Media
- Home
- Details
The Presiding Judge, Minna Judicial Division of the National Industrial Court, Hon. Justice Olufunke Anuwe has dismissed the allegation of unlawful dismissal claim filed by one Isah against the Niger State Government, Attorney General of Niger State, and Niger State Civil Service Commission for lacking merit.
The Court held that Isah has not established that his employment subsists, and also failed to provide sufficient facts to challenge the dismissal of his appointment.
From facts, the Claimant, Isah, had submitted that he was employed in 2003 by the Niger State Government and worked with the Ministry of Water Resources and Rural Development, with his entry qualification being a Teachers’ Certificate Grade II.
Isah averred that while in service, he obtained an ND in Civil Engineering Technology and presented the same during the screening exercise, where his certificate was queried, and that after the screening exercise, he continued work but suddenly stopped receiving salary from September 2021 and was later directed not to report to duty pending verification of his certificate.
Isah further stated that he was not issued any official communication regarding the termination of his employment and claimed that his unpaid salaries from September 2021 to December 2024 amounted to N2.54m.
He consequently sought declarations that his employment subsists, that the withholding of his salaries was unlawful, that his qualifications are genuine, and orders for payment of arrears of salaries, damages, and other reliefs.
In defence, the Niger State Government and others asserted that Isah was employed by the Government, but his employment was obtained based on false representation of qualifications.
The Niger State Government stated that during the screening exercise, it was discovered that Isah’s Teachers’ Grade II certificate could not be verified, and his ND certificate was confirmed to be fake.
The Niger State Government and others further averred that upon these findings, Isah was dismissed from service vide a dismissal letter in June 2021, which took effect in January 2021, on the ground of falsification of records.
The Niger State government also counterclaimed for a refund of N13.2m being salaries paid to Isah over a period of 218 months, alongside damages and costs.
In a well-considered judgment, Justice Olufunke Anuwe held that where a dismissal letter has been produced, the only basis to declare the employment subsisting is where the dismissal is successfully challenged as wrongful or unlawful.
The Court found that Isah did not challenge the dismissal but merely denied receipt of the dismissal letter, and that the non-receipt of the dismissal letter does not invalidate the dismissal and cannot be relied upon to set it aside.
Justice Anuwe held that the existence of the dismissal letter and the stoppage of salary confirmed that Isah’s employment had been terminated.
The Court held that the claim seeking a declaration that Isah’s qualifications are genuine cannot be granted, as only the issuing institutions can confirm their authenticity, and no such evidence was produced.
The Court concluded that Isah failed to establish his claims and is not entitled to any of the reliefs sought.
However, on the Counter-claim, Justice Anuwe stated that the Niger state government and others failed to conduct due diligence at the point of employment and cannot recover salaries for services already rendered.
Visit the judgment portal for full details
