Efase Luma,Municipal Treasurer,Bamusso |
There is anxiety and curiousness in the South West Regional Capital Buea as to what will be the outcome of a court action that has been brought against the South West Governor at the Administrative Court in the South West Holden in Buea with Justice Ngu Augustine Ngwa as presiding magistrate. The petition in suit no ACSWR/PND/001/2013 was filed by a certain Luma Albert Efasse, the Municipal Treasurer of the Bamunso council through his Counsel Barrister Njilla Stephen, against the Governor of the South West Region urging the court to annul a decision taken by the Governor suspending Luma Albert Effasse from his position as Municipal Treasurer of Mbonge in 2012.
The petition as stated in the motion paper also prays the court to declare null and void all financial engagements effected by the Governor’s appointee, on grounds of lack of competence. Luma’s counsel is also praying the court to reinstate the former as the Municipal Treasurer of Mbonge Council, and also reinstate his salary plus all the benefits entitled thereto.
According to Luma, he suffered injustice for exercising his duties while serving as Municipal Treasurer for Mbonge. To him the only way to proof that he was maltreated is through the law courts and since it’s an administrative act only the Administrative Court is competent.
Luma recounts in his affidavit in support of his petition that he was duly appointed as Municipal Treasurer by a joint decision of the Minister of Territorial Administration and that of Finance in 2010 but was surprised to receive a correspondence from the Governor, Okalia Bilai dated 20 November 2012 suspending him from his functions, whereas he was not employed by the Governor.
He further avers that the decision of the Governor was published as the law demands. Luma in his motion paper, wonders that even though Suspension is a disciplinary measure, he never appeared before a disciplinary commission and that if that was the case he as senior state employee, the Governor going by the General Rules of the Public Service as well the Labour Code has no locus standi to sanction him. He further states that the Governor by appointing another person to replace him was total ultra vires as his deputy was suppose to assume the interim.
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