The Supreme Court has set aside the compulsory retirement of Comptroller, Abdullahi Gusau from the service of the Nigerian Customs Service (NGS). The court, in a unanimous judgment of a five-man panel, ordered the immediate reinstatement of Comptroller Gusau, who was retired o December 21, 2009 by the NGS’ management allegedly on the directive of the Finance Minister.

Justice Ejembi Eko, who read the lead judgment in an appeal marked: SC/491/2014, said Gusau was wrongly retired. The judgment, copy of which The Nation obtained Wednesday, was delivered on April 7. The relationship between Gusau and the NCS was with statutory flavour and not that of ordinary master-servant in which the servant holds his employment at the pleasure of the master. Justice Eko upheld the July 11, 2014 judgment of the Court of Appeal in appeal marked: CA/A/248/2013, voiding Gusau’s premature retirement.

Other members of the panel included the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, Musa Dattijo Muhammad, Kudirat Kekere-Ekun and Sidi Dauda Bage. NCS was said to have retired Gusau on the ground that he stayed more than 10 years in a rank.His mates then are now Deputy Comptrollers General (DCGs), while others have since retired as DCGs two years ago.

Gusau challenged his retirement at the Federal High Court in Abuja, but lost. He appealed to the Court of Appeal, which reversed his retirement and ordered his reinstatement. The NCS, the Comptroller of Customs, the Ministry of Finance and the NCS Board appealed to the Supreme Court, an appeal which the apex court dismissed in the April 7 judgment.

The Nation