The Presiding Judge, Uyo Judicial division of the National Industrial Court, His Lordship, Hon. Justice Mahmood Namtari has ordered Akwa Ibom State Government and its Attorney General to pay former Member of State Local Government Service Commission Mr Eno Inyang the sum Ten Million, Six Hundred and Twenty Five Thousand, Eighty-Three Naira, Sixty Four kobo as arrears of salary, allowances and fringe benefits due to him from August 2015 till the end of his tenure 2nd January 2017 within 30 days.

The Court held that the tenure of Mr. Inyang as member of the State Local Government Service Commission can only be terminated in accordance with the provision of the Constitution. 

From facts, Mr Inyang had submitted that he was appointed as a member of the State Local Government Service Commission on 9th January 2013, got his salary and allowances regularly until July 2015 when the payments were stopped and despite that he continued to work.

That sometimes in September 2016 without notice to any member of the Commission, the State Govt appointed a new Chairman and members to replace them in flagrance with the rule of law. 

In response, the Defendant objected that the matter was statute-barred and the application was dismissed for lacking merit.

The State government further submitted that Mr Inyang salary was stopped when he refused to declare his assets as required by law and therefore not entitled to salaries beyond July 2015.

The Defendants posited that the Claimant was a Public Officer and that Section 16 Part II of the Fifth Schedule to the 1999 Constitution (as amended) classified Chairmen, members and staff of permanent commissions or councils appointed on full time basis as public officers for the purposes of the Code of Conduct. 

And further submitted that having disregarded the constitutional provision of declaring his asset and liabilities that the State Governor was right in nominating another person as a member of the State Local Government Service Commission urged the court to dismiss the action with substantial cost. 

In reply, Claimant-Inyang submitted that he duly completed and submitted the assets declaration forms immediately after the appointment, described his removal as an afterthought, urged the Court to grant reliefs sought.

Delivering Judgment, the presiding Judge, Justice Namtari held that it was unconstitutional for the Defendants to remove the Claimant as a member of the State Local Government Service Commission under the pretext of the fifth schedule of the 1999 Constitution. 

“Even a casual look at the whole provisions of the Constitution on Code of Conduct for Public Officers clearly shows the removal of a public officer is not contemplated for failure to declare his assets. At best, the allegation that a public officer has committed a breach of or has not complied with the provisions of the code shall be made to the Code of Conduct Bureau. No more, no less.” Justice Namtari.

The Court held that the appointment of new members into the State Local Government Service Commission before the expiration of the tenure of the claimant and the refusal of the Defendants to pay the salary, fringe benefit and allowances of the Claimant is contrary to the provisions of the Akwa Ibom State Local Government Laws.

Justice Namtari also ordered Defendants to pay Mr Inyang the sum of N3,750,330.00 as severance package and N250,022.00 annual leave for 2015 and 2016 within 30 days.

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