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His Lordship, Hon. Justice Zainab M. Bashir of the National Industrial Court of Nigeria, Lokoja Judicial Division on Tuesday 24th April in a judgment declared dismissal of the Claimant DR. TINUOLA FEMI RUFUS from service by Kogi State University, Anyigba not wrongful as Claimant failed woefully to show how his dismissal by the Defendants is invalid and why the Defendant should be compelled to accept the letter of withdrawal of service.
This suit commenced by a general form of Complaint originally filed before this Honourable Court on 24th January, 2014. The suit was partly heard in the Abuja Division before being transferred to this Division in November, 2017. The Claimant sought among others; A DECLARATION that by the Defendants’ letter of 31st October, 2006 with Reference No. KSU/R/APP/PRO/VOL 1, the Claimant was an employee of the Defendants from 31st October, 2006 to 31st March, 2013. A DECLARATION that the act or gesture of the Defendants in personally deciding to issue a letter of Dismissal from service against the Claimant instead of approving the Claimant’s letter of withdrawal from service in compliance with the provisions of chapter 14 (1) (i) and 14.2 of Kogi State University Anyigba’s conditions and Schemes of service for Senior Staff 2008 is unfair, wrongful and illegal.
The Claimant was employed by the Kogi State University, Anyigba as Senior Lecturer. He became the Acting Head of Department of Sociology in the University on October 14, 2009 and was later promoted to the rank of a Reader effective from October 1, 2010. The claimant avers that by a letter dated 7/3/12, he applied for his accumulated Annual Leave of 150 working days which he could not proceed with, as a result of the Accreditation Exercises embarked upon by the University. That the said accumulated leave of 150 working days was approved and deferred for the period up to 2011/2012 Academic year.
After tendering the letter of withdrawal of service, the Claimant received a pay slip for his April salary to which he protested via a letter dated 20th May 2013.
Prior to the payment of the April salary and the protest letter, the Claimant avers that on 5th March 2013, he received a letter from the Registrar asking the Claimants to produce 13 missing scripts for SOC 405. He responded via a letter dated 6th March, 2013 to state that the missing scripts were not with him.
Claimant stated that by a letter dated 17/10/2013, he was invited by the Defendants to appear before the Senior Staff Disciplinary Committee on allegation of abscondment from duty.
The Claimant denied the allegation of abscondment and maintained that after submitting his letter of withdrawal of service on 26th March, 2013, he performed his duties till 5th may, 2013 when it was evident that his salaries were not paid which is tantamount to technical approval of his withdrawal of service.
On 28th October, 2013, Claimant received a letter dismissing him from service, he avers in this regard that the dismissal, instead of approving his letter of withdrawal from service is a calculated attempt to truncate his life career and it was borne out of a misguided passion to mar his reputation as he has not committed any offence to warrant dismissal from service.
With regards to the withdrawal of service by the Claimant, the Defendants aver that as at March, 2013, the Claimant had been indicted for not holding Departmental Board of Examiners meeting as and when due, poor handling of Examination materials such as attendance sheets, answer scripts, marking scheme, poor statistics of students enrolment per course, not allowing Departmental officer full right of duty and poor accounting of missing scripts in the Department of Sociology, Kogi State University.
For want of details, the Defendants aver that the purported letter of withdrawal from service by the Claimant had become a spent force and as such rendered ineffective and of no consequence having been countermanded by the Claimant himself vide his letter dated 30th August, 2013 addressed to the Vice- Chancellor of the 1st Defendant informing him that he had reported back to his duty post to resume his official duties with effect from 21st August, 2013.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Z. M. Bashir expressed thus;
“...I have painstakingly evaluated and understood all the processes filed by learned Counsel for the parties in this suit. I have reviewed the testimonies of the witnesses called on oath, watched their demeanor and carefully evaluated all the exhibits tendered and admitted. I also heard the oral submissions of learned Counsel for either side while adopting their final written addresses.
The Claimant has not placed any evidence before this court to prove that there was an irregularity or non-compliance with the refusal to accept the withdrawal of his service. The Conditions of service does not stipulate that the notice of withdrawal must be accepted and it is instructive that the reason for refusal was provided by the Defendant and I so hold.
It is the finding of this court that the Defendant clearly made out a case of abscondment against the Claimant having proceeded on a sabbatical leave that was not permitted and I so hold.
Consequent upon the above, it is the finding of this court that the Claimant has woefully failed to show how his dismissal by the Defendants is invalid and why the Defendant should be compelled to accept the letter of withdrawal of service. Issue two is therefore resolved in favour of the Defendants to the effect that having regards to the facts of this case, the dismissal of the Claimant was not wrongful as the Defendants validly dismissed the Claimant from service and I so hold.
In the final analysis, this court finds the claims of the Claimant to be lacking in merit and all the said claims are refused and dismissed accordingly.
Judgment is entered accordingly.
