Industrial Court Rules Disciplinary Dismissal of EFCC Operative Unlawful and Orders Immediate Reinstatement

The National Industrial Court has delivered a definitive judgment against the Economic and Financial Crimes Commission (EFCC), declaring its administrative dismissal of a regular operative illegal, unconstitutional, and a direct violation of statutory civil service rules. In a highly critical ruling, Justice Sanusi Kado voided the commission's disciplinary actions, ordering the apex anti-graft agency to immediately reinstate the officer with full restoration of seniority, benefits, and back pay from the date of the unlawful termination.

The legal battle stems from a series of internal disciplinary actions initiated by the EFCC against its staff member, Mr. Abdulrahman Babazango. The commission had abruptly terminated Babazango's employment following an internal investigation into allegations of professional misconduct. However, Babazango challenged the action through his legal counsel, arguing that the EFCC management completely bypassed established administrative protocols and failed to grant him a fair hearing before executing the dismissal.

Procedural Violations and Statutory Compliance

Justice Kado upheld the plaintiff's arguments, ruling that while the EFCC possesses the statutory authority to discipline its personnel, such powers must be exercised in strict accordance with the EFCC Staff Regulations and the Public Service Rules.

The court found that the commission's internal disciplinary committee acted as both the accuser and the judge, completely failing to provide the operative with adequate notice of the specific charges or a meaningful opportunity to defend himself. Justice Kado emphasized that any disciplinary procedure that violates the fundamental principles of natural justice and fair hearing—as guaranteed by Section 36 of the 1999 Constitution—renders the resulting dismissal completely null and void.