Court rules EFCC staff dismissal unlawful, orders reinstatement

Nigeria's Court of Appeal in Abuja has upheld a former employee's challenge against the Economic and Financial Crimes Commission (EFCC), ruling his dismissal unlawful. The appellate court affirmed the National Industrial Court's (NIC) prior judgment, ordering the reinstatement of Abraham Akoji Abutu.

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The decision was delivered by Justice Okon Abang, sitting as a member of a three-man panel of the Court of Appeal in Appeal No. CA/ABJ/CV/563/2023.

The EFCC had appealed the NIC's decision, primarily challenging the trial court's rejection of its witness's statement and tendered documents. Justice Okon Abang, a member of the three-man panel, found that the trial court erred in expunging the evidence. Citing Supreme Court precedent, Abang stated that objections to witness statements must be raised at the point of adoption, not later. Although the court restored the evidence, it declined the EFCC's request to send the case back to the NIC for a new evaluation, opting instead to rule on the substantive issues itself.

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On that issue, Justice Abang held that the trial court erred in expunging the witness’s deposition and exhibits.

Upon reviewing the evidence, the Court of Appeal determined that the EFCC failed to adhere to the Public Service Rules when dismissing Abutu. A significant finding was the identification of fundamental flaws in the EFCC Staff Handbook, which the commission relied upon for the dismissal. Justice Abang noted a lack of evidence proving the handbook was properly approved, signed, or enacted according to Section 9(2) of the EFCC Act.

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Relying on the Supreme Court’s decision in Katungu v. Umar, Abang held that objections relating to defects in a witness statement on oath must be raised at the point of adoption and not at the stage of final written addresses.

The court further concluded that even the restored evidence did not demonstrate compliance with the Public Service Rules governing the discipline and removal of employees like Abutu. As an established and pensionable employee with statutory protection, the EFCC lacked the authority to dismiss him without strict adherence to the established procedures. The ruling underscores the importance of due process and proper administrative procedures within the commission.

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The court further held that remitting the matter would serve no useful purpose.