The Federal High Court sitting in Abuja, has declined to grant an order of interim injunction stopping the National Assembly from probing the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, over the reinstatement of Abdulrasheed Maina, into the Federal Civil Service.
In a motion ex parte filed by the Minister of Justice, he sought a restraining order against the National Assembly.
The court on Monday, however, refused to grant the order of injunction in a ruling it delivered after a chambers hearing of the ex parte application brought by the minister.
Rather than grant an order restraining the respondent, Justice Nyako ordered that the National Assembly be put on notice in respect to the application.
The court subsequently fixed January 15 for the National assembly to appear before it to show cause why the interim injunction sought by the Minister of Justice and Attorney – General should not be granted.
Not satisfied by the ruling, the Minister of Justice filed another motion asking the court to determine if the National Assembly has the right to probe issues relating to the “employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant”.
Mr Malami therefore, asked the court to among other things, declare that: “the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant are matters outside the exclusive and concurrent legislative lists contained in the 1999 Constitution.”
He also wants the court to declare that the National Assembly cannot legitimately regulate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant, which are matters exclusively within the purview of the Federal Civil Service Commission in accordance with the provisions of the 1999 constitution.
The minister is also seeking a declaration that the National Assembly lacks the legislative competence to investigate the employment, attendance at work, disengagement, reinstatement and or promotion of a civil servant which are matters exclusively within the purview of the Federal Civil Service Commission.
According to him, his application is filed on the strength that as the Chief Law Officer of the country, he is bound to ensure the respect for the Rule of Law and the Constitution.
