The President, National Industrial Court, Justice Babatunde Adejumo, has fixed June 12 for ruling on whether Abdulrasheed Maina’s case was properly instituted or not.
At the last adjourned date the court ordered all counsel in the case to address the court on whether a case of dismissal could commence through originating summons or not.
When the matter came up for adoption, Mr Maina’s counsel, Mahmud Magaji (SAN) argued that the originating summon was the appropriate mode to commence a case of dismissal, since it bothers on the interpretation of statutes that govern the claimant’s employment.
While reacting to the claimant’s submission, counsel to the federal government, Mr. Polycap Hamman argued that originating summon was not the appropriate mode of commencing a case of dismissal.
Hamman argued that the issues raised in matter were so contentious that originating summon could not be the appropriate mode to address them.
He also contended that order 3 rule 5(A) of the court, 2012 as amended, made it expressly clear on the mode by which a case of dismissal could be commenced.
He however urged the court to strike out the case and order the claimant to file the matter through writ of summon.
Maina had sued the Head of Service of the Federation and six others for alleged unlawful dismissal as a Deputy Director in the civil service.
The dismissed officer, who instituted the suit through his counsel via originating summon, is praying the court to quash the purported dismissal from service.
He also prayed the court to order the defendants to reinstate him as chairman, Customs, Immigration and Prison Pension Office (CIPPO) and Deputy Director (ADMIN), Federal Civil Service.
The claimant is also seeking an order of the court to direct the defendants to pay him N2.5 billion in damages.
Maina was the chairman, CIPPO and pension reform task team before his dismissal.