A Civil Society Organisation, the Incorporated Trustees Of Anti-Corruption And Integrity Forum (ACIF) has dragged President Muhammadu Buhari before a Federal High Court sitting in Abuja, over the retirement age of the Director of Finance and Accounts (DFA) of the Joint Admissions and Matriculation Board, JAMB, Mr. Mufutau Alabi Bello.
In the suit with number FHC/ABJ/CS/2166/2022 the CSO said Mr. Mufutau Alabi Bello is due for retirement from service but still remain in the employ of the Federal Government contrary to Civil service Rules and the Constitution of the Federal Republic of Nigeria 1999.
In the court documents sighted by journalists, the Plaintiff said Bello was supposed to have retired as a civil servant on May 9, 2022 but still remained in active service with the tacit approval of Prof. Is-haq Oloyede being the JAMB Registrar.
The group prayed the court to compel Mr. Mufutau Alabi Bello to refund all the salaries and allowances he has collected since May 9, 2022 when he was supposed to have left active service till date. Others joined as Defendants in the case alongside President Buhari and Bello are Minister of Education, Head of Civil Service of the Federation, Chairman, Federal Civil Service Commission, Prof. Is-haq Oloyede (Registrar, JAMB) and Chairman, Governing Board, JAMB.
Amongst other questions, the group prayed the court to determine:
“Whether this Honourable Court is not entitled to direct the 2nd 3rd, 4th, 5th and 6th Defendants to forthwith remove the 7th Defendant from office as the Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) on the ground that he has attained the compulsory retirement age on 9th May, 2022?
“Whether this Honourable Court is not entitled to compel the 7th Defendant to refund to the coffers of the Federal Government of Nigeria under the leadership of the 5th Defendant all the salaries, allowances and other emoluments he has received as the Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) from 9th May, 2022 till date being that he did not legally earn those salaries, allowances and other emoluments?
The Plaintiff claims against the Defendants jointly and severally as follows:
“A declaration that going by the interpretation of Chapter 2, Section 8, Rule 020810 of the Federal Government Public Service Rules 2009 read in community with Section 318 (1) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) Mr. Mufutau Alabi Bello sued as the 7th Defendant herein is not qualified to remain in office as Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) having attained the mandatory retirement age of 60 (Sixty) years on 9th May, 2022.
“A declaration that the action of the 2nd, 3rd, 4th 5th and 6th Defendants by allowing the 7th Defendant to continuously remain in office as Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) even after attaining the mandatory retirement age of Sixty (60) years on 9th May, 2022 is usurpation of the powers of President Muhammadu Buhari sued as the 1st Defendant herein and therefore illegal, improper, null and void and tantamount to a flagrant breach of Chapter 2, Section 8, Rule 020810 of the Federal Government Public Service Rules 2009.
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“An order directing the 2nd, 3rd 4th 5th and 6th Defendants to forthwith remove the 7th Defendant from office as the Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) on the ground he has attained his compulsory retirement age on 9% May, 2022.
“An order compelling the 7th Defendant to refund to the coffers of the Federal Government of Nigeria under the leadership of the 1st Defendant all the salaries, allowances and other emoluments he has received as the Director of Finance and Accounts of Joint Admissions and Matriculation Board (JAMB) from 9th May, 2022 till date being that he did not legally earn those salaries, allowances and other emoluments.
Also in two separate cases with numbers FHC/ABJ/CS/2164/2022 against the Economic and Financial Crimes Commission, EFCC and FHC/ABJ/CS/2165/2022 against the Independent Corrupt Practices and other Related Offences Commission, ICPC, respectively, the same ACIF prayed for an order of mandamus of the court compelling the two agencies to release to it the report of investigation against Prof. Oloyede and Mr. Bello.
Recall that the duo of Prof. Oloyede and Mr. Bello have been in the eye of the storm over allegations of corruption, fraud, abuse of office and illegal diversion of public funds from the coffers of JAMB. Several organizations including Transparency Advocacy for Development Initiative, TADI have been calling on Mr. President and the Honourable MInister of Education to sanitize JAMB by sacking the two principal officials.
The three cases have been assigned to Justice Lewis Allagoa and fixed for 10th and 13th January, 2023 respectively for hearing.
