The National Industrial Court has reinstated a dismissed staff of the Economic and Financial Crimes Commission (EFCC), Michael Nzekwe, to his status in the agency several months after he was relieved of his job.
Nzekwe had in April 2014, through his counsel Abdul Mohammed, sought an order compelling the EFCC to restore him to the service following his dismissal in February 2014 over alleged disciplinary offences.
In a judgment delivered on Thursday, Justice Babatunde Adejumo held that the dismissal of the claimant was illegal because he was not given fair hearing.
Nzekwe was declared a deserter and dismissed after he overstayed his seven-day casual leave by eight days.
He claimed his wife was hospitalised in India resulting in the over stay.
But the EFCC said Nzekwe was in possession of a memo mandating him to seek approval before travelling overseas, which he failed to comply with.
In his ruling, Justice Adejumo said the claimant should have been tried and punished on disciplinary offences as provided by the rules.
He explained that by Section 43 (e) of the EFCC Rules, the claimant did not exceed 21 days in his absence from duty to warrant his being declared a deserter.
The judge dismissed EFCC’s counter claim for the operative to refund N500,000 and other loans, and ordered the anti-graft agency to reinstate the claimant and pay him all outstanding salaries and entitlements.
He further ordered the EFCC to pay 10 per cent interest on the post-judgment debt owed the claimant.
He explained that by Section 43 (e) of the EFCC Rules, the claimant did not exceed 21 days in his absence from duty to warrant his being declared a deserter.
The judge dismissed EFCC’s counter claim for the operative to refund N500,000 and other loans, and ordered the anti-graft agency to reinstate the claimant and pay him all outstanding salaries and entitlements.
He further ordered the EFCC to pay 10 per cent interest on the post-judgment debt owed the claimant.
Source: Today
