Hon. Justice Edith Agbakoba of the Abuja Judicial division of the National Industrial has nullified the purported dismissal of Chief Superintendent of Immigration, CSI Daniel Makolo from the Nigeria Immigration Service and ordered for his immediate reinstatement within 30 days with payment of all his outstanding salaries, emoluments, allowances and other entitlements due to him from November 7th, 2017 when his salary was stopped unlawfully, till date without loss of rank, position and privileges as his contemporaries still in the service.
Justice Agbakoba held that dismissal of Daniel Makolo by the Immigration Comptroller General, Minister of Interior, Head of Service of the Federation and the Attorney General of the Federation (AGF) did not comply with the relevant provisions of the Public Service Rules and Makolo was dismissed without just cause.
From facts, the claimant- CSI Daniel Makolo had submitted that he was suspended on 7 November 2017 on alleged misconduct and prior to his suspension without pay, he was disallowed from participating in promotion examinations for years and was later dismissed via a letter, dated 25 April 2018 with the dismissal backdated to take effect from the time of his suspension in 2017.
Mr. Makolo averred that he was never accorded any form of fair hearing or subjected to investigations on any of the allegations levelled against him and maintained that the failure of the authorities to investigate or hear from him before dismissing him in a malicious manner violated natural justice, the provisions of the Nigerian constitution and the public service rules and urged the court to grant the reliefs sought.
In defense, the Nigeria Immigration Service anchored Mr. Makolo's dismissal on allegations of misconduct, and urged the court to dismiss the case in its entirety for lacking merit that the dismissal of Daniel Makolo followed due process of law.
Delivering judgement after careful evaluation of the submission of both parties, the presiding Judge, Justice Edith Agbakoba faulted the action of the Nigeria Immigration Service for going ahead to suspend Mr Makolo in violation of the court’s order directing parties to maintain the status quo.
Justice Agbakoba ruled that the defendants failed to comply with the relevant provisions of the Public Service Rules in the process of dismissing Mr. Makolo from office and that the issues of discipline and termination of his employment must always be in line with the provisions of the law.
The Court further ruled that Mr Makolo was suspended and dismissed in violation of the provisions of the Public Service Rules, and therefore was null and void.
Justice Agbakoba also granted an order reinstating Mr Makolo to the employment of the defendants without loss of rank, position or privileges as his contemporaries still in the defendants' service are now Deputy Comptroller-Generals of the Nigeria Immigration Service.