From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has been asked to order the removal of Mr Ahmed Idris as the Accountant-General of the Federation (AGF).
A suit by the plaintiff, Incorporated Trustees of Youth Empowerment and Equal Justice, predicated its case on the ground that having reached the mandatory retirement age of 60 and 35 years of service as a public servant, the AGF should retire.
The group urged the court to declare that Mr Idris is illegally occupying the office of the AGF and should be ordered to refund to the Federal Government of Nigeria all salaries, emoluments, entitlements and other benefits received, collected or paid to him in the capacity of the Accountant-General of the Federation from November 25, 2020, till the date of his retirement.
Idris was expected to retire from service as the AGF on November 25, 2020, but has remained in office despite the expiration of his tenure.
The plaintiff in the suit filed by its counsel, Obinna Amohra, dated January 21, 2021, prayed the court to declare that Mr Idris is illegally occupying the office of the Accountant-General of the Federation.
Also joined as first and second defendants are President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice (AGF).
The plaintiff prayed the court to determine the following questions: ‘Whether by the constitutional provisions of Section 171 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Public Service Rule 020810 the 3rd defendant (Idris) has concluded his four-year tenure and/or attained the mandatory retirement ages of 60 years or 35 years of service and therefore due for retirement forthwith?
‘Whether by the constitutional provisions of Section 171 of the Constitution of Federal Republic of Nigeria, 1999 (as Amended) and Public Service Rule the 3rd day (Idris), having concluded his four-year tenure and/or attained the mandatory retirement age of 60 years or 35 years of service cannot lawfully remain in office as the Accountant-General of the Federation or continue to perform any duty pertaining to thereto.’
The plaintiff in the suit is also seeking the following reliefs: “a declaration that the 3rd defendant (Idris), has concluded his four-year tenure and/or attained the mandatory retirement ages of 60 years or 35 years of service and therefore due for retirement forthwith.
A declaration that the 3rd day (Idris), having concluded his four-year tenure and/or attained the mandatory retirement age of 60 years or 35 years of Service in the Nigeria Civil Service cannot lawfully remain in office as the Accountant-General of the Federation or continue to perform any duty pertaining to thereto.
They are asking for an order of the court directing and compelling the 1st Defendant to direct him (Idris) to immediately proceed on one-month pre-retirement leave forthwith.
An order of the court directing and compelling Idris to forthwith stop performing any duties or exercising any powers of the Office of the Accountant-General of the Federation.