Hon. Justice Oyebiola Oyewumi of the Abuja Judicial Division of the National Industrial Court has ordered the Minister of Interior, Rauf Aregbesola, and the Nigerian Correctional Service to reinstate a Deputy Controller of Prisons, Mr. Kayode Odeyemi back to service and be promoted to the rank of Assistant Comptroller-General with payment of all his entitlements in accordance with his due date of retirement on April 23, 2019.
The Court held that Odeyemi purported dismissal was null and void, of no effect, wrongful, and in breach of his contract of employment, ordered the defendants to pay Mr. Odeyemi his unpaid salaries from the date of purported dismissal November 1, 2018, to April 23, 2019, when he was due for retirement, and the sum of N1 million cost of action.
From facts, the claimant- Mr. Kayode Odeyemi had averred that his dismissal from service was wrongful, urged the court to grant the reliefs sought.
In defense, the Civil Defence, Fire, Immigration and Prisons Services Board stated that Odeyemi was dismissed on the allegation of gross misconduct and act unbecoming of a public officer and the dismissal was done in accordance with the law, urged the court to dismiss the case in its entirety.
Delivering the judgment after careful perusal of the submission of both parties, the presiding Judge, Justice Oyebiola Oyewumi held that the purported dismissal of Mr. Kayode Odeyemi was wrongful and in breach of his contract of employment.
“The defendants should pay Odeyemi’s monthly pension and gratuity contributions from November 1, 2018, till April 23, 2019, and also fulfill their obligation under the Pension Reforms Act by informing Mr. Odeyemi’s nominated Pension Funds Administrator of his lawful disengagement.” Justice Oyewumi ruled.
visit the judgment portal for full details