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His Lordship, Hon. Justice Zainab M. Bashir of the National Industrial Court of Nigeria, Lokoja Judicial Division on Monday 23rd April in a judgment declared the dismissal of the DR. ALI S. Y BAGAJI as Claimant is unlawful, null and void same having been predicated on the allegation of plagiarism, an act not expressly captured as a misconduct under the Condition and scheme of service and the process of dismissal failing to comply with the provision of the Kogi State University Law and ordered reinstatement and all outstanding salaries and allowances accruing to him from the date of the unlawful dismissal be paid to the Claimant by the Defendant.
This suit commenced via a complaint filed on the 23rd of August, 2017. The claimant is via the complaint seeking the following reliefs among others from this court to wit: A declaration that his purported dismissal by the Defendant is preposterous, unlawful, unconstitutional, null and void and of no effect. A declaration that the suspension of the Claimant is illegal same having been done outside the ambit of the Provisions of the Conditions and Schemes of Service of Kogi State University 2008 and the University Law as amended which are the law that regulate the activities of the Defendant. The sum of N5,000,000.00 (five million naira) only be paid to the Claimant by the Defendant as special damages for defamation of character and malicious circulation of the purported letter of dismissal.
On the 16th June, 2015, the claimant received a memo from his Head of Department Dr. J.O Achegbulu tagged ‘case of plagiarism written by Dr. Daniel Mathew Okwoli mandating the claimant to respond within 48 hours. He responded to the said allegation and within 7 days, a Departmental panel was set up by the HOD Dr. J.O Achegbulu and headed by a personal friend of the petitioner Dr. Emmanuel Abba. The panel within 10 days forwarded it ‘s report to the University Management without recourse to the claimant nor reference to the faculty for further investigation.
On 7th January,2016, in compliance with section 6.4.3(1) of the Conditions and Scheme of Service of Kogi State University, Anyigba, the claimant put the University Management on notice that he had assumed duty from suspension and have decided to withdraw his service from the University since there was no letter extending his suspension order.
The claimant having withdrawn from the service of the Defendant over a period of one year received four attachments vide whatsapp from mobile No 08037385345 which one out of the four attachments was letter of dismissal signed by the Registrar. The said letter of dismissal was never served on the claimant but was circulated within the University Community.
According to the Claimant the conditions and Schemes of Service of Kogi State University, 2008 and the University law, 1999 as amended in 2013 does not empower the Defendant to set up Panels to investigate allegations of Plagiarism.
On the part of the Defendant, by June 2015, the Claimant was alleged to have committed an act of Plagiarism vide a memorandum written by Mr. (now Dr.) Daniel Matthew Okwoli of the Department of Public Administration of the Defendant.
The Claimant was invited to appear before one panel after the other and given time to respond to allegation made against him. Eventually he was suspended. While he was suspended, he was told to leave behind his contact address and not to leave Anyigba without doing so and also make himself available for further questioning as investigation is still ongoing.
The Defendant set up another investigation panel to which the Claimant was invited to appear before. He was found culpable and recommended to appear before the Senior staff disciplinary committee but before he was invited to appear, he resumed duty and tendered his notification of resumption and withdrawal of service. The Defendant did not approve the withdrawal owing to the pending disciplinary action.
The defendant found out sometimes in June 2016 that the Claimant had taken up another appointment. By the time the Council of the Defendant was re-constituted in 2017, the Senior Staff Disciplinary Committee was set up and the Claimant was invited again. This time he did not appear. Consequently, the Committee reviewed earlier reports and concluded on the dismissal of the Claimant. The Defendant denies all the insinuation of bias and ill will towards the Claimant and prays this Honourable Court to dismiss the Claimant’s claim for being frivolous and vexatious.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Zainab M. Bashir declared inter alia;
“Having failed to comply with the prescribed steps to be taken by a prescribed body as stipulated in the Law of the Defendant, whatever perceived act of compliance with the rules of fair hearing by the Defendant will fail, same having been built on nothing.
Consequent upon the above, it is the finding of this court that the dismissal of the Claimant is unlawful, null and void same having been predicated on the allegation of plagiarism, an act not expressly captured as a misconduct under the Condition and scheme of service and the process of dismissal failing to comply with the provision of the Kogi State University Law.
While it is observed that Claimant has not placed before this court any evidence to show what his full salary for December 2015 was and whether the said sum is a monthly salary or annual salary, it must be categorically stated that upon the Dismissal of the Claimant having been declared unlawful, null and void, it is as if the Claimant never left the employment. More so, this Court has the power to Order reinstatement even where same is not sought considering the employment been statutory.
In the circumstance of this case where it is found that the contract of employment is guided by statute, the Claimant is entitled to a consequential relief of reinstatement and payment of his outstanding salary from the time his employment was unlawfully terminated.
In view of the above authorities, Claimant is granted reliefs (vii) and (xi) to the extent that “The Claimant is hereby reinstated to his employment in the Defendant and all outstanding salaries and allowances accruing to him from the date of the unlawful dismissal be paid to the Claimant by the Defendant”.
