Nigerian Court Rejects Bid To Halt Accountant General Appointment Process.
The Industrial Court of Nigeria, presided over by Justice Rekiya Haastrup in Abuja, has declined to grant an interlocutory injunction aimed at pausing the ongoing appointment process for a new Accountant General of the Federation. The decision, delivered on Wednesday, ensures that the selection process will continue uninterrupted while the court prepares to address the substantive issues in the case at a later date.
The claimant, Joshua Kadmi Luka, a director in the Federal Civil Service, had sought the injunction to suspend the appointment process until his legal challenge—centred on his exclusion from the selection exercise—is fully resolved. Represented by his attorney, Ibrahim Angulu, SAN, Luka argued that his disqualification stemmed from unproven allegations of fraud, which he contends should not bar him from participating without a formal conviction.
Justice Haastrup, however, ruled that halting the process would not serve the public interest, noting that many of the claimant’s concerns would be addressed in the main case. “Some of these issues will be determined at the main suit, and so she cannot comment on them now,” Angulu explained to journalists after the session, relaying the judge’s reasoning. The court also highlighted the necessity of avoiding a leadership vacuum in such a critical role, stating that stopping the appointment “will not be in the public interest.”
Following the ruling, Luka’s legal team called for an expedited hearing, underscoring the urgency and importance of the matter. Justice Haastrup adjourned the case to 25 March 2025 for further proceedings.
Speaking to the press, Angulu elaborated on their position: “It is our contention that a mere allegation of crime, without conviction, cannot be used to exclude the claimant. The law is clear—he has not been found guilty, so he cannot be excluded on those grounds alone.” He referenced a prior letter sent to the Office of the Head of Service, which argued that Luka’s repeated exclusion from such exercises—despite no formal guilty verdict—violates his constitutional right to the presumption of innocence under Section 36 of Nigeria’s 1999 Constitution.
The case has sparked broader discussions about fairness and due process in Nigeria’s civil service appointments. Luka’s legal team has maintained that allegations against their client conveniently surface during selection exercises, suggesting a pattern of targeted exclusion. “To exclude him at this stage amounts to punishing him for a criminal offence for which he has not been found guilty,” Angulu asserted, citing the lack of action from bodies like the Independent Corrupt Practices Commission (ICPC) or a competent court.
As the appointment process moves forward, all eyes will be on the March hearing, where the court will delve into the substantive issues surrounding Luka’s claims. For now, the Industrial Court’s decision ensures that Nigeria’s financial leadership transition remains on track, balancing public interest with the promise of a thorough judicial review.
