‘Consideration for Maina’s reinstatement in national interest’

Minister of Justice Abubakar Malami has denied giving directives for the reinstatement of former Chairman of Presidential Task Force on Pension Reforms Abdulrasheed Maina into the Federal Civil Service.

Maina was sacked by the Federal Civil Service Commission for absconding from his duty post before the controversial reinstatement which attracted national outcry.

Malami, yesterday at the Aliyu Madaki-led House of Representatives ad hoc committee investigative hearing on the disappearance, reinstatement and promotion of Maina said the letter of reinstatement did not emanate from his office because as at 5th October, 2017, Maina’s reinstatement matter was “work in progress” that had not been completed.

He, however, said the consideration being given to Maina’s request for reinstatement was borne out of national interest that overrides individual interests

Minister of Interior Abdulrahman  Dambazzau also washed his hands of the reinstatement, saying the office of the Minister did not write any letter to that effect, since it was an establishment rather than policy matter which he oversees.

Dambazzau said the Permanent Secretary, Abubakar  Magaji, who is on sick leave, would be in the best position to address the issue.

Head of Civil Service of the Federation (HoCSF) Winifred Eyo-Ita said she did not direct the Ministry of Interior to act on the reinstatement following a letter from the AGF requesting the reinstatement.

She said she withheld the letter that was forwarded to her desk by the FCSC to make further clarification because the action was against the government’s anti-corruption stance.

According to her, she formally questioned Magaji’s proprietary for acting on the AGF’s letter without directives from the office of the HoCSF.

The acting Chairman of the Federal Civil Service Commission ( FCSC ), Joseph Oluremi, said his Commission acted on the reinstatement based on the letter from the AGF, who made it clear that the legal process concerning the issue were carefully examined.

He also said it was not the duty of a ministry to reinstate any official.

Eyo-Ita and Oluremi said being the chief Legal officer of the country, they had no basis to question the AGF, notwithstanding that they were aware of the statutory responsibilities of their offices.

Malami, who said a multi – sectoral pension fraud syndicate was fleecing the country of N3.7b monthly, in his presentation, said he got clearance from security agencies and National Security Adviser Babagana Monguno before his meeting that was arranged through a third party with Maina in Dubai, United Arab Emirate (UAE) where he was availed further information on recovery drive and individuals involved.

Malami absolved himself of the reinstatement of Maina, saying he delegated the examination of the request by Maina’s lawyers for reinstatement to one of his subordinates.

The AGF said his minutes to correspondences between himself and the line officer in charge of the matter were about the need for the officer to present stronger evidence-based argument for the reinstatement.

Saying that he was embarrassed by media reports on his role, Malami said:  “As at 5th October, 2017, the issue of Maina was still work in progress. I did not give any directive that Maina be reinstated.

“The issue of reinstatement of Maina was done with no strings attached, based on court processes and the fact that none of the parties exercised their rights of appeal. I acted in the best interest of Nigeria, not on any individual’s interest

“The legal opinion of the AGF was anchored on my oath of office and the responsibility of the office”.

He said based on the correspondences between him and the line officer and his minutes on the correspondences, “the letter of reinstatement of Maina couldn’t have emanated from my office”.

“That letter of 21 February, when I was confronted with that letter by the Senate, it didn’t ring a bell at all in my memory. What I did was going back to the office to call for the file. And then arising from the file, I could confirm that there was a letter from Miana’s lawyer.

“I could confirm that I treated that letter in February and directed the line officer to treat it. I could confirm that the line officer revert back to a memo expressing an opinion with a draft letter, suggesting that I should direct that Maina should be reinstated.

“I could confirm that my mind was agitated over the content and the conclusion of that letter and I could confirm that I minuted on the letter of April that develop further opinion to convince me that the content and conclusion of the judgement in support of the Maina’s lawyer reasonably suggests a conclusion for a consequential effect to the judgment.

“I could confirm that there was no further correspondence from the line office up to sometime in May when the line officer now came up with additional memo and in that memo tried to justify the conclusion that I could direct for the reinstatement of Maina.

“In that memo, reference was made to court process relating to Indutrial Court in which Maina filed an action against the Federal Government.

“And I could confirm as well that I minuted on that memo directing the officer to make available copies of those court processes that were not made available in support of the memo and I could confirm there was no further correspondence in that regard until sometime in October precisely on the 5th day of October when the line officer came up with a clean – up copy of the letter seeking my endorsement. In that letter, he was making reference to the previous correspondence.

“And when the correspondence and processes could not ring bell in my memory until I read the letter with the hope to reduce the situation, it was the point at which the whole media issue surrounding the matter now evolved. So, what I am saying in essence, my position is as far as Maina’s request for reinstatement was concerned, it was indeed, a work in progress as at the fifth day of October, 2017”.

Malami said pension fraud was beyond Maina, adding that a syndicate that cuts across all sectors, including serving and retired public officers, including members of the National Assembly, was involved in cornering N3.7b monthly from pension funds.

He said it was discovered that there were over 116,000 ghost workers responsible for N829m monthly spread across 29 bank accounts.

Malami added that his office had begun investigation into the pension fraud in some key Ministries, Departments and Agencies (MDA).

“Maina was part of the syndicate until things fell apart between them, the decision I took was not about Maina but in the larger interest of Nigerians,” Malami added