Court sets date to rule over controversial AGF appointment process
The Industrial Court of Nigeria in Abuja has set February 26, 2025, to rule on an injunction filed by the legal team of Mr. Joshua Luka seeking to halt the ongoing process of appointing a new Accountant General of the Federation until the case is resolved.
Justice Rekiya Haastrup scheduled the ruling after hearing arguments from Ibrahim Angulu, SAN, representing Joshua Kadmi Luka.
Luka claims he was unjustly excluded from the selection process due to an unproven allegation, which has not been ruled on by any court.
Angulu argued that, constitutionally, the Civil Service Commission, not the Head of Service (HOS), should oversee the selection process, calling the defendant’s actions unconstitutional.
He emphasised that Luka cannot be excluded from the process based on an allegation alone, especially since he has not been convicted of any crime.
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Angulu pointed out that Luka had been previously accused of fraud in an earlier selection for Permanent Secretary but was never charged, and yet his exclusion was justified on the same basis.
The lawyer further argued that the failure to offer Luka a fair hearing made the exclusion invalid. He called for an interlocutory injunction to stop the ongoing process, citing the issue of who holds the power to supervise the selection.
Luka’s legal team is asking the court for several orders which include declaring the process for selecting the Accountant General, led by the Head of Service, as unconstitutional, given the violation of Luka’s rights.
They also seek an order allowing Luka to participate in the selection process, emphasizing his right to be presumed innocent until proven guilty by a competent court of law.
In a letter to the Office of the Head of Service, Luka’s legal representatives highlighted a pattern of exclusion from major appointments, including the current Accountant General selection.
They argue that allegations against Luka are only raised during such processes, and that these should not be enough to bar him from participating, as no criminal conviction has been made.
The legal team contends that excluding Luka from the selection process based on an unproven allegation is unjust and violates his constitutional right to a fair hearing.
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