Court Fixes Tuesday To Rule On NIS Boss Tenure Elongation

• Plaintiff wants court to nullify defendant action

The National Industrial Court of Nigeria (NICN) in Abuja says it will on Tuesday determine the legality of Comptroller General of Nigeria Immigration Service (NIS), Muhammed Babandede tenure elongation by President Muhammadu Buhari.

The proceeding is sequel to a legal action instituted by a lawyer, Daniel Makolo, who prayed the court to nullify the alleged tenure extension of the NIS Boss by the president.

The suit has as defendants, the Minister of Interior; the Director/Secretary of the Civil Defence, Correctional, Fire and Immigration Services Board (CDCFIB); Babandede; the Nigerian Immigration Service (NIS); the Head of Service of the Federation, Federal Civil Service Commission (FCSC); the National Security Adviser (NSA); the Secretary to the Government of the Federation (SGF) and the Attorney General of the Federation (AGF).

In the litigation, Makolo is asking the court to declare, among others, that no known laws allow either the President, acting by himself or through any agency of government, to extend the period of service of a public officer with statutory tenure.

Makolo also prays the court to declare that Babandede’s (the fourth defendant’s) tenure, as a public officer employed on September 13, 1985, as an Immigration Officer, has ended and his further stay in office “is arbitrary, unlawful, immoral and unconstitutional”.

Also Read: Police Arrest ‘Immigration Officer’, Three Others With 3 Trailers Of Rustled Cows

The plaintiff, in a supporting affidavit, noted that while Babandede had, since becoming the NIS boss, applied the Public Service Rules (PSR) 100238 and 020810, which provide the mandatory retirement ages and tenure of service for public officers, is by himself unwilling to adhere to the provisions.

Makolo averred that Babandede ought to observe the provisions of the PSR 100238 and 020810, like other civil servants employed at the same time with him in 1985, who have since vacated office in compliance with the rules.

He added that since Babandede’s tenure had lawfully expired on June 13, 2020, all his subsequent actions, including the disbursement of funds, are illegal and that he should be compelled to make refund.

“The refusal, failure and neglect of the fourth defendant to proceed on retirement fuels the speculation that his failure to proceed on his pre-retirement leave is in his bid to cover up his alleged corrupt practices and those of his benefactors and protégé,” Makolo said.