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Hon. Justice Osat Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has dismissed the case filed by one Ukama challenging her dismissal from National Health Insurance Scheme for lacking merit.
The Court validated Ukama’s dismissal from service and held that she knew she did not possess the requisite qualification at the time she applied for the position in the NHIS, and the results she presented at the interview and point of entry were fake, not genuine.
From facts, the Claimant- Ukama had stated that she was issued a query allegation that the certificate she submitted to the Scheme was forged, and she clearly reaffirmed that she indeed graduated in 2011.
She argued that notwithstanding her response to the query she was issued a letter of suspension without pay and during the investigation, the school wrote to the Management attesting that both her statement/notification of results were issued by the Institution and took responsibility for any mistakes that might have confused the NHIS and its governing board.
In defense, the defendants- National Health Insurance Scheme and Its Governing Board pleaded that Ukama was lawfully suspended and dismissed in line with the Public Service Rules, and stated that the Presidential Committee was convinced that the result Ukamaka presented to the NHIS at the time of her employment and documentation upon resumption of duty were fake and recommended her dismissal from the service, and urged the Court to dismiss the case.
In opposition, the Counsel to Ukama submitted that the NHIS lack of compliance with the extant Public Service Rules in suspending and dismissing his client from work, and that the power to dismiss a Public Servant from the rank of salary GL. 07 and above is only vested in the Federal Civil Service Commission and urged the Court to grant the reliefs sought.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Obaseki-Osaghae ruled that the query and the letter of suspension issued to Ukama are valid having been done by the appropriate and authorized Officer and Department in the NHIS.
The Court held that from the verification letters issued by the institution, the Ukama’s misconduct is grave and weighty having presented fake results to secure employment in the National Health Insurance Scheme.
Justice Obaseki reiterated that the action of Ukama has eroded and undermined the confidence reposed in her by the agency to carry out her duties, and the NHIS was justified in its decision to dismiss her.
“On the whole, the Claimant has failed to prove her case. It is hereby dismissed in its entirety. Costs awarded the Defendants in the sum of N100,000.00.” The Court ruled.
