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In Kaduna, Industrial Court orders reinstatement of Kabiru Rufai into Ministry of Water Resources

541 Friday 22nd October 2021

The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has nullified the purported dismissal of Engr. Kabiru Rufai from service of vide letter of dismissal dated 22nd November 2017.


Justice Adeniyi ordered Kaduna State Governor, State Attorney General, and Kaduna State Ministry of Water Resources to reinstate Engr. Rufai to service with payment of all arrears of salaries, allowances, and other entitlements from Nov. 2017 till date.


The Court held that Engr. Rufai’s dismissal was not in accordance with the Kaduna State Public Service Rule.


From facts, the Claimant- Engr. Kabiru Rufai had submitted that he was the General Manager of the defunct Kaduna State Water Board, now the Kaduna State Water Corporation that he was placed on suspension and was subsequently served with an invitation to appear before a committee set up to investigate the operations of the agency with no allegation leveled against him in the said letter of invitation.


He maintained that the report of the Disciplinary Committee recommended for his compulsory retirement was served with a letter of dismissal from service; contended that the procedure adopted by the agency for his purported dismissal was unlawful and urged the court to grant the reliefs sought.


In defense, the defendants' counsel Sanusi Usman Esq urged the court to decline jurisdiction on the ground that no proper parties were before the court.


However, in spite of the several adjournments granted at the instance of the agency and 3 others for a proposed out-of-court settlement, the case proceeded to trial when it was reported by the learned counsel for Engr. Kabiru that settlement had failed.


Delivering the judgment, the presiding judge, Justice Sinmisola Adeniyi affirmed the jurisdiction of the court, dismissed the objections, and held that necessary parties are before the court. 


Justice Adeniyi further held that the procedure for the dismissal of the Claimant was blatantly violated contrary to the Kaduna State Public Service Rules. 


“My finding, therefore, is that the Claimant’s dismissal from his appointment was not in accordance with the law and therefore in breach thereof. The Claimant’s dismissal was improper, unlawful, null, and void. I so further hold.” Justice Adeniyi ruled.

 

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