THE National Industrial Court (NIC) sitting in Abuja has ordered the Police Service Commission (PSC) to immediately recall a suspended whistleblower, Mr Aaron Kaase back to work.
Justice R.B Hastrup had, in a 10-page judgment, held that the PSC denied Kaase the constitutionally guaranteed right to fair hearing and did not follow the laid down disciplinary procedures enunciated in the Public Service Rules before arbitrarily suspending him indefinitely from work without pay.
The trial judge also declared the suspension as null, void and of no effect and directed the Commission to immediately reinstate Kaase back to work to resume his normal duties and pay him all his emoluments and entitlements due to him during the period of his suspension.
The Judge said, “I need to reiterate here again that the employment, in this case, is a statutory one, and the Public Service Rules which govern the employment, in this case, are made pursuant to powers conferred by the constitution”.
According to the Judge, any act of discipline of a public servant in the established pensionable cadre, which is not in compliance with the public service rules will be ultra vires, null and void”.
Recalled that in May 2015, Mr Kaase, a senior officer with the PSC had petitioned both the ICPC and EFCC alleging fraud of over N275 at the Police Service Commission.
As a fallout of his petition, Mr Kaase was suspended indefinitely from work without pay, a development he had challenged at the Industrial Court.
Kenneth Achabo, who led the legal team for Kaase thanked the judge for a well-considered judgment saying the judgment is a wakeup call for public servants to be bold to expose corrupt elements in the system knowing they have the backing of the judiciary in spite of the length of adjudication.
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