.”
He said the judge assured that some of the issues canvassed by the claimant will be determined at the main suit.
“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; because of a mere allegation, he cannot be excluded,” Angulu argued.
The claimant, Joshua Kadmi Luka, a director in the federal civil service, had approached the court alleging exclusion from participating in the selection process of the new Accountant General of the Federation.
Luka who pleaded for accelerated hearing of the case “in view of the importance of the matter and the timeline involved,” also faulted the selection process.
He told the court that to exclude him from participating in the exercise would amount to punishing him for a criminal offence for which he has not been found guilty.
“It is crystal clear that allegations were only made up at the time for the exercise for appointment,” he said, adding that he has not been found guilty by a competent court of law for a criminal offence.
The claimant further argued that neither the Independent Corrupt Practices and Other Related Offences Commission (ICPC) nor the Head of Service can convict him or punish him for the alleged criminal offences.
He also faulted the selection process and said it is the Civil Service Commission and not the OHSF that is supposed to conduct the selection process.
