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Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has nullified the purported suspension of Mr Adegbite from office by the Hon. Minister of Labour and Employment in a letter dated 2nd July 2020 and the subsequent termination of employment by the President and the Hon. Minister of Labour and Employment through a Newspaper Publication dated 1st June 2021.
The Court ordered Mr Adegbite's reinstatement to his employment, position and office in NSITF with payment of salaries and allowances effect from the date of his unlawful suspension and all privileges and promotions he ought to have earned had he not been unlawfully suspended and removed from his employment within 30 days.
Justice Anuwe held that the suspension of Mr Adegbite from duty on 1st July 2020 and the subsequent termination of his employment were defective and in violation of the provisions of the NSITF Act and the NSITF Staff Condition of Service.
Justice Anuwe further stated that the evidence before the Court established that the President of the Federal Republic of Nigeria terminated Mr Adegbite’s employment on the recommendation of the Hon. Minister of Labour and Employment, and there is no provision in the NSITF Act, NSITF staff Conditions of Service or the Public Service Rules, which empowers the President of the Federal Republic of Nigeria or the Hon. Minister of Labour and Employment to take disciplinary actions against employees of the NSITF.
From facts, the claimant- Mr. Adegbite had submitted that his employment is not at the pleasure of the President of the Federal Republic of Nigeria that his suspension was not preceded by any investigation or report of any culpability from any Panel of Inquiry and there was no specific or personal indictment against him by any committee or Panel of Investigation.
Mr. Adegbite averred that his sack from his employment was contrary to law and laid down Rules and Regulations including the NSITF Staff Conditions of Service, that he only read about his termination in the newspaper but it was the President who gave approval for his sack and he has not been paid since July 2020.
Mr Adegbite maintained that the Chairman of the NSITF Management Board does not have any power or authority to make any recommendation to the Hon. Minister in relation to any disciplinary action against him.
In defence, the Hon. Minister of Labour and Employment and NSITF Management Board (3rd and 4th defendants) stated that the suspension and subsequent termination of the employment of Mr Adegbite after the hearing of the allegation preferred against Mr Adegbite was in compliance with the NSITF Staff Regulations and Conditions of Service, Public Service Rule, the principles of fair hearing, the NSITF Act and other extant laws.
The defendants maintained that the employment of Mr Adegbite was not terminated by the President of the Federal Republic of Nigeria or the Hon. Minister of Labour and Employment by a press release of 31st May 2021 that Mr Adegbite’s employment had already been terminated by the NSITF Management Board over alleged misconduct before the press release of 31st May 2021.
Delivering judgment after careful evaluation of the submissions of both parties, the Presiding Judge, Justice Olufunke Anuwe held that the suspension of Mr Adegbite from office by the President of the Federal Republic of Nigeria and the Hon. Minister of Labour and Employment vide the letter dated 1st July 2020 violated the express provisions of the NSITF Act, Public Service Rules and the NSITF Staff Condition of Service.
The Court held that the President of the Federal Republic of Nigeria and others failed to show the court how the suspension of Mr Adegbite complied with the NSITF Act and the Public Service Rules and further that no fact pleaded to the effect that the NSITF Act and the Public Service Rules empowers the President of the Federal Republic of Nigeria and the Hon. Minister of Labour and Employment to suspend employees of the NSITF.
Justice Anuwe stated that if Mr Adegbite needed to be suspended from office pending investigation into the allegation made against him with respect to his duties in the employment, it is the NSITF Management Board who has the statutory power to initiate and conclude disciplinary action against Mr Adegbite, including suspending him from office.
The Court reasoned that the NSITF Management Board's disciplinary power over its staff is not subject to control of any authority or office nor is it under any statutory duty to make recommendations to the President of the Federal Republic of Nigeria and the Hon. Minister of Labour and Employment in relation to any disciplinary action against any of its staff.
The Court held that the external Panel that investigated Mr. Adegbite was not constituted by the NSITF Management Board which means that no investigation was carried out on the allegation against Mr. Adegbite in accordance with the provisions of the NSITF Staff condition of service.
“The sum of N10,000,000.00 is awarded as general damages in favour of the claimant against the defendants.” Justice Anuwe ruled.
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