The National Industrial Court, Abuja on Wednesday dismissed a suit challenging an alleged tenure elongation filed against the Comptroller-General of Immigration, Mr Muhammed Babandede, by one Mr Daniel Makolo, for lack of locus standi.
Also joined as co-defendants in the suit are the Minister of Interior, chairman, Civil Defence, Correctional, Fire & Immigration Services Board (CDFIPB); The Director/ Secretary, Civil Defence, Correctional, Fire & Immigration Services Board (CDFIPB).
Others were The Civil Defence, Correctional, Fire& Immigration Services Board (CDFIPB); The Nigeria Immigration Service (NIS); The Head of Service of the Federation.
Other defendants also were The Federal Civil Service Commission; The Secretary to the Government of the Federation; The National Security Adviser to the President and The Attorney-General and Minister of Justice, Federal Republic of Nigeria.
In a ruling delivered by the presiding judge, Justice Olufunke Anuwe, the court held that the inability of the claimant to disclose how his interest was violated by the continual stay in office of Babandede, was detrimental to his case.
The Court in its ruling first delved into the preliminary objection as raised by defence which equally bordered on the claimant’s lack of locus standi.
A locus standi is the right or capacity to bring an action or to appear in a court.https://scudnewsng.com
Anuwe further added that the concept of locus standi stated that there must be a correlation between a litigant sufficient interest and the subject matter for the suit to be entertained by the court.
The judge in addition said that the suit which was instituted on Aug. 2020 via an Originating Summons supported by an Affidavit and a Written Address, was examined by the court in order to arrive at its decision.
She said as at the time the suit was instituted by the claimant, he was no longer a staff of the NIS and therefore challenging the continual stay of Babandede and how it affected his interest was a prerequisite to his case.
She concluded that the claimant did not seek personal reliefs in his prayers and said” the failure of the claimant to disclose injuries means that he lacks prerequisite locus standi to institute this suit and as such the suit is hereby dismissed”.
From facts, the plaintiff, Makolo from the originating summons had prayed the court for the interpretation and determination of the application of circular number CDFIPB/ RTD/NIS/316/VOL.11 of May 18,2016, recirculated by circular number NIS/HQ/ACGADM/018/VOL.1/56 of May 23,2016.
The circulars which were made in pursuant to the provision if the Public Service Rules 100238 and 020810 which derived its powers from Section 160,169170 and 172 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
Section 2 and 3 of the Nigeria Immigration Service Act, 2015 and the Tenure of Service in the issued Guidelines for Appointment, Promotion and Discipline for use in CDFIPB.
Makolo in praying for the interpretation and determination of the above circulars, equally prayed the court to make an order directing the Minister of Interior, the Director/Secretary of CDFIPB and the CDFIPB itself, their agents servants or privies to suspend Babandede from carrying out any functions and duties of the Comptroller-General, NIS after June 13, 2020, pending the hearing and determination of the motion on notice already filed and served.
The plaintiff predicated the summons on various grounds amongst which was that the tenure of service of a civil/ public servant was regulated by law.
Another ground was that there was no provision under the law for selective application of the relevant laws made pursuant to the constitutional order.
Included in the ground for summons was that the Public Service Rule was meant to be applied to all public servants in service without exception.
Makolo in addition prayed the court that the discriminatory application of the circulars made by the Minister, Secretary, CDFIPB to favour Babandede only, was wrongful, unlawful and was against national interest, collective safety, security of Nigeria and law abiding citizens, public policy, the interest of justice and fairness and rule of law.
