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The Industrial High Court, Abuja Adjourns the case of Engr. Aliyu Nahuce with the Federal Capital Development Authority, FCT Water Board and the Honourable Minister of Federal Capital Territory (FCT) to April 1st.
It was an inconclusive deliberation on the case of Engr. Aliyu Nahuce with the Federal Capital Development Authority, FCT Water Board and the Honourable Minister of Federal Capital Territory (FCT) over his suspension from his position as the General Manager of FCT Water Board due to his Alleged fraud case with the Economic and Financial Crimes Commission (EFCC).
According to the last court hearing on the 21st of January, 2020 before the adjournment, we were left with the questions; Who runs the FCT Waterboard? Who has the power to appoint a legal Personnel for the FCT Waterboard? and What is the due procedure for appointing legal personnel? These questions were addressed on 25th Feburary, 2020.
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Appearing before the court were; the Chairman of FCT Water Board ‘Kasim Abdul Ali’, the Legal Adviser/ Secretary to the Board ‘Patience Omadinah’ and the Public Relation Manager ‘Kayode Shegun’. They were all placed as witnesses for the court hearing.
Kasim Ali, the Chairman of FCT Water Board who was appointed on the 27th March, 2018 stated the Administration areas of FCT Water Board. According to him, a board meeting was held on the 19th Feburary, 2020 where the board members reached a resolution on the subject matter. He also made it clear that he is not involved in the day-to-day running of the administration of the FCT Water Board.
Patience Omadinah, the Legal Adviser/Secretary to the Board who was appointed since 2007 stated that all relevant agencies are involved in the appointment of a Legal Solicitor for the FCT Water Board especially the FCT Legal Service Secretariat which is presided by the Solicitor General who makes the final appointment. She also stated that the FCT Water Board is not a subsidiary of FCTA though the FCTA Supersedes over the FCT Water Board and they can also award contracts and procure Legal Services which she is in charge of preparing the documents for the terms of contract.
Kayode Shegun, the Public Relations Manager is the head of the head of the Information Unit and stated that he’s aware that FCT Waterboard can hire Legal Services. He confirms that the staff of the FCT Water Board are being paid by the FCTA and the Procurement Manager is in charge of signing the documents for the appointment of the legal alliance which is usually approved by the General Manger, Engr. Aliyu Nahuce.
Esq. Ogoke, one of the defendant counsels argued on the bases of the evidence provided by the defendant according to the ‘Act of FCT Water Board’ which confirms that the FCT Water Board has the right to appoint an External Legal Solicitor of their choice and it is not subsidiary to FCT therefore it can sue and be sued as well. He also confirmed that according to the Act no. 160201A of the Public Service Rule for all Statutory Board, the Board only gives general policy advice and are not allowed to interfere in the activities of the Administration of FCT Water Board.
Esq. Idumodin Ogumu, one of the State counsels argued on the bases of the representation of the defendant counsel pointing out that the Defendant is also the ‘Plaintiff’ as well as the ‘Claimant’. Healso pointed out that contracts cannot be awarded without the endorsement of the FCT Minister because the FCTA funds the FCT Waterboard.
Having listened to their arguments, the judge adjourns the verdict on this case to April 1st, 2020.