Maina: Malami file suit to stop Senate investigation into reinstatement scandal

Minister of Justice and Attorney General of the Federation, Abubakar Malami, has filed a lawsuit in the Federal High Court, Abuja, to stop the Senate from investigating the reinstatement scandal involving wanted ex-pensions reform boss, Abdulrasheed Maina.

According to a report by TheCable, the AGF filed the suit with Justice Binta Nyako, urging the judge to stop the upper legislative chamber from probing the case because it lacks "legislative competence".

Former chairman of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina, is a fugitive 

The suit read, "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."

Maina's controversial reinstatement

In October 2017, Maina was recalled and promoted to head the Ministry of Interior's human resource department despite pending corruption charges against him.

This was after he was dismissed by the Federal Civil Service Commission in 2013 following a recommendation by the Office of the Head of Service.

In 2015, Maina was charged alongside former Head of Service, Steve Oronsaye, Osarenkhoe Afe and Fredrick Hamilton Global Services Limited before a Federal High Court on a 24-count charge bordering on procurement fraud and obtaining by false pretence through the award of fraudulent biometric contracts.

After he was declared wanted over an alleged N2 billion pension fraud, he fled abroad to the United Arab Emirates (UAE), evading the capture of the Economic and Financial Crimes Commission (EFCC).

AGF Malami; Minister of Interior, Abdulrahman Dambazau; the Permanent Secretary, Ministry of Interior, Abubakar Magaji; and Head of Service, Mrs Winifred Oyo-Ita, have all been implicated in the scandal.

Malami denies writing letter of reinstatement

While appearing before the House of Representatives ad-hoc committee probing the issue on November 30, 2017, the AGF continued to insist that the letter of reinstatement that kickstarted the whole Maina controversy never had his authorisation despite bearing the seal of his office.

He informed the Aliyu Madaki-led committee that an investigation was already underway to determine how the letter was initiated and sent out, and that results of the investigation will be forwarded to the committee.