
The trial judge, Justice Elvis Chukwu in his judgment ruled that the Federal High Court lacked jurisdiction to hear the suit since it is a labour related issue.
He agreed with the federal government that haven been employed by the federal government ,whether as a political appointee or not ,the plaintiff Mr Joe Musa is subject to all the conditions of service guiding the public servant as such ,his case is labour related.
He further added that the 1999 constitution following the third amendment has vested the national industrial court with the powers to hear and determine any labour related issue.
He therefore disqualified himself from hearing the suit, but rather than dismiss the suit, Justice Elvis Chukuwu made an order that the case be transferred to the National Industrial Court to decide the propriety of the case or otherwise.
Mr Joe Musa had filed a suit against the federal government seeking his re-instatement as the Director-General of the National Art Gallery.
He also wants the court to pay him his outstanding emolument from the time he was removed in 2009 till date.