Baba in the letter noted that Justice Imam from Zamfara State had headed the Sharia Court of Appeal of the Federal Capital Territory, Abuja since early 2017.
An anti-corruption civic group, the Network Against Corruption and Trafficking (NACAT) has written to the National Judicial Commission (NJC) demanding immediate retirement of the Grand Khadi of Sharia Court of Appeal, Federal Capital Territory, Abuja, Justice Ibrahim Rufai Imam.
The group made the demand in the letter dated October 30, 2023, signed by its Manager, Onuoha Johnson Baba, and addressed to the Chairman of NJC.
Baba in the letter noted that Justice Imam from Zamfara State had headed the Sharia Court of Appeal of the Federal Capital Territory, Abuja since early 2017.
“From verifiable and available records, he was due to retire from service on the 15th day of July, 2023. 2. We are aware that by Chapter 12, Rule 120243 of the Revised Federal Government Public Service Rules 2021 (PS), a retiring public servant is required to give 'three-months notice to retire' to his regulatory or appointing body.
“Without missing words the provision of Chapter 12, Rule 120243 of the PSR provides as follows, "Officers are required to give three months notice to retire from service before the effective date of retirement. At the commencement of three months, Officers should proceed immediately on the mandatory one-month pre-retirement workshop/seminar: For the remaining t o months, retiring Officers are expected to take necessary measures to put their records straight so as to facilitate the speedy processing of their retirement benefits."
“It is worthy of note that by Rule 010101, item xi of the PSR, the above quoted portion applies in all force to all members of the Public Service including the Grand Khadi and Khadis of the Sharia Court of Appeal of the Federal Capital Territory.
“Interestingly, Rule 120101 of the PSR define Leave as the authorised absence of an officer from duty for a specific period as provided for in chapter 12 of the PSR. What this means is that, the authorised absence from duty includes that in connection to three months pre-retirement leave.
“As a body concerned about proper administration and good governance, it is our conviction that, a retiring officer MUST give in writing three months notice of his retirement and during the pre-retirement leave period, stop signing official documents as the key task is to make necessary handing over preparation to the most senior in office.
“It will certainly be a flagrant violation of the PSR for retiring officers not to issue three months retirement notice and or issued the notice, but refuse to proceed immediately on a mandatory three months leave before the final departure from service.
“Recall that we had earlier, by a letter dated 6th October, 2023 and pursuant to the Freedom of Information Act demanded for the Retirement Notice of the Hon. Justice Ibrahim Rufai Imam from your management, however, till date no response was received.
“From this corollary, the incumbent head of the Sharia Court of Appeal of the Federal Capital Territory, Justice Ibrahim Rufai Imam who had not left the office may had not issued/submitted the three months retirement notice in violation o f Rule 120243 of PSR or had issued same but 'maneuver' his way to remain in office.
“We are not unmindful of the signing into law of the amendment to the Constitution by the President in June 2023 extending the tenure of judges from 65 years to 70 years.
“However, it was certain that the Grand Khadi of Sharia Court of Appeal of the FCT was already in his retirement leave period when the Bill extending the tenure of Judges was signed into Law by the President of the Federal Republic of Nigeria, and same could not have been applicable to
him.
“This impropriety is happening even when the Kebbi State Grand Khadi, Justice Tukur Argungu, who had a similar case had honourably retired on 6 ' June, 2023 in line with the notice of retirement given by him to your body and has consequently handed over the affairs of his court to the next most senior Khadi, Justice Sadik Usman Mukhtar.
“Our faith in the capacity of your well-respected office for a diligent, stellar and thorough investigation into this issue, aimed at ensuring the sustenance of good governance, promotion of sanity, social justice, corrupt-free and proper administration is undeniably, indefatigable and unshakeable.
“In anticipation of your kind and positive response to this complaint, please accept the assurances of our esteemed regards.”