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Hon. Justice Isaac Essien sitting in Makurdi Judicial Division of the National Industrial Court has ordered the Federal University Lafia to reinstate Mr Umar to his employment post with rightful rank as Assistant Chief System Analyst on CONUSSS 12 with his full rights, privileges and entitlements as an employee of the University within 3 months.
The court held that Mr Umar committed no offence known to the Rules and Regulations Governing the Conditions of Service of Senior Staff of the Federal University Lafia nor any offence under the University Act for which a disciplinary punishment of suspension could have been imposed on him by the Vice-Chancellor, and set aside the purported letter of suspension.
Justice Essien further mandated the Federal University Lafia to pay Mr Umar the sum of N 8,558.720.00k (Eight Million Five Hundred and Fifty-Eight Thousand Seven Hundred and Twenty Naira) only being the arrears of salary owed Mr Umar from when he was wrongfully dismissed up to June 2024, and the sum of N197,520.00k being the amount of salary shortfall between 16th January 2019 to 16th April 2019 during the period Mr. Umar’s unlawful suspension with the sum of N5,000,000.00k as cost of action within 30 days.
From facts, the claimant- Mr. Umar had submitted that he was promoted vide Exhibit C10 to the rank of Senior System Analyst, and upon the refusal of his request for proper placement, he was placed on 3 months suspension after which his employment was terminated.
The learned counsel to Mr Umar averred that the allegation against his client cannot pass for an act of gross misconduct or be pigeon-holed into any of the definitions of good cause under the Federal University of Lafia (Establishment) Act 2015.
In defence, the defendant- Federal University Lafia maintained that the employment termination of Mr Umar was done in accordance with the rule of law and also that Mr Umar was given a fair hearing and all the opportunity to make a presentation before the Staff Disciplinary Committee, urged the Court to dismiss the case in its entirety.
Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Isaac Essien held that by virtue of the Rules and Regulations Governing the Conditions of Service of Senior Staff of the Federal University Lafia, the Vice-Chancellor is vested with the power to suspend an erring staff of the University, and such disciplinary measures must be strictly followed in accordance with the University Rules and Regulations.
The Court stated that the Federal University Lafia did not inform Mr Umar that his response to the query was unsatisfactory so as to give Mr Umar the opportunity for a proper self-explanation as required by the University rules, and found that Mr Umar was suspended for an offence different from what he was queried of.
Justice Essien held that nowhere ‘false claims against public officials’ and the offence of ‘engaging in acts that constitute disrespect for public officials’ are listed as an infraction amounting to gross misconduct under the Rules and Regulations Governing the Conditions of Service of Senior Staff of the Federal University Lafia.
On the termination of the appointment of Mr Umar, the court held that the report of the Investigation Committee which is the foundation upon which the Staff Disciplinary Committee of Council in Exhibit D12 received and founded its recommendation of dismissal to the Governing Council of the University was flawed due to the fundamental breach of Mr Umar’s right to fair hearing.
The Court declared the suspension and subsequent employment termination of Mu’azu Umar from the service of Federal University Lafia dated 2019 as unlawful, null and void.
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