The Court of Appeal in Abuja has dismissed an appeal filed by the Economic and Financial Crimes Commission (EFCC) challenging the reinstatement of its former employee, Abraham Akoji Abutu, ruling that the anti-graft agency lacked the legal authority to dismiss him based on an invalid staff handbook and without complying with the Public Service Rules.
In a judgment delivered last week, Justice Okon Abang, who read the lead judgment of a three-member panel, affirmed the earlier decision of the National Industrial Court which nullified Abutu’s dismissal and ordered his reinstatement.
The appellate court held that the EFCC failed to establish that it followed the statutory procedures required for the dismissal of a pensionable public servant, stressing that administrative actions must conform strictly with extant laws and regulations.
Justice Abang ruled that the Commission’s reliance on its Staff Handbook as the basis for the dismissal was fundamentally flawed, noting that the document lacked evidence of valid approval and failed to meet the requirements stipulated under the EFCC Act.
“There is no indication that the EFCC Staff Handbook, which the appellant used as an instrument to dismiss the respondent from service, was validly approved or signed,” the court held.
The judge further observed that the handbook contained no commencement date showing that it had been approved by the Commission in compliance with Section 9(2) of the EFCC Act.
According to the court, the EFCC also failed to present credible evidence demonstrating compliance with the Public Service Rules before dismissing the officer.
“The EFCC lacks the authority to dismiss an officer of the respondent’s grade level, being an established pensionable staff member and a public servant,” Justice Abang declared.
The appeal stemmed from a judgment of the National Industrial Court delivered on February 9, 2021, which invalidated Abutu’s dismissal from the Commission.
Dissatisfied with the ruling, the EFCC filed an appeal seeking to overturn the decision and requested that the matter be remitted to the trial court for a fresh evaluation of evidence.
However, the Court of Appeal rejected the request, agreeing with the respondent that the appellate court possessed sufficient powers to determine the issues in dispute.
Justice Abang noted that the EFCC failed to respond to critical arguments raised by the respondent and was therefore deemed in law to have conceded those arguments.
“The law is settled that where an appellant fails to file a reply brief, he is deemed to have conceded the respondent’s argument,” the court stated.
The court subsequently proceeded to determine the substantive issues and found no merit in the Commission’s appeal.
Abutu, a senior EFCC operative on Salary Grade Level 9, was dismissed in 2013 following allegations that he issued dud cheques to his landlord in Abuja.
Court records showed that he had entered into a tenancy agreement in 2012 and later sought to reduce the duration of the lease due to an anticipated transfer from Abuja.
As part of the arrangement, he issued cheques worth N500,000 as security while subsequently settling the rent through instalment payments.
Following a petition by the property manager, the EFCC queried the officer in February 2013. Although he responded to the allegations, he was disengaged from the Commission in June and formally dismissed in November of the same year.
Challenging the decision, Abutu argued that the Contravention and Disciplinary Policy Committee, which recommended his dismissal, was not a disciplinary body recognised under the Public Service Rules.
In dismissing the EFCC’s appeal, the Court of Appeal effectively upheld the lower court’s findings and reaffirmed that disciplinary actions against public servants must strictly comply with applicable laws and procedures.
Legal observers say the ruling reinforces the principle that public institutions cannot rely on internal regulations that conflict with statutory provisions and that any dismissal carried out in breach of due process was liable to be declared unlawful, null and void.
The judgment brings to a close, a protracted legal battle that began more than a decade ago and secures the reinstatement of the former EFCC operative.
