By Dipo Olowookere
Justice Kiyashot Damlak of the National Industrial Court (NIC) sitting in Sokoto has directed the state government to reinstate the sacked Auditor General, Mr Sambo Nawawi.
Mr Nawawi, through his counsel, Sufi Basheer, had challenged the termination of his appointment before reaching the stipulated 60 years of age contained in the Auditor-General’s appointment rules.
He had filed the suit in November 2016 at the Kano Division of NIC, but the matter was later transferred to Sokoto State after the Sokoto Division of the court was created in 2017.
But counsel to the Sokoto State government, who doubles as the state’s Attorney General, Mr Suleiman Usman (SAN), argued that laid down procedures were adhered to as the law provided that civil servants should reach 60 years of age or 35 years in service.
Ruling on the matter today, Justice Damlak declared his firing as illegal and ordered the state government to pay the former Auditor General all his entitlements.
According to the judge, based on testimonies and exhibits before him, the claimant was wrongly retired from active service at the age of 52 after 35 years in service in 2016.
He held the constitution made specific terms of retirement for the office of the Auditor General with corroborating lawful provisions.
Justice Damlak noted that specific lawful provisions could not be altered with general provisions as laws were not ambiguous, stressing that Sokoto State laws and subsequent modifications were all voided as constitution superseded all provisions.
The judge declared that the lawful retirement of the claimant should be 2024 as his biological date of birth is October 18, 1964.
Modupe Gbadeyanka 
Aduragbemi Omiyale