Thursday, 24 October 2013
The National Industrial Court (NIC) in Abuja on Wednesday fixed November 29, 2013, for its judgment in a suit filed by the former executive director of the Nigerian Communications Commission (NCC), Dr Bashir Gwandu, challenging the propriety of his removal from the NCC by President Goodluck Jonathan.
Justice E.D. Isele also stated that he would deliver his ruling on the said day over the preliminary objection by the federal government challenging the validity of the suit.
Gwandu had named the attorney -general of the federation (AGF) and the minister of justice , Mr Mohammed Adoke (SAN), as co-defendants to the suit.
Gwandu speaking trough his lawyer Mr Femi Falana (SAN) yesterday, told the court that he was illegally removed from office and urged the court to set aside his removal from office on the grounds that it offends section 10 of the NCC Act.
Falana further informed the court that his client was not given fair hearing before he was relieved of his post.
The senior advocate said, “This case is anchored on section 10 of the NCC Act. It has to do with the removal of the claimant from office through a letter. That letter offends section 10 of the NCC act.
“Before a commissioner can be removed from office, the President, through the Secretary of the Government of the Federation (SGF) or the Minister of Communication must write to him to defend the allegation against him within 14 days. In this case, the President never wrote to the plaintiff to defend himself.
“We urge the court to grant the reliefs sought by the claimant and dismiss the objection of the defendants.”
But the lawyer to the AGF, Mr. Mbam P.C., had in his argument against the suit, argued that the claims of the plaintiff could not be granted on the grounds that there were many issues that should be proved.
He said, “The only issue in the case is not non-compliance to section 10 of the NCC Act. There are several issues that need to be proved. We urge the court to dismiss the suit and hold that due process was followed in the removal of the plaintiff from office”.
Gwandu in the suit urged the court to take judicial notice of the fact that his removal from office fell short of set procedure.
