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The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has declared the purported compulsory retirement of Mohammed Ado and 15 others by the Kaduna State Urban Planning And Development Authority on grounds of services no longer required and without compliance with the Public Service Rules as illegal, null and void and contrary to the provisions of the Kaduna State Public Officers/Purge and Abnormal Dismissal Prohibition/Law of Kaduna State.
The Court ordered the Kaduna State Governor, Kaduna Urban Planning And Development Authority, Kaduna State Civil Service Commission to reinstate Mohammed Ado and 15 others back to service of the Kaduna State Urban Planning And Development Authority with payment of all arrears of salaries, allowances, and promotion accrued from the date of the service of their letters of Compulsory Retirement until they attain the statutory retirement age of Thirty-Five (35) years in service or Sixty (60) years of age within 30 days.
From facts, the claimants- Mohammed Ado and 15 others had submitted that throughout their service, they served the Kaduna State Urban Planning And Development Authority and 3 others diligently and without blemish up to the 5th day of May 2022 when the Development Authority served them letters of compulsory Retirement on the grounds that their services are no longer required.
They averred that being on the permanent and pensionable cadre in the Public Service of Kaduna State, they cannot be compulsorily retired on the grounds that their services are no longer required, and that the Kaduna State Urban Planning And Development Authority lacks the vires to compulsorily retire them from service as the constitutional vires resides with the Kaduna State Civil Service Commission.
In defence, Defendants- Kaduna State Urban Planning And Development Authority and 3 others stated that letters of query were issued to Mohammed Ado and 15 others on allegation of misconduct, that the Development Authority was not satisfied with their reply and the committee set up for fair hearing invited Mohammed Ado and 15 others to appear and defend themselves.
The defendants averred that consequent upon the report of the Committee and its recommendations, the Board adopted the Recommendations of the Committee and also recommended to the Authority the Compulsory retirement of Mohammed Ado and 15 others, and urged the Court to dismiss the case.
In opposition, the learned counsel to the claimants argued that his clients were never given any opportunity to defend themselves properly nor were they afforded all the necessary documents for their defence as provided in the Public Service Rules and the Constitution of the Federal Republic of Nigeria, urged the Court to grant the reliefs sought.
In a well-considered judgment, the presiding Judge, Justice Bashar Alkali, held that Mohammed Ado and 15 others' employment with the Kaduna State Urban Planning And Development Authority is protected by the Kaduna State Public Service Rules, and the State Governor and others are bound to religiously adhere to the provisions of the Rules for their decision to get the judicial nod of this Court.
The Court held that notwithstanding the findings of the committee set up by the Kaduna State Urban Planning And Development Authority, the constitution of the Personal Management Board of the Kaduna State Urban Planning And Development Authority is illegal as it is unknown to law.
Justice Alkali stated that the Kaduna State Urban Planning And Development Authority cannot validate the constitution of the Personal Management Board of the Development Authority under the provision of Kaduna State Public Service Rules because there is no pleading and evidence before this Court which established that Kaduna State Civil Service Commission delegated its power to exercise disciplinary power over the staff of the Kaduna State Urban Planning And Development Authority.
The Court ruled that the Kaduna State Urban Planning And Development Authority and 3 others disregarded the provisions of State Public Service Rules before retiring Mohammed Ado and 15 others from the Kaduna State Urban Planning And Development Authority service.
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