The Presiding Judge, Kaduna Judicial division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has declared the purported dismissal of Mr. Adamu Samaila dated 24th March 2016 as invalid, unlawful, null, and void, and of no effect; ordered his reinstatement to the position of Environmental Officer in the services of the Kaduna State Ministry Of Local Government, Kaduna State Local Government Service Commission with payment of all arrears of salaries, allowances and other entitlements from 2016 till date within 1 month.
The Court held that Adamu’s had successfully established that his dismissal did not follow the statutory procedure, awarded the sum of Two Hundred and Fifty Thousand Naira cost of action in his favour.
From facts, the claimant’s – Adamu Samaila had pleaded that his appointment was confirmed and upgraded to the position of a Health Officer by the Sabon Gari Local Government in 1997 and rose through the ranks to the position of an Environmental Officer.
Further that he received a letter of dismissal dated 24/03/2016 and all effort to appeal proved abortive, that his purported dismissal is strange as he was never accused of any wrongdoing neither was he ever invited to defend any allegation.
That the Head of Service in its reply to his letter of appeal stated that his dismissal cannot be reversed on the ground that he had committed many offences that warranted his dismissal.
His learned counsel R.O. Agboola Esq. opined that the method of dismissal by the Defendants against the Claimant is contrary to the guideline regulating the relationship of the parties urged the court to grant the reliefs sought.
Furthermore, the Defendants failed to file any processes in defence of the suit but filed a Notice of Preliminary objection and prayed the court to dismiss the case for lack of jurisdiction for being statute barred which was dismissed for lacking merit.
Delivering the judgment, the presiding judge, Justice Sinmisola Adeniyi held that even though the Defendants failed to defend the action, Adamu’s is still duty-bound to adduce satisfactory evidence to be entitled to the principal reliefs he seeks from the Court, being declaratory.
“As rightly submitted by the learned counsel for the Claimant, in the matter of discipline of an employee whose employment is statutory, the procedure laid down by such statute must be fully complied with.
“The Claimant has successfully established that his dismissal from the employment of the Defendants did not follow the statutory procedure and which, without any evidence challenging the same, is unlawful and void. I so hold.
“In the circumstances, therefore, failure of the Defendant to comply with the disciplinary procedure for dismissal of its staff as provided in the Rules, the purported dismissal of the Claimant by the letter of dismissal dated 24/03/2016 is hereby set aside. I further so hold.”