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Hon. Justice Rakiya Haastrup of the Abuja Judicial Division of the National Industrial Court has declared the dismissal of Mrs Ndubuisi by the Federal Civil Service Commission as unlawful, null and void and of no effect, having been carried out in breach of the rules of fair hearing and the Public Service Rules.
The Court ordered the Federal Civil Service Commission to immediately reinstate Mrs Ndubuisi into the Federal Civil Service and post her to any Ministry of choice, with payment of all her arrears of salary and entitlements accruable to her grade level from July 2022 till date.
From facts, the claimant, Mrs Ndubuisi, had submitted that she was first offered a temporary appointment as an Administrative Officer I by the Federal Civil Service Commission in February 2015 before her appointment was confirmed as permanent and pensionable in October 2020.
Mrs Ndubuisi stated that after successfully participating in a verification exercise in 2021, she was served with a letter in July 2022 directing her to hand over all Government property in her possession after the allegation that her appointment was found to be fake following a service-wide verification exercise.
Mrs Ndubuisi maintained that she was never issued a query, invited to explain herself or afforded an opportunity to respond to the allegation before the Federal Civil Service Commission stopped her salary and relieved her of her official duties.
However, despite being served with the originating processes and hearing notices, the Federal Civil Service Commission neither entered appearance nor filed any defence throughout the proceedings.
Ndubuisi’s Counsel, A.I. Erameh Esq, submitted that the Federal Civil Service Commission violated the Public Service Rules and Mrs Ndubuisi's constitutional right to fair hearing by declaring her appointment fake and relieving her of her duties without first issuing a query or giving her an opportunity to respond to the allegation.
Counsel argued that his client’s appointment was made pursuant to the Constitution and the Public Service Rules, making it an employment clothed with statutory flavour, and urged the Court to resolve the issues in favour of Mrs Ndubuisi and grant all reliefs sought in the interest of justice, equity and good conscience.
In a well-considered judgment, Justice Rakiya Haastrup held that where dismissal is predicated on misconduct, the employer must strictly comply with the rules of fair hearing and with the applicable Public Service Rules before carrying out the dismissal.
The Court found that the documents tendered together by Mrs Ndubuisi's unchallenged evidence established that she was validly employed by the Federal Civil Service Commission.
Justice Haastrup held that where dismissal is predicated on misconduct, the employer must strictly comply with the rules of fair hearing and with the applicable Public Service Rules before carrying out the dismissal, as there is no evidence before the Court that Ndubuisi was issued a query or given any opportunity to respond to the allegation before the decision of dismissal was taken.
Justice Haastrup held that there was no evidence before the Court that Mrs Ndubuisi was issued a query or allowed to respond before the Federal Civil Service Commission relieved her from official duties.
The Court held that the dismissal was carried out in breach of the Public Service Rules, the principles of natural justice and the constitutional guarantee of fair hearing, and accordingly declared the dismissal unlawful, null and void.
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