IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE PORT-HARCOURT JUDICIAL DIVISION
HOLDEN AT PORT-HARCOURT
BEFORE HIS LORDSHIP HON. JUSTICE F. I. KOLA-OLALERE, (FCIArb) (UK)
Date: July 25, 2022 Suit No: NICN/PHC/111 /2020
Between:
Leonard Kobamoye Adoki Esq ------------------ Claimant
And
1. Rivers State Judicial Service Commission
2. Attorney-General Of Rivers State -------------------- Defendants
Representation:
C.I. Enweluzo (SAN) with C.C. Azogu (Mrs.) and O.G. Tony – Ogidi (Mrs.) for the Claimant.
C.N. Eke Legal Officer Rivers State Ministry of Justice with Success Gilbert State Counsel for the defendant.
COURT’S JUDGMENT
1. On September 8, 2020 the claimant sued the defendants seeking for the following reliefs:
i. A Declaration that the purported audit carried out by the independent/external auditor at the behest of the Defendants over the activities of the Rivers State High Court between the period of August 2013 to May 2015 was carried out without lawful authorization and in violation of the express provisions of the 1999 Constitution (As amended), the Public Service Rules as well as other extant laws in the corpus juris of Nigeria.
ii. A Declaration that the panel of enquiry proceedings of May 29, 2020 instituted at the behest of the Defendants over the affairs of the Rivers State High Court for the period between August 2013 and May 2015 was carried out in gross violation of the Claimant’s right to fair hearing and contrary to the provisions of the extant Public Service Rules as well as the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
iii. A Declaration that the purported dismissal of the Claimant as Chief Magistrate, Grade I of the Rivers State Judiciary on the 19th of June, 2020 by the Defendants and accompanying directive to refund the sum of ₦1,078,703,073.51 (One Billion, Seventy-Eight Million, Seven Hundred and Three Thousand, Seventy-Three Naira and Fifty-One Kobo) being money purportedly unaccounted for by the Claimant, was unlawful, null and void and in contravention of the Claimant’s constitutional right to fair hearing as well as being scandalous to the person and reputation of the Claimant.
iv. A Declaration that the unlawful and unjustified slash and subsequent deduction of the Claimant’s salary by the Defendants between the period spanning September 2015 to June 2020 was wrongful and oppressive and amounts to a breach of the Claimant’s right to fair hearing and also that the Defendants are liable to repay the Claimant the sum of ₦10,628,308.35 (Ten Million, Six Hundred and Twenty-Eight Thousand, Three Hundred and Eight Naira, Thirty-Five Kobo) being the total of the Claimant’s salary and allowances which was unjustly and unlawfully deducted by the Defendants from September 2015 to June 2020.
v. A Declaration that the Defendants are liable to repay the Claimant the totality of salaries and allowances as well as all other benefits being due and payable to the Claimant as an officer of the Rivers State Judiciary from the date of his unlawful dismissal from office – being the 19th of June, 2020 – until his reinstatement back into office in line with the applicable salary grade level in Rivers State for Chief Magistrate Grade I.
vi. An Order of this Honourable Court setting aside the wrongful dismissal of the Claimant as well as the accompanying directive to refund the sum of ₦1,078,703,073.51 (One Billion, Seventy-Eight Million, Seven Hundred and Three Thousand, Seventy-Three Naira and Fifty-One Kobo) as contained in the purported dismissal letter of 19th June, 2020 issued by the Defendants herein to the Claimant.
vii. An Order of this Honourable Court reinstating the Claimant as a Chief Magistrate, Grade I of the Rivers State Judiciary.
viii. An Order against the Defendants to pay to the Claimant all salaries and allowances as well as all other benefits due and payable to the Claimant as an officer of the Rivers State Judiciary from the date of his unlawful dismissal from office until his reinstatement in line with the applicable salary grade level in Rivers State for Chief Magistrate Grade I.
ix. An Order against the Defendants to pay to the Claimant the sum of ₦10,628,308.35 (Ten Million, Six Hundred and Twenty-Eight Thousand, Three Hundred and Eight Naira, Thirty-Five Kobo) being the total of the Claimant’s salary and allowances which was unjustly and unlawfully deducted by the Defendants from September 2015 to June 2020.
x. An Order of perpetual injunction of this Honourable Court restraining the Defendants either by themselves or through their agents, privies, servants or other representatives or others acting at their instance or instruction from forcefully ejecting the Claimant from the official Judiciary Quarter, No. 6 Herbert Macauley, Amadi Flat, Port Harcourt, Rivers State, which he currently occupies as well as retrieving from the Claimant any and all articles assigned to the Claimant in his capacity and position as an officer of the Rivers State Judiciary or otherwise harassing and/or intimidating the Clamant
xi. An Order directing the Defendants to pay to the Claimant the sum of ₦100,000,000.00 (One Hundred Million Naira) being damages for the inconvenience, pain and humiliation suffered by the Claimant as a result of the Defendants’ sundry acts of harassment and subsequent unlawful dismissal of the Claimant from office.
Other initiating processes were filed along with the Complaint in line with the Rules of this Court. In response, the defendants entered appearances through their counsel and filed their Statement of Defence together with other defence processes in compliance with the Rules of this Court.
2. The Case of the Claimant as Pleaded
The case of the claimant in his pleadings is that he was an officer of the Defendants as a Chief Magistrate Grade I of the Rivers State Judiciary. He further stated that sometime in the past, he was deployed from the Courts by the 1st Defendant to serve as the Chief Registrar of the Rivers State High Court and that he held this position until he was redeployed back to the courtroom. He went on that upon his redeployment, he prepared and submitted a handover brief detailing the particulars of his service in the role the Chief Registrar of the Rivers State High Court.
3. However, sometimes in the year 2020; he was confronted by the 1st Defendant with the existence of an audit report wherein it was found that the sum of ₦1,078,703,073.51 (One Billion, Seventy-Eight Million, Seven Hundred and) Three Thousand, Seventy-Three Naira, Fifty-One Kobo) was allegedly unaccounted for. This was followed by several panels of enquiry set up by the 1st Defendant. He continued that he was never afforded a copy of the audit report and he was not privy to the process of the audit when same was in fact carried out, neither did know that such an audit was ever carried out. Consequently, he was dismissed without cause and directed to refund the sum of ₦1,078,703,073.51 being the alleged sum not accounted for.
4. The Case of the Defendants as Pleaded
The Defendants’ case in their pleadings is that the Claimant who was in the employ of the 1st Defendant was alleged to have embezzled and/or misappropriated the sum of ₦1,078,703,073.51 (One Billion, Seventy-Eight Million, Seven Hundred and Three Thousand, Seventy-Three Naira and Fifty-One Kobo). This allegation was based on the audit report of an Independent Auditor to wit: one Messrs. Ezenwa Okoro & Co. dated December 22, 2015 which was presented to the Judiciary Senior Staff Committee of the Rivers State Judicial Service Commission. The 1st Defendant via a letter to Claimant dated June 19, 2020 the Claimant was dismissed from the employ of the 1st Defendant with immediate effect.
During hearing of the case, parties agreed to argue this case on record. The court subsequently directed counsel to the parties to file their respective final written addresses in line with the Rules of this Court, starting with the claimant’s counsel and they complied with the said direction.
5. Claimant’s Final Written Arguments
In the Claimant's Final Written Address at page 492 at page 497 of the record, their counsel raised the following issues for the determination of the court:
i. Whether the purported independent audit, carried out by and at the behest of the Defendants, and pursuant to which the Claimant herein was dismissed, was not carried out unlawfully, unconstitutionally and in clear violation of the express provisions of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the extant Financial Regulation.
ii. Whether the purported dismissal from the office of the Claimant by the Defendants was not unlawful, null and void and in violation of the extant Public Service Rules governing the Claimant’s employment with the 1st Defendant as well as breach of their constitutional rights to fair hearing.
iii. Whether the Claimant is entitled to a grant of his reliefs sought in this suit.
6 Defendants' Written Arguments
At page 539 at page 542 of the record is the Final Written Address of counsel to the Claimant in which he formulated the following issues for determination of the court:
i. Whether the dismissal of the claimant by the defendants from the employment of the 1st defendant as a Magistrate for serious misconduct followed the due process of law and is therefore valid?
ii. Whether the claimant was afforded fair hearing by the defendants with respect to the allegation levelled against him before his dismissal from the employment of the 1st defendant?
iii. Whether in all the circumstances, this suit is liable to be dismissed by the Honourable Court?
7 COURT’S FINDGINGS
i. The claimant in this Suit was the former Chief Registrar of Rivers State High Court at the material time (between August 2013 and May 2015).
ii. The claimant was employed as Senior Magistrate Grade I on Grade Level 14 Step 2 with effect from August 16, 2001; see page 35 of the record.
iii. The contract of employment between the parties is with Statutory Flavour and the provisions of the Public Service Rules, 2008 with those in the Constitution of the FRN, 1999 (As amended) are applicable to this case.
iv. Both parties agreed that upon submission of the Claimant’s Handover Note to the 1st defendant as directed, the following bodies investigated the matter: the JSSC, an Independent Auditor (Messrs Ezenwa Okoro & Co.), a 3-Man Audit Panel set up by the 1st defendant, Auditor-General of Rivers State and the Committee of the Whole of Rivers State Judicial Service Commission and that each of these bodies submitted its report.
v. The Reports these bodies are in the following pages of the Court’s record:
a. The JSSC’s Report on the Claimant’s Hand-Over Note – Page 188
b. Report of the Independent Auditor – page 214
c. Report of the Auditor-General – pages 393 & 479
d. Report of the 3-Man Panel at page – 422
e. Report of the Committee of the Whole of Rivers State JSC – 427
vi. The claimant’s letter of dismissal (sic) of February 4, 2020 - pages 388 and it is with Ref. No: RS/JUD/C.1306. This is the Letter of Query/Request for Comment
vii. Claimant’s response to her dismissal letter is at – pages 389
viii. The claimant’s letter of Dismissal is at page 108 of the record. It is dated June 19, 2020 and with Ref. No. RS/JUD/C.1306/55. See Reliefs (iii & v) of the claimant in this case and the provision of Order 47 Rule 22 of the NICN (CP) Rules, 2017 for authority to correct minor slip in figure and harmless facts in the judgment.
8 COURT’S DECISION
On the whole, I hereby hold, declare and order as follows:
i. I hold and declare that the Audit carried out by the Independent/External Auditor (Messrs Ezenwa Okoro & Co.) on the Financial Account of the Rivers State Judicial Service Commission for the period of August 2013 to May 2015 is unconstitutional.
ii. I hold and declare that the 3-Man Panel of Enquiry proceedings of May 29, 2020 on the claimant’s case was carried out in gross violation of the Claimant’s right to fair hearing and contrary to the provisions of the Rule 030307 of the Public Service Rules, 2008.
iii. I hold and declare that the dismissal of the Claimant as Chief Magistrate Grade I of the Rivers State Judiciary with effect from June 19, 2020 by the 1st Defendant with further directive to refund the sum of ₦1,078,703,073.51 as money unaccounted for is unlawful, null and void as it contravenes the provision of the Constitution of the FRN, 1999 (As Amended).
iv. I hold and declare that as a result of his illegal dismissal, the Claimant is entitled to re-instatement to his post as Chief Magistrate Grade 1 in the Rivers State High Court and he is entitled to all his salaries and allowances together with all other benefits being due and payable to him in that office with effect from June 19, 2020 until date he is re-instated.
v. I hereby direct that the unlawful letter of dismissal issued by the Defendants to the Claimant on June 19, 2021 with Reference No. RS/JUD/C.1306 (sic) but dated June 19, 2020 and with Ref. No. RS/JUD/C.1306/55 be set aside. See paragraphs 8 (xi & xii) of this judgment and the provision of Order 47 Rule 22 of the NICN (CP) Rules, 2017 for authority to correct minor slip in figure and harmless facts in the judgment.
vi. I hereby Order immediate reinstatement of the Claimant to his position as Chief Magistrate Grade I in Rivers State High Court.
vii. I hereby Order the Defendants to instantly pay to the Claimant, all his salaries, allowances together with all other benefits due and payable to him as a Chief Magistrate Grade I in Rivers State Judiciary with effect from June 19, 2020 until he is re-instated.
viii. I hereby Order the Defendants to pay to the Claimant immediately the sum of ₦10,628,308.35 (Ten Thousand, Six Hundred and Twenty Eight Thousand, Three Hundred and Eight Naira, Thirty Five Kobo) only, being the total of money unjustly deducted from his salary and allowances from September 2015 to June 2020.
ix. I decline from directing the Defendants to pay to the Claimant the sum of ₦100,000,000.00 as damages for his unlawful dismissal because the Court has already adequately compensated him for it by directing the defendants to re-instate him and to pay him all his arrears of salaries, allowances and other benefits that accrue to his office with effect from when he was illegally dismissed.
x. The 1st defendant is to pay N500,000.00 cost to the claimant within 30 days from today.
xi. For detailed reasoning on this Judgment, please see the Court’s judgment on the test case with Suit No: NICN/PHC/109/2020.
74. Judgment is entered accordingly.
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HON. JUSTICE F. I. KOLA-OLALERE, (FCIArb) (UK)
Presiding Judge