The National Industrial Court of Nigeria (NICN), Uyo Judicial Division has dismissed the suit filed by Professor Yahaya Abubakar Muhammad of the Department of Law, University of Maiduguri (UNIMAID) between the Vice Chancellor of the institution, the University, Sir Wole Sadipo and the Attorney General of the federation as 1st, 2nd, 3rd and 4th Defendants.
A sworn affidavit dated December 16, 2022 confirmed that Proceed Muhammad was a Sudanese citizen and still was able to secure a permanent and pensionable appointment for more than 40 years which is against the public service rule, reports Daily Independent.
The University of Maiduguri has already constituted a panel of inquiry to investigate the matter but was halted because the case was before the National Industrial Court.
In a suit No:NICN/MAID/01/2022 in a judgment delivered on June 13, 2024, a copy that was made available to our Correspondent in Maiduguri today revealed that Professor Muhammad had filed an Originating summons under sections, 32, 36 (1) of the 1999 Constitution (as amended), Section 28 and 35 of the Immigration Act 2015 sought to determine whether the University and other Defendants have the requisite power and authority to determine matter regarding the nationality of the claimant is unconstitutional and illegal.
In the determination of these questions, the varsity’s Law Professor claimed that the Defendants lack the power and authority to investigate and determine the Nationality of the Claimant, An order restraining the Defendants from conducting any investigation and determining the Nationality or otherwise of the Claimant and for such further Order(s) the Court may make in the Circumstance.
The Claimant had deposed that Matters regarding the Nationality of any person are issues within the exclusive powers of the President of the Federal Republic of Nigeria, Ministry of Interior, Comptroller General of Immigration and Immigration Board, hence his filing of the instant Originating Summons.
The Defendants in a 10-point countering the Originating Summons averred that the Claimants’ Originating Summons should be dismissed with substantial cost.
The 1st, 2nd, and 3rd Defendants in their case said that the Claimant by a letter dated January 4, 2022 provided details of his age at the time of graduation from the University and the fact that at the time of his graduation, he was a Sudanese citizen and not a Nigerian citizen studying in a foreign university and so he was not eligible to participate in the National Youth Service Corps (NYSC).
The 4th Defendant also said, the Claimant Graduated from the University of Khartoum at the age of 20 and was employed in the service of the 2nd Defendant at the age of 26, and was a Sudanese Citizen at the time of his graduation with passport and ID Nos. 8206 and 05586 NYSC did not apply to him.
Justice Mahmood Namtari stated “It is therefore my finding and holding that the Claimant is not entitled to the declaratory relief for lack of proof.
“The simple reason is that it is a disruption of an employer’s business to fetter him with an injunction not to discipline his staff. See the case of Shell Pet. Dev. Co (Nig) Ltd V. Omi (1998) 9 NWLR (Pt. 567) 672.
“The long and short of it is that this case is lacking in merit and is hereby dismissed with no order as to cost”.
However, with the recent Court ruling, it is expected that the panel set up by the University will be the node to conclude its investigation.
