The Attorney General of the Federation Abubakar Malami has reportedly asked the Federal High Court, Abuja, to stop the probe of the reinstatement of wanted former pension boss Abdulrasheed Maina by the Senate, The Cable reports.
It had been revealed that the reinstatement was ordered by the AGF Malami in a letter, dated September 18, 2017, written to the Ministry of Interior.
The Nigerian Senate has since ordered a probe into Maina’s reinstatement.
In the new report by The Cable, it has been revealed that Malami has asked the court to determine if the National Assembly can legitimately regulate the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant.”
Malami is asking the Federal High Court, Abuja, to declare among other things:
The employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the exclusive and concurrent legislative lists contained in the Constitution of the Federal Republic of Nigeria 1999 (as amended).
That the national assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria1999 (as amended).
The national assembly lacks the legislative competence to investigate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant which are matters exclusively within the purview of the Federal Civil Service Commission under the Constitution of the Federal Republic of Nigeria1999 (as amended).
The power of investigation vested the national assembly by section 88 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is limited and such that can only be exercised within the confines of Section 88 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The plaintiff as the chief law officer and minister of justice of the federation is bound to ensure compliance by the Federal Government of Nigeria and or any of its cognate organs/agencies with the express or implied contents of extant Judgements and Orders of competent courts in Nigeria.
The defendant cannot constitute itself into a quasi-appellate court, tribunal or panel with a view to reviewing any executive action taken in compliance with the adverse judgment in the said Suit No: FHC/ABJ/CS/65/2013.
