President of the National Industrial Court (NIC), Justice Babatunde Adejumo, will on June 12, 2013 rule on whether the case of a former Deputy Director, Pensions Office, Abdulrasheed Maina, was properly instituted or not.
Before his dismissal for his alleged role in the pension scam, Maina was Chairman, Customs, Immigration and Prison Pension Office (CIPPO), Chairman, Pension Reform Task Team and Deputy Director (Admin), Federal Civil Service.
At the last adjourned date, the court ordered all counsel in the case to address the court on whether a case of dismissal could commence through originating summons or not.
Adejumo told counsel on both sides that the matter before the court had generated a lot of public interest and would want to apply caution in determining the suit.
When the case came up on Friday for adoption of argument, Maina’s counsel, Mr Mahmud Magaji (SAN), argued that the originating summon was the appropriate mode to commence a case of dismissal.
He urged the court to hold that originating summon was the appropriate way to commence the suit since it borders on the interpretation of statutes that govern the claimant’s employment.
The defendant’s counsel, Mr Polycap Hamman, in his own submission, argued that originating summon was not the appropriate mode of commencing a case of dismissal.
Hamman argued that the issues raised in matter were so contentious that originating summon could not be the appropriate mode to address them.
He also contended that Order 3 Rule 5(A) of the court, 2012 as amended, made it expressly clear on the mode by which
Maina had sued the Head of Service of the Federation and six others for alleged unlawful dismissal as a deputy director in the civil service.
Maina, who instituted the action through his counsel via originating summon, is praying the court to quash the purported dismissal from service.
He is also praying the court to order the defendants to reinstate him as Chairman, Customs, Immigration and Prison Pension Office (CIPPO and Deputy Director (Admin), Federal Civil Service.
The claimant is also seeking an order of the court to direct the defendants to pay him N2.5 billion in damages.
Adejumo adjourned the case to June 12 for ruling on whether the case can be determined through originating summon.