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The Administrative Judge, Abuja Judicial Division of the National Industrial Court, Hon. Justice Osathowehen Obaseki-Osaghae has nullified the recommendation of the Senior Staff Committee of the National Biotechnology Development Agency, and the approval of the dismissal of Mr Charles as communicated by the letter of dismissal dated 19th July 2023 for been done without compliance with the Public Service Rules and the rules of natural justice.
The Court ordered the immediate reinstatement of Mr Charles to his position of Senior Scientific Officer with all the rights and privileges and with payment of outstanding salaries, allowances and increments from 19th July 2023 till the date of this judgment.
Justice Obaseki-Osaghae declared that in the light of the provisions of the Public Service Rules, and the absence of a duly constituted Board of the National Biotechnology Development Agency, by Biotechnology Development Agency Boss is not vested with the power to dismiss or otherwise approve the dismissal of Mr. Charles from the Public Service.
From facts, the claimant- Mr Peletiri Charles had submitted that the entire disciplinary proceedings leading to his dismissal by the Federal Ministry of Science, Technology & Innovation was shrouded in total secrecy as he was not afforded an opportunity of knowing the allegations against him and was never availed any copy of the documents offered in evidence against him prior to the abrupt purported dismissal on the approval of Biotechnology Development Agency Boss.
Mr. Charles argued that at the time the by Mr Sule approved his dismissal, the 4th Defendant did not have a substantive Governing Board or Council to determine the conditions of his service and to deal with issues of dismissal of employees.
In defence, the Defendants- the Minister, Federal Ministry of Science, Technology & Innovation; National Biotechnology Development Agency and 2 others maintained that Mr Charles was accused of misconduct and was issued queries which he refused to collect and the Director-General of the National Biotechnology Development Agency approved the constitution of a seven-man committee to investigate the allegation.
The Defendants stated that the committee transmitted the letter inviting Mr. Charles to appear before it, and Mr. Charles failed to honour the invitation. The Defendants averred that there was no Governing Board to implement the report of the disciplinary committee; and as such, the Biotechnology Development Agency's Boss implemented the decision of the disciplinary committee.
In opposition, the learned counsel Chikaosolu Ojukwu SAN, Mrs Ebere Nwanya, C.E. Odum argued that officers like Mr. Charles cannot be disciplined by the Biotechnology Development Agency Boss and that the power of dismissal which was purportedly exercised by the Ministry of Federal Ministry of Science, Technology & Innovation here is also limited only to officers on GL 06 or below. Mr Charles contended that the Biotechnology Development Agency's Boss was in error when he purported to approve his dismissal, and urged the Court to grant the reliefs sought.
On the contrary, the defendants' counsel maintained that a party who had the opportunity of being heard and refused to utilize such opportunity cannot bring an action in breach of the right to a fair hearing, and counsel stated that there was no Minister for Science, Technology and Innovation when the disciplinary committee concluded its report; and National Biotechnology Development Agency's Boss was acting in the absence of the Minister of Science, Technology and Innovation. Counsel then urged the Court to dismiss the suit for lacking merit.
Delivering judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Obaseki-Osaghae reiterated that in disengaging an officer whose employment is with statutory flavour, the procedure laid down in the statute or regulations must be strictly followed, as any breach would render the exercise of termination or dismissal null and void.
The Court held that the power to exercise disciplinary control over staff in the National Biotechnology Development Agency, including Mr. Charles, is conferred on the Board in accordance with the conditions of service formulated by the Board.
Justice Obaseki-Osaghae stated that there is no evidence that Mr. Charles was issued with any query, or invited to appear before any committee; neither is there evidence that a board of inquiry was set up, or that the matter was investigated by a board of inquiry.
The Court held that the powers of the National Biotechnology Development Agency Board concerning the exercise of disciplinary control over Mr Charles cannot be delegated to National Biotechnology Development Agency's Boss under any guise, and there is no provision in the National Biotechnology Development Agency Establishment Act for delegation of the disciplinary powers of the Board; that the Boss acted ultra vires when he purportedly approved the dismissal of Mr Charles from the services of the agency.
“Costs awarded the Claimant in the sum of N750,000.00.” The Court ordered.
