The Femi Falana legal chamber has petitioned the Attorney-General of the Federation and Minister of Justice, Abubakar Malami over the sacking of 95 workers by the Police Service Commission.
The letter dated April 6, 2017 and signed by a lawyer in Falana’s chambers, Samuel Ogala, drew the AG’s attention to the huge financial debt the commission would incur against the Federal Government if it continued to disobey the order of the National Industrial Court.
The PSC had terminated the appointment of 95 workers in disobedience of an order of the court directing it to regularize their appointments and to pay their salaries and entitlements from 2013 when they were engaged.
The letters which were issued to workers did not state any reason for the termination of appointment, but merely said it was in accordance with the provisions of the Public Service Rules 020801.
The letter with reference number, PSC/L/PET/239/Vol. II, dated March 30,2017 was signed by the Director, Administration, Emmanuel Ibe on behalf of the Permanent Secretary of the commission.
But Falana in the letter said the commission refused to capture his clients names in the Integrated Personal Payroll Information System thereby denying them their salaries and allowances from April, 2013 till date “which is a clear violation of Regulation 040102 and 130105 of the Federal Government Public Service Rules.”
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It read, “Kindly draw the attention of the police service commission to the legal implication of their action and the huge financial debt they are incurring against the Federal Government as our clients are being owed very four years salaries and allowances by the commission.
“Direct the commission to comply with the judgment of the court fully by withdrawing the termination letters issued to our clients and having recalled them, regularize their employment and ensure payment of all entitlements from April, 2013 till date in line with the court judgment.”
The workers had instituted a suit against the commission and its chairman, Mike Okiro at the NIC,Abuja sequel to the refusal of the PSC to pay their salaries on the grounds that their appointment allegedly did not conform to the civil service rules and regulations.
But judgment was given in their favour following the failure of the PSC to file a memorandum of appearance within the stipulated time.
Justice E.D. Isele, in his ruling, dated October 18,2016, described as illegal the refusal of the commission to pay the workers their salaries and allowances, stating that it was a violation of the provision of Section 10(3)(b) of the Police Service Commission Act, 2001, Rules 040102 and 130105 of the Public Service Rules and the Police Service Conditions of Service paragraphs 4.1(c) and 4-2(e).
The court restrained the commission from further refusing to pay the claimants their salaries and allowances, harassing, suspending their employment without due compliance with the extant provision of the law regulating the claimants’ employment.
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