Court quashes compulsory retirement of 4 Permanent Secretaries in Kogi

High Court

The National Industrial Court of Nigeria sitting in Kogi on Thursday quashed the compulsory and untimely retirement of four Permanent Secretaries in the state civil service by the state government.

Daily Trust reports that the Permanent Secretaries – Alhaji Sani Adamu, Dr Dahiru Shaibu, Austine Unubi and Abraham Adavi – who were on September 13, 2015, compulsorily retired from service, had approached the court to seek redress.


The presiding judge, Justice Zainab Bashir, who voided the compulsory retirement in her judgement on the consolidated suit number NIC/LKJ/10/2017 said the governor had no constitutional rights to retire them from service.


Bashir said the retirement by the state government through the state Civil Service Commission contravened extant public service rules and regulations.


She held that Section 208(1)(2) of the Constitution of the Federal Republic of Nigeria 1999 as amended on which the governor relied to sack the Permanent Secretaries only provided for removal rather than retirement.

She held that since the claimants were career civil servants, they could only be returned to their previous positions as they were not due for retirement through attainment of 60 years of age or 35 years of service.

Justice Bashir therefore granted seven of the eight reliefs sought by the claimants and ordered that they be reinstated immediately adding that their outstanding entitlements be paid them within 60 days.

The claimants had sought eight reliefs including a declaration that their appointments into the Civil Service of Kogi State and positions of Permanent Secretaries vide the defendant’s letter of 28th June, 2011 remained valid, extant and and subsisting.

They also sought orders to set aside the retirement, reinstate them with full benefits, and payment of all arrears of salaries, benefits and emoluments accruable to them from 13th September 2017 to date.

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