Court dismisses EFCC appeal over employee’s dismissal

The Court of Appeal, Abuja Division, has dismissed the appeal filed by the Economic and Financial Crimes Commission (EFCC) against its former employee, Abraham Akoji Abutu, holding that the Commission lacks the authority to dismiss an officer relying on an “invalid Staff Handbook”.

The judgment was delivered on Thursday by Justice Okon Abang, sitting as a member of a three-man panel of the Court of Appeal and reading the leading judgment in EFCC v. Abraham Akoji Abutu, Appeal No. CA/ABJ/CV/563/2023.

The appeal arose from the judgment of the National Industrial Court, Abuja Judicial Division, delivered on 9 February 2021, in which the dismissal of Abutu by the EFCC was declared null and void.

Dissatisfied, the EFCC appealed the decision.

What the Court said

Stressing the supremacy of statutory procedure over administrative expediency, Justice Abang held that, having failed to comply with the Public Service Rules and having dismissed its employee upon an “invalid Staff Handbook”, “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.”

While the EFCC urged the Court of Appeal to remit the matter to the trial court for a fresh evaluation of restored evidence, the respondent urged the appellate court to invoke its statutory powers and determine the controversy itself.

Justice Abang accepted the respondent’s argument, holding that the appellant had failed to join issues with the respondent on the point and was therefore deemed in law to have conceded the argument.

In the words of the court:

• “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 judge further held that a remittal would serve no useful forensic purpose and proceeded to determine the substantive merits of the appeal.

• Justice Abang held that the EFCC failed to adduce any evidence—whether through oral testimony, cross-examination or documentary exhibits—to establish compliance with the Public Service Rules prior to dismissing the respondent.

The court identified fundamental defects in the instrument upon which the Commission purportedly relied.

According to the judgment:

• “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.
• “Beyond this, there is no commencement date showing that it was approved by the Commission in compliance with Section 9(2) of the EFCC Act.”

Justice Abang observed that there is nothing in the reinstated evidence of the EFCC witness indicating that the Public Service Rules were complied with by the Commission

• “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,” the judge added.

Justice Abang concluded that the EFCC appeal lacks merit and was accordingly dismissed. The decision of the trial court which reinstated the dismissed EFCC operative was affirmed.

Backstory

Dissatisfied with that trial court judgment, the EFCC filed a notice of appeal on 17 November 2022.

The central issue on appeal concerned the trial court’s decision to reject EFCC witness’ statement on oath relating to the dismissal and the evidence tendered through him

Abutu, a senior staff member of the EFCC employed on Salary Grade Level 9 was summarily dismissed over allegations that he issued dud cheques to his landlord in Abuja before his transfer to the appellant’s office in Enugu State.

• In 2012, the official entered into a tenancy agreement for a three-bedroom apartment and paid rent of N1,000,000 to his landlord.
• He later requested to convert the tenancy to a six-month arrangement due to an anticipated transfer.
• The respondent subsequently issued cheques amounting to N500,000 to the property manager as security for the six-month tenancy.
• The respondent was later transferred to Enugu State and subsequently paid the rent in instalments of N100,000 and N400,000.

The property manager later petitioned the EFCC on 10 October 2012.

• On 28 February 2013, the appellant issued a query to the respondent.
• The respondent replied to the query, explaining the circumstances surrounding the cheques and the rent payments.

On 5 June 2013, the appellant sent a letter to the respondent concerning his disengagement from the Commission. The appellant subsequently dismissed him from service on 29 November 2013.

The respondent approached the court, arguing that the body which recommended his dismissal, namely the Contravention and Disciplinary Policy Committee, was not recognised under the Public Service Rules.

What you should know

The judgment effectively reaffirmed the invalidity of the EFCC Staff Regulations 2007.

It underscores that disciplinary actions and dismissals in public institutions must strictly comply with the applicable Public Service Rules.

The decision further implies that any dismissal carried out in violation of the relevant laws and procedures is liable to be declared illegal, null and void by the courts.