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Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has dismissed the allegation of unlawful employment termination claim filed by one Ojonugwa against the National Commission for Museums and Monuments and its Director General for lack of proof.
The Court held that Mr. Ojonugwa did not plead the due process or the terms and conditions of his employment which ought to be followed before his employment can be terminated.
Justice Anuwe stated that it is not enough for Mr. Ojonugwa to allege that he was not invited before any committee; he must go further to plead and prove that his assertion is premised on the terms and conditions which regulated his employment.
From facts, the claimant- Mr. Ojonugwa had submitted that his employment was confirmed with effect from 25th March 2011, and he was issued a query on 2nd May 2012 on alleged misconduct which he denied through his response.
He averred that he continued to perform his duties without any further action on the query until he observed that his salary for April was not paid and when he inquired, he was told he had been dismissed, and all efforts to get reinstated were to no avail.
Mr. Ojonugwa submitted that his purported disengagement, dismissal or otherwise termination of appointment by the Commission did not follow the due process of law, Public Service Rules and other extant laws guiding his employment.
In defence, the defendants- National Commission for Museums and Monuments and its Director General maintained that Mr. Ojonugwa went through the disciplinary procedure in line with the Public Service Rules and was found culpable of misconduct.
The Commission averred that Mr. Ojonugwa’s salary was stopped after his employment was terminated when he was found guilty of the allegations made against him and because of his deliberate long absence from work. It was Mr. Ojonugwa who refused to report to work without any justifiable reason and the commission could not continue to pay him salaries.
In a well-considered judgment, the presiding Judge, Justice Olufunke Anuwe faulted the position of the National Commission for Museums and Monuments for blowing hot and cold as there is contradictory evidence as to the reason or ground for the termination of Mr. Ojonugwa’s employment.
The Court held that Mr. Ojonugwa's continual reference in his evidence to his dismissal not being done in compliance with the Public Service Rules did not mention the statute or any other law or provision of the 1999 Constitution which regulated his employment with the National Commission for Museums and Monuments which ought to be followed before his employment can be terminated.
“Where a claimant merely mentions that his employment is regulated by the Public Service Rules without going further to link his allegations to the provisions of the Public Service Rules or to plead and prove the procedure in the Public Service Rules which was not followed during the termination of his employment, it will not be the duty of the court to engage in scrutinizing the Public Service Rules in order to find where the Public Service Rules relates to the claimant’s case.” Justice Anuwe ruled.
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