President Muhammadu Buhari and the Attorney-general of the federation and minister of justice, have been joined in a suit seeking the removal of the Accountant-General of the Federation, Mr Ahmed Idris.
The plaintiff, Incorporated Trustees Of Youth Empowerment And Equal Justice in the case filed before the Federal High Court Abuja argued that the continuous stay in office of the Mr Idris “having reached the mandatory retirement age of 60 years and 35 years of service as a public servant is illegal.”
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The plaintiff also prayed the court to direct Idris to forthwith refund to the Federal Government of Nigeria all salaries, emoluments, entitlements and other benefits received, collected or paid to him in the capacity of the accountant-general of the federation from 25th of November, 2020 till date of his retirement.
The plaintiff, through their counsel, Mr. Obinna Amohra in suit number FHC/ABJ/CS/61/2020, dated January 21, 2021 prayed the court to declare that Mr. Idris is illegally occupying the office of the accountant-general of the federation.
Also joined as defendants in the suit are President Muhammadu Buhari and the attorney-general of the federation and minister of justice.
The plaintiff prayed the court to determine the following questions: Whether by the constitutional provisions of Section 171 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Public Service Rule 020810 the 3 Defendant has concluded his four year tenure and/or attained the mandatory retirement ages of 60 years or 35 years of service and therefore due for retirement forthwith?
Whether by the constitutional provisions of Section 171 of the Constitution of Federal Republic of Nigeria, 1999 (as Amended) and Public Service Rule the 3rd Defendant having concluded his four year tenure and/or attained the mandatory retirement age of 60 years or 35 years of service cannot lawfully remain in office as the Accountant General of the Federation or continue to perform any duty pertaining to thereto.
The plaintiff in the suit is also seeking the following reliefs:
A Declaration that the 3 Defendant has concluded his four year tenure and/or attained the mandatory retirement ages of 60 years or 35 years of service and therefore due for retirement forthwith.
A Declaration that the 3rd Defendant having concluded his four year tenure and/or attained the mandatory retirement age of 60 years or 3:5 years of Service in the Nigeria Civil Service cannot lawfully remain in office as the Accountant General of the Federation or continue to perform any duty pertaining to thereto.
They are asking for an order of the court directing and compelling the 1st Defendant to direct the 3rd Defendant to immediately procced on one month pre-retirement leave forthwith.
An order of court directing and compelling the 3rd Defendant to forthwith stop performing any duties or exercising any powers of the Office of the Accountant General of the Federation.
