Court overrules minister, orders reinstatement of suspended SEC DG

The National Industrial Court, Abuja, on Thursday, ordered the immediate reinstatement of Mounir Gwarzo, the suspended Director-General of the Securities and Exchange Commission (SEC), back to his position.

Recall that Gwarzo had approached the court in 2018 after he was suspended by former Finance Minister, Kemi Adeosun after allegations of financial impropriety was levelled against him.

Adeosun had accused the SEC DG of collecting severance package worth N104.85 million while still in service in violation of the civil service rules. The minister said Gwarzo was suspended from office to allow for an unhindered investigation.

In his judgement, Sanusi Kado, Justice of the industrial court, held that the minister of finance, named as the second defendant in the suit lacked the power to suspend the claimant.

Kado, who dismissed three issues raised by defence counsel through their preliminary objection, ruled that the suit was not status barred.

The judge further held that the issue in dispute was not about the position of the claimant as to the DG of the commission, but that the bone of contention was who had the power to suspend him.

The judge held that the second defendant (minister of finance) did not have the power to suspend the claimant since he was not an employee of the commission.

He said that the minister, in the absence of the board, only had supervisory power, which does not include disciplinary power to suspend the DG.

Kado held that it was only the permanent secretary in the ministry of finance, on the directive of the president, who had the power of suspension.

For emphasis, he said, “the minister’s role was that of recommendation”.

Kado, in addition, said the administrative panel of inquiry that indicted the claimant was not a court of the law neither was it a quasi-judicial body, but just a body set up for a fact-finding duty.

He, therefore, declared that the suspension of the claimant was null, void and of no effect. Kado also declared that the recommendation of the administrative panel of inquiry set up by the second defendant, be set aside.

The judge then ordered the reinstatement of the claimant as the DG of SEC to complete his five-year tenure. He further ordered that the claimant’s salaries, allowances and entitlements accrued be paid to him in full.