The Director, Senate Table Duties Department in the National Assembly, Dr. Christopher Vershima Ashiekaa, has challenged attempts by the National Assembly Service Commission (NASC), to retire him from service before his statutory exit date.
The suit, which is before the Honourable Justice Osatohanmwen Ayodele Obaseki Osaghae of the National Industrial Court of Nigeria, seeks judicial interpretation of Rule 020909 of Public Service Rules, 2021 edition, which the Commission, under the Chairmanship of Engr Ahmed Kadi Amshi, wrongly applied upon to terminate the Director’s appointment.
The Claimant/Applicant is represented by Barr. Daniel Penda, while the 1st Defendants/Respondents (NASC) and the NASS Management (2nd Defendant), are represented by Abdul A. Ibrahim, SAN and Aisha O. Abdulsalam Esq, as well as Barr. Charles Yoila Esq, respectively.
In the suit number NICN/ABJ/455/2024, the claimant is arguing that his 2017 notional appointment to the post of Director Legislative should not count as he did not “Serve on the Post” and enjoyed no financial or other benefits. He is relying on previous rulings on the subject matter in the case of Amb DCB Nwanna vs National Intelligence Agency (NIA) in 2013 and several others.
When the case came up for first mention on Wednesday, Counsel to the 1st defendant pleaded for seven days to enable them file their defence, arguing that the NASC briefed them very late.
In her response, Justice Obasaki, adjourned the matter to February 17, 2025 for further mention.
The claimant, Dr Ashiekaa, joined the National Assembly in November 1992. Going by the public service retirement rule, he is expected to retire in November 2027. Similarly, Ashiekaa, who was born in 1968, has not attained the age of 60.
Besides his appointment Director in 2017 was notional, meaning that his effective date of attaining the rank of Director with financial benefit was 1st January 2018. Going by the eight-year tenure of Directors envisaged by public service Rule 020909, Dr. Ashieakaa should be retiring by January 2026. Even this, this would apply if he is still not appointed to consolidated grade.