By peter uzoma
One of the perceived irregularities plaguing the Governor Rochas Okorocha government in Imo State came to the fore yesterday when a competent court of jurisdiction found the governor of the state, Owelle Rocha Okorocha wanting or unjustly sacking career Civil Servants who are yet to be retired by age for length of service.
In the National Industrial Court of Nigeria, in the Owerri Judicial Division, sitting at Owerri, Hon Justice OY Anuwe knocked out preliminary object to the effect that his court lacks jurisdiction to entertain the suit on the grounds that the suit is not a matter within the jurisdiction of the court pursuant to 208 (1) of the constitution of the Federal Republic of Nigeria, 1999, premised of a permanent secretary and it is not actionable in a court of law and their appointment is by the Governor.
In the matter between Imo State Government and the claimants Goody Dike, Alex Nlemedum, Paul Obinna Ufomadu and Justine Amafili who were unduely retired last year as permanent secretaries from the Civil Service suit in No: NICN/OW/11/2013, Justice Anuwe after listening to arguments and facts deposed by state counsel from ministry of Justice said “the cumulative effect of the authorities cited above is that since section 208 has not clearly stated that appointments covered by it are not actionable, it will be wrong to oust the jurisdiction of the court by imputing a meaning that has not been clearly stated into the provisions of that action. I therefore hold that this case is actionable in a court of law.
The trial judge after ascertaining the prayers the claimants further noted that his court has jurisdiction to entertain the suit and dismissed Okorocha and government preliminary objection.
From the ruling above, the main suit of seeking an order setting aside the purported retirement of the permanent secretaries from Imo State Service (vide letter date 30th May, 2013) and the declaration that the purported retirement by age and length of service.
Te claimant further sought a declaration that he is still a permanent secretary in the service of Imo state Government and entitled to his salaries, emoluments, benefits and privileges till 20th March 2017.
Also sought from the court was an order reinstating the claimant as a permanent secretary in the Imo state civil service and restoring the payment of salaries emoluments, allowances, benefits and privileges to the claimants by the Defendant from May 2013.
Finally, it sought an injunction restraining the defendants, their servants or agents from retiring the claimant from the Imo state Civil Service before the 20th of March 2017.
