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His Lordship, Hon. Justice O. O. Arowosegbe of the National Industrial Court of Nigeria, Owerri division on Friay 2nd March 2018 in a judgment declared null and void and of no effect whatsoever the retirement of the MR. ELEAGU CHRISTIAN CHUKS by Abia State Universal Basic Education Board.
The claimant through his counsel I.P. UWON Esq. On September 28, 2018 filed this suit by way of originating summons against the defendant seeking for the following relief among others; A declaration that the purported retirement of the Claimant by the Abia State Universal Basic Education Board via the purported letter with reference No: PEN/S.15/V/28 dated 7/9/2016 by the Defendant is ultra vires, illegal, wrongful, null and of no effect whatsoever. Also An order of the Honourable Court setting aside the purported retirement of the claimant from the employment of the Defendant and A declaration that the Claimant’s employment with the Abia State Universal Basic Education Board is still valid and subsisting.
The defendant counsel Enyinnaya Okezie, Esq. also filled written address against the originating summons. The learned counsel formulated 4 issues for the determination of the suit, to wit:
- Whether the claimant’s pre-action notice dated 14th July, 2007 is sufficient to sustain the present suit, same having a different cause of action from the one made out in this suit.
- Whether the Claimant is right to have commenced this suit by an originating summons instead of a writ of summons as there are contentious facts that need oral evidence in this suit.
- Whether this suit is statute barred having been brought outside the three months period stipulated both Section 2 (A) of both POPA and POPL; and Section 25(1) of the ASUBEB Law.
- Whether this court has the jurisdiction to entertain this suit.
After reviewing the argument of the parties, the Court Presided by Hon. Justice O.O. Arowosegbe, had this to say:
I have carefully considered the processes filed, the arguments and submissions of the parties on the preliminary points that arose in the cause of this trial.
It is has been settled that the cause of action herein is retirement without following procedure and the claimant has shown that Rule 02808 of the Abia State Public Service Rules, section 3(4) of the Pension Reform Act and the rules of natural justice were flagrantly breached in retiring him.
It simply meant the procedure to retire public officer in Abia State was not followed in retiring the claimant: period! I have earlier found that the defendant did not serve the claimant with the notice of retirement as envisaged by law up till the present moment. This letter is supposed to be served on him personally and not by proxy.
It is also clear that the claimant who was accused of serious misconducts bordering on crimes [falsification of date of birth and mutilation of records] was not, at any time, called upon to explain himself before the termination the cumulative effect of all these breaches as shown above is that, the proper procedure was not followed in terminating the appointment of the claimant.
The purported retirement of the claimant was therefore unlawful and illegal and is hereby declared null and void and of no effect whatsoever. Arising from these, the claimant is still in service, and by law entitled to be reinstated with full payment of his areas of salaries.
In the final event, reliefs (i), (ii), (iii) & (iv), claimed in the originating summons, are granted. The claimant must be reinstated and paid his areas of salaries accordingly within 60 days next. After the 60-day grace, his arrears of salaries would attract 10% annual interest rate till the date the areas are paid.
I make no order as to cost.
Judgment is entered accordingly.
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