ICCON Registrar, Oghifo asks court quash his suspension

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(Nigeria) Registrar of Institute of Chartered Chemist of Nigeria, ICCON, Prince Jay Oghifo, Monday, asked the National Industrial Court, to stop Federal Ministry of Health and the Minister of Health, from going ahead with his purported suspension, pending the determination of the suit, challenging the action of the defendants.
Oghifo, is contending that while on leave and to resume on January 28, 2013, he was suspended by a letter dated January 18, following the report of a panel set up by Ministry of Health and the Health Ministry, which according to him, have no such powers to set up the panel or suspend him, but acted in abuse of their powers.
Defendants in the suit are Federal Ministry of Health; Minister of Health; ICCON; Prof Felix Okieimen, President of ICCON and Mr Sylvester Obinyan, a ICCON council member.
His counsel, yesterday told the court that while Oghifo was allowed to stay in office and investigated by a pane set up by the defendants, as he was, strangely forced to go on suspension because another panel was to investigate him, contending that he cannot be investigated twice for the same alleged offence.
He argued that according to the Civil Service Rule, the most that could happen was that he would be confronted with the report of the first panel, and not to be suspended as there no reason for that, since he did not interfere with the first panel.
He argued that his suspension was to ensure that he stays out office, while his appointment, which is a four-year tenure expires, as when that happens, the court would be left with nothing to adjudicate on.
Meanwhile, the defendants have asked the court not to grant the application, as doing so would amount to determining the substantive matter. The court will on May 6, 2013 rule on the application.

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