The Supreme Court, has set aside the compulsory retirement of Comptroller Abdullahi Gusau, from the service of the Nigerian Customs Service, NGS.
The court in a unanimous judgment of a five-man panel, ordered the immediate reinstatement of Comptroller Gusau, who was retired on December 21, 2009, by the NGS’ management, allegedly on the directive of the Finance Minister.
Justice Ejembi Eko, who read the lead judgment in an appeal marked: SC/491/2014, said Gusau was wrongly retired.
The judgment, copy of which The Nation obtained on Wednesday, was delivered on April 7.
The relationship between Gusau and the NCS, was with statutory flavour and not that of ordinary master-servant, in which the servant holds his employment at the pleasure of the master.
Justice Eko upheld the July 11, 2014 judgment of the Court of Appeal in an appeal marked: CA/A/248/2013, voiding Gusau’s premature retirement.
Other members of the panel included the Chief Justice of Nigeria, CJN, Justice Walter Samuel Nkanu Onnoghen, Justices Musa Dattijo Muhammad, Kudirat Kekere-Ekun, and Sidi Dauda Bage.
The NCS was said to have retired Gusau on the ground that he stayed more than 10 years in a rank. His mates then are now Deputy Comptrollers General, DCGs, while others have since retired as DCGs, two years ago.
Gusau challenged his retirement at the Federal High Court, in Abuja, but lost. He appealed to the Court of Appeal, which reversed his retirement and ordered his reinstatement.
The NCS, the Comptroller of Customs, the Minister of Finance, and the NCS BOA, appealed to the Supreme Court, an appeal which the appex court dismissed in the April 7 judgment.
Gusau, who was elated about the judgement, claimed that he was unceremoniously retired, four days after he uncovered over N1.3 billion fraud via an online audit, through the Single Good Declaration, SGD, when he was Comptroller Post Clearance Audit NCS HQ.
He said the fraud was uncovered in only 20 SGD, while hundreds of SGD were generated daily.
Gusau added that he wrote a report on the alleged fraud on December 17, and was retired on December 21, 2009.
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