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)

 

Date: July 25, 2022                                                        Suit No: NICN/PH/110 /2020

 

Between:

 

Kate Baridi Gaage, Esq                                   ------------------------               Claimant

And

1.      Rivers State Judicial Service Commission

2.      Attorney-General Of Rivers State                      -------------------------             Defendants

 

Representation:

Sir C.I. Enweluzo (SAN) with C.C. Azogu (Mrs.) & 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 Defendants.

 

COURT’ 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 1st Defendant 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 of the Federal Republic of Nigeria (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 1st Defendant for the period between August 2013 and May 2015 was unlawful, unconstitutional null and void and 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 ₦4,069,560.00 (Four Million, Sixty-Nine Thousand, Five Hundred and Sixty Naira) 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 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 her unlawful dismissal from office – being the 19th of June, 2020 – until her reinstatement back into office in line with the applicable salary grade level in Rivers State for Chief Magistrate Grade I.

 

v.            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 ₦4,069,560.00 (Four Million, Sixty-Nine Thousand, Five Hundred and Sixty Naira) as contained in the purported dismissal letter of 19th June, 2020 issued by the Defendants herein to the Claimant.

 

vi.          An Order of this Honourable Court reinstating the Claimant as a Chief Magistrate Grade I of the Rivers State Judiciary.

 

vii.       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 her unlawful dismissal from office until her reinstatement in line with the applicable salary grade level in Rivers State for Chief Magistrate Grade I.

 

viii.     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 Lawyers’ Estate Amadiama, Port Harcourt, Rivers State which she currently occupies as well as retrieving from the Claimant any and all articles assigned to the Claimant in her capacity and position as an officer of the Rivers State Judiciary or otherwise harassing and/or intimidating the Clamant.

 

ix.          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 processes in compliance with the Rules of this Court.

 

2.            The Case of the Claimant As Pleaded

The case of the claimant is that she was an officer of the Defendants as a Chief Magistrate Grade I of the Rivers State Judiciary. She avers further that she was sometimes in the past, deployed by the 1st Defendant to serve as its Secretary, which she occupied until she was redeployed again back to the Courtroom. She went on that upon her redeployment, she prepared and submitted her handover brief detailing her services and role as the 1st Defendant’s secretary. However, in the year 2020, she was confronted by the Defendants with the existence of a purported audit report in which she was found to have failed to account for the sum of ₦2,679,520.00 during her period as Secretary of the 1st Defendant. This was followed by the setting up of several panels of enquiry to investigate same. The claimant continued that she was not given a copy of the audit report, neither was she made a part of the process of the audit when it was carried and that she did not even know that such audit was carried out. Consequently she was dismissed without cause and was further directed to refund a total sum of ₦4,069,560.00 being the alleged sum not accounted for.

 

3.            The Case of The Defendants As Pleaded

The Defendants’ case is that the Claimant who was in the employ of the 1st Defendant was alleged to have embezzled and/or misappropriated the sum of ₦4,069,560.00 (Four Million and Six Nine Thousand, Five Hundred and Sixty Naira) only. This allegation was based on the purported audit report of an Independent Auditor, one Messrs Ezenwa Okoro & Co. dated December 22, 2015 which was also presented to the Judiciary Senior Staff Committee of the Rivers State Judicial Service Commission. Through the 1st Defendant’s letter of June 19, 2020. The Claimant was dismissed from the employ of the 1st Defendant with immediate effect and also directed to refund the amount unaccounted for.

 

During hearing of the case, parties agreed to argue this case on record. The court then directed counsel to the parties to file their respective final written addresses in line with the Rules of this Court, starting with the claimant and they complied with the direction.

 

4.            Claimant’s Final Written Arguments

In the Claimant's Final Written Address at page 565 of the record, her 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 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 her constitutional rights to fair hearing.

iii.    Whether the Claimant is entitled to a grant of her reliefs sought in this suit.

 

5.        Defendants' Written Arguments

At page 603 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?

 

6.                 COURT’S FINDGINGS

i.               The claimant in this Suit was the former Secretary of the Rivers State JSC.

ii.             The claimant was employed as Senior Magistrate Grade II on Salary Grade Level 13 with effect from February 2, 1998; see page 37 of the record.

iii.          The contract of employment between the parties is one with Statutory Flavour and the provisions of the Public Service Rules, 2008 and those of 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 of 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 129

b.             Report of the Independent Auditor – page 155

c.             Report of the 3-Man Panel at page – 348

d.             Report of the Committee of the Whole of Rivers State JSC – 353

vi.               The claimant’s letter of dismissal of February 4, 2020 (sic) this is claimant’s letter of query/Request to Comment - pages 67 & 214.

vii.             Claimant’s response to her Query/Request for Comment letter – page 68

viii.          The claimant’s Letter of Dismissal is at page 78 and it is dated June 19, 2020. It was written by the then CJ of Rivers State, His Lordship Hon. Justice A. I. Iyayi-Lamikanra and it is with Ref. No: RS/JUD/C.1301/61. See Reliefs (iii & iv) of the claimant endorsed on the complaint.

 

7.   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 Defendants with further directive to refund the sum of ₦4,069,560.00 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 her illegal dismissal, the Claimant is entitled to re-instatement to her post as Chief Magistrate Grade 1 in the Rivers State High Court and she is entitled to all her salaries and allowances together with all other benefits being due and payable to her in that office with effect from June 19, 2020 till date.

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.1301/61 be set aside.

vi.               I hereby Order immediate reinstatement of the Claimant to her position as Chief Magistrate Grade I in Rivers State High Court.

vii.            I hereby Order the 1st Defendant to instantly pay to the Claimant, all her salaries, allowances together with all other benefits due and payable to her as a Chief Magistrate Grade I in Rivers State Judiciary with effect from June 19, 2021 (sic), it is from June 19, 2020 till today. See paragraphs 7 (iii & iv) of this judgment. See also provision of Order 47 Rule 22 of the NICN (CP) Rules, 2017 for Court’s authority to correct minor slip in the judgment.

viii.          I decline from directing the Defendants to pay to the Claimant the sum of ₦100,000,000.00 as damages for her unlawful dismissal because the Court has already adequately compensated her for it by directing the 1st defendant to re-instate her and to pay her all her arrears of salaries, allowances and other benefits that accrue to her office with effect from when she was illegally dismissed.

ix.               The 1st defendant is to pay N500,000.00 cost to the claimant within 30 days from today.

x.                  For detailed reasoning on this Judgment, please see the Court judgment on the test case with Suit No: NICN/PHC/109/2020.

 

74. Judgment is entered accordingly.

 

-----------------------------------------------------------------------

HON. JUSTICE F. I. KOLA-OLALERE, (FCIArb) (UK)

Presiding Judge