BY AGNES NWORIE, ABAKALIKI
A suspended public servant, Cletus Nwakpu, has filed a N500,000,000 suit against the Ebonyi State Government and six others at the National Industrial Court sitting in Abakaliki, the state capital.
Nwakpu was in February, 2017 appointed as Project Coordinator of the World Bank Assisted Third National FADAMA Development Project in Ebonyi State but was later suspended by the state government on July 14, 2020 over allegation of N300 million fraud.
Not pleased by his suspension however, Nwakpu dragged his employer before Justice Oluwaseyi Arowosebe to seek redress in a suit marked NICN/ABK/08/2021.
Nwakpu is seeking 14 declarations of the court, including retaining his appointment as a “senior public officer in the scheduled and pensionable service of Ebonyi State Government whose employment has statutory flavour; must be disciplined, suspended and /or removed from office only in accordance with the terms and conditions of employment/service.
“That the purported resolutions of the Ebonyi State Executive Council and the approval of the governor and also the implied suspension of the claimant (Dr Nwakpu) from his confirmed and pensionable employment by the first defendant (Ebonyi State Government) as a civil servant is a brazen violation of the relevant extant provisions of the Ebonyi State Agricultural Development Programme Law Number 4, 2003, Ebonyi State Fiscal Responsibility Commission Law, Number 3, 2008, Guidelines for Appointment, Promotion and Discipline of Public Officers and Public Service Rules, contrary to the rules of natural justice, the laid down constitutional stipulations for fair hearing and therefore, unlawful, null, void and of no legal effect whatsoever.
“A declaration that the claimant, who is still a senior staff in the public service of Ebonyi State Government, is entitled to his full remunerations, emoluments, promotions, advancements in service and all other entitlement accruing to him as such officer throughout the period of his unlawful suspension.
“A mandatory order of the court setting aside the said suspension of the claimant. A mandatory order of the court reinstating the claimant forthwith to his post, office and to all the rights, privileges and benefits attached thereto and directing the first defendant (Ebonyi State Government) to pay the claimant all his remunerations, emoluments and all other entitlements accruing to him as such officer throughout the period of his unlawful suspension forthwith.
“An order of perpetual injunction restraining the defendants by themselves, their agents, officers, servants or staff from further interfering with the claimant’s performance of the functions and duties of his office and his enjoyment of his rights, privileges and benefits attached to the said office on the strength of the recommendations of third to sixth defendants.
“A mandatory order directing the defendants to pay to the claimant the sum of N500, 000,000 only being damages in aggravated terms for the flagrant violation of the claimant’s right as a senior and confirmed public officer in the scheduled and pensionable service of Ebonyi State Civil and Public Service whose employment is with statutory flavour and for the malicious and unlawful suspension, psychological and financial torture, harassment, embarrassment and loss of opportunities of employment.”
Mba Ukweni, SAN, appeared for the claimant while Chukwu-Uba Decency represented all the defendants.
The matter was adjourned till March 18 for hearing.
