Of all the of heads of Federal Capital Territory (FCT) agencies and parastatals, when the Managing Director of Abuja Urban Mass Transport Company, Najeed Abdulsalam was removed by the new Minister of the FCT, Nyesom Wike, there was a massive protest against his removal Staff of the company. Contrast it with the jubilation that greeted the removal of A.G Abubakar, our former Registrar General, and Chief Executive.
People who are not staff of CAC who have no idea of what has been going on here have been writing and saying things they do not understand.
As at June 2023 at least 200 staff of the Corporate Affairs Commission (CAC) had resigned from their appointments ahead of due retirement dates to escape possible dismissal, high handedness, and other harsh policies of the former RG.
In fact because he was embarrassed by the mass resignations, A G Abubakar in June 2021 issued a circular to staff warning that the Commission would withhold for one year, the terminal benefits of any staff that resigned voluntarily.
When the resignations did not stop, he issued another circular on October 4, 2021, with the title “Notification of Exit from Service” in which he said the Commission would put on hold terminal benefits of staff to dissuade more workers from leaving.
Please look again at some of the issues we have with A G Abubakar.
In the case of Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees (AUPCTRE) Vs CAC Suit: NICN/ABJ/62/2021 delivered by the President of the National Industrial Court, Hon. Justice B.B. Kanyip, PhD.
The National Industrial Court in its judgment on the 7th October, 2021 declared the proscription as illegal, unlawful and unconstitutional.
The court awarded damages of N1,000,000 million against the CAC and Registrar-General jointly.
The court also awarded N300,000 (three hundred thousand naira) as cost of the action against CAC.
The Registrar-General and the Commission were restrained from interfering with the activities of the Union.
The court stated in its illuminating judgment as follows: Per Hon. Justice B.B. Kanyip, PhD, President National Industrial Court at page 37 paragraph 129 of the judgment.
“I cannot end this judgment without expressing the displeasure of this Court to the actions of the defendants, who over the years have shown a marked displeasure and hence disapproval to having trade unionism take place and flourish in especially the 1st Defendant. Since CAC v. AUPCTRE (2004) 1 NLLR (Pt.1) 1 the defendants have never hidden their dislike of trade unionism in their premises. Even when this Court ruled against them, they have managed to come up with something new and different. This is uncalled for. The defendants must come to terms with the reality that trade unionism has come to stay. And it is in their own interest to come to terms with and respect the laws governing it. The dislike they have for trade unions must cease. This Court will not sit by and allow them to do as they wish. A word, it is said, is enough for the wise”
Currently, the Union Chair person was placed on indefinite suspension without pay for no good reason….
The Commission’s scarce resources are deployed to these wasteful litigation for which millions are paid to Senior Advocates of Nigeria by way of professional fees.
Although the Commission’s enabling law, the Companies and Allied Matters Act (CAMA) allows Staff of the Commission to appear and represent the Commission in Court of Law, the Registrar-General has for no good reason decided to patronize external Lawyers as a largesse and needless waste of scarce Public funds, running into millions of naira in the process.
Also, owing to vindictive tendencies and highhandedness over 300 hundred members of staff were forced to leave the Commission.….. Garba outrightly humiliated even Directors to resign.…Garba is very lawless….he has several judgments against him, rather than obey, he will hide under the guise of frivolous and vexatious appeals to stall the matters…..and frustrate the enforcement of those judgments.
The case of Mr Onoja Mokasa who was unlawfully dismissed, his dismissal was nullified over 3 years ago…..yet Garba has not complied with the Court Order reinstating him…..Mr Onoja a family man is still roaming he streets.
The case of Mukasa Onoja Vs CAC & Registrar-General NICN/ABJ/191/2018 decided 8th July, 2020 Mr Onoja a Principal Manager had approached the National Industrial Court to challenge his unlawful dismissal.
The National Industrial Court in its judgment nullified the dismissal of Mr. Onoja and further ordered the payment of Mr. Onoja’s salary and allowances for three (3) years. The Court ordered that Mr. Onoja be reinstated to his position in the Commission.
The court awarded costs of N500, 000 against the Commission.
Rather than comply, Garba Abubakar filed an appeal against that judgment and has not bothered to pursue the said appeal.
It is now over 3 (three) years but sadly that order of the court has not been complied with. Mr. Onoja is still at home as the frivolous appeal is still pending. This is most unfortunate and unfair.
In this case of unlawful dismissal of a Commission’s Staff, Garba Abubakar has also demonstrated extreme abuse of Office and imprudence with Public funds. The appeal now pending for over 3 ears is absolutely unnecessary. This is also another instance of abuse of power and abuse of Office.
During Garba’s time there have been avalanche of Court cases against the Commission. Even at Management meetings the input of Directors and Managememt Staff is never sought…..he has been running the Commission as a Sole Administrator… he decides and Management Staff just follow with threats that if any Director voices out such would be transferred out of Abuja….
Staff Promotions for the last 2 years have been kept in abeyance just because Garba does not care about Staff growth….the demonstrations and jubilations that followed his sack speaks volumes of his Wickedness.
Unlawful Suspension of Deputy Director.
In the case of Moses Adaguusu vs CAC & RG, Suit No. NICN/ABJ/169/2021, Mr Adaguusu a Senior Deputy Director had approached the National Industrial Court challenging his unlawful suspension for six(6) months without pay as a result of personal hate and vendetta of Garba Abubakar.
The National Industrial Court presided over by Hon. Justice E.N Agbakoba in her judgment on the 30th September, 2022 declared the wrongful suspension of the Deputy Director as illegal, unlawful, null and void.
The court accordingly set aside the suspension and directed the Commission to pay the Deputy Director all his salaries, allowances, benefits, emoluments and entitlements amounting to N14 million during the period of suspension.
The Court also awarded N2, 000,000 (two million naira) as cost of the action against the Commission and the Registrar-General in favor of Moses Adaguusu.
Rather than comply, the Registrar-General has appealed the decision. This is another typical case of abuse of Office and waste of public funds on needless litigations.
The Registrar-General shamelessly brought an application for stay of Execution pending appeal, which was heard and dismissed by the trial Court. The Registrar-General proceeded to make the same frivolous application which is now pending before the Court of Appeal.
The money being spent on these frivolous appeals and interlocutory applications is enough to settle the judgment debt.
Government Circular on need to Prevent Avoidable Litigations Arising from Poor Handling of Disciplinary cases involving MDAs
Circular No. HCSF/3065/VOL.1/125 dated 6th December, 2021 on the above has been observed more in the breach by the RG.
There are currently several Staff Court cases against the Commission all arising from the incompetence and irrational decisions of one-man, the RG.
So far, the Garba Abubakar led Management has lost all cases before the National Industrial Court. The reason is simple; The Registrar-General does not allow Management members to contribute at meetings. Besides,
most of his decisions are based on personal sentiments rather than rational reasoning.
Absence of a Governing Board for the Commission
In April, 2021 the then Chairman of the Board of the Commission His Excellency, Ademola Seriki was appointed Ambassador to Spain. Since that time to date (over 2 years) the Commission has no Governing Board. Curiously, the Registrar General has not deemed it necessary to request and pursue for the constitution of a governing Board. In the absence of such a Board, Garba Abubakar has been running the Commission as a Sole Administrator.
The vacuum so created has led to adverse consequences for the Commission’s operations. For instance, Executive Staff promotion has been stalled as there is no Board to approve such Promotions. For 2 years now Staff who wrote and passed their Promotion Examinations have not been Promoted. This is ridiculous. Even the last year Promotion exercise has similarly been stalled for lack of a Governing Board for the Commission.
Nature abhors vacuum and Government is continuing. It is therefore irresponsible for the RG not to take any step to ensure there is a Governing Board in place for the Commission for a period of over two years.
Rendering Staff in Taraba State Office Redundant
The Registrar-General out of his personal hate for the Deputy Director and Head of Taraba State Office disconnected the entire Taraba State Office from CAC Operations.
The disconnection has been there since September, 2021 when the Deputy Director was transferred to Taraba State Office. As a result all the Commission’s Staff have been rendered redundant. Even the President and Commander in Chief cannot abuse his Office in this manner. In other words, between September, 2021 to date, about 10 Staff in Taraba State Office have not been working. The entire State Office Staff has been rendered redundant at the whims and caprices of the RG. This is unbelievable abuse of power and abuse of Office.
Alh. Garba Abubakar’s actions during his tenure were usually at variance with the extant Commission’s Conditions of Service. Even at Management meetings, the RG does not take into account contributions from members of Management. No wonder, Management decisions were usually reckless, unpopular and against all acceptable labour law norms.
