‘Adeosun Had No Power To Suspend Gwarzo’, Court Orders Reinstatement Of SEC DG

How Court Turned Event In Favour Of Suspended Mounir Gwarzo.

Justice Sanusi Kado of the Industrial Court has ordered the reinstatement of Mounir Gwarzo, suspended director general of the Securities and Exchange Commission (SEC).

The court also ordered that the federal government pay him all entitlements.

Naija News understands that this is coming after a panel set up to investigate Gwarzo, recommended his total removal as it claimed that it found out that he awarded contracts worth N33 million to his company.

In his judgment, Justice Kado that the minister of finance, named as the second defendant in the suit lacked the power to suspend the claimant.

In his ruling, Kado had dismissed three issues raised by defense counsel through their preliminary objection, noting that the suit was not status barred.

The judge further held that the issue in dispute was not about the position of the claimant as to the DG of the commission, but that the main concern was ‘who had the power to suspend him’.

The judge held that the second defendant (minister of finance) did not have the power to suspend the claimant since he was not an employee of the commission.

He said that the minister, in the absence of the board, only had supervisory power, which does not include disciplinary power to suspend the DG.

Kado held that it was only the permanent secretary in the ministry of finance, on the directive of the president, who had the power of suspension.

For emphasis, he said, “the minister’s role was that of recommendation”.

Kado, also held that the administrative panel of inquiry that indicted the claimant was not a court of the law neither was it a quasi-judicial body, but just a body set up for a fact-finding duty.

He, therefore, declared that the suspension of the claimant was null, void and of no effect.

Kado also declared that the recommendation of the administrative panel of inquiry set up by the second defendant, be set aside.

The judge then ordered the reinstatement of the claimant as the DG of SEC to complete his five-year tenure.

He further ordered that the claimant’s salaries, allowances and entitlements accrued be paid to him in full.

Naija News recalls that Kemi Adeosun the former finance minister had suspended Gwarzo in September 2017 and subsequently set up an administrative panel of inquiry to investigate allegations of financial impropriety leveled against him.

Gwarzo allegedly collected severance package worth N104.85 million while still in service in violation of the civil service rules.

The minister said Gwarzo was suspended from office to allow for an unhindered investigation.

Gwarzo, however, approached the court, in June 2018 to challenge his suspension, seeking for various reliefs from the defendant amongst which was an order of the court reinstating him as the DG of the Commission.

He also sought for an order of the court for the payment of all his entitlements, emoluments, allowances and other perquisites of the office of DG of SEC for the entire period he was under suspension.

Gwarzo equally sought for an order of court setting aside the entire proceedings of the administrative panel of inquiry constituted by the minister.

NAN further reports that The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had charged Gwarzo with an Executive Commissioner in the commission, Zakawanu Garuba.

They were arraigned on a five-count charge of alleged misappropriation to the tune of about N115 million and conferment of corrupt advantage on a public officer.

Hussein Baba Yusuf, a justice of the FCT high court discharged Gwarzo of the alleged charge.