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The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali, has declared the letters purporting to dismiss Mrs Jummai from the service of the Kaduna State Government null, void and of no effect whatsoever.
The Court held that the alleged misconduct levelled against Mrs Jummai could not be found within the categories of misconduct under the Kaduna State Public Service Rules, and was unknown to any known law.
The Court ordered the Government of Kaduna State and 4 others to pay Mrs Jummai N1.5m as arrears of salary for the period of July 2019 to October 2020, remit all pension contributions to the appropriate pension fund administrator and pay her N5m as general damages for her illegal dismissal, with 10% interest on the judgment sum until final liquidation, within 30 days.
From the facts, Mrs Jummai had averred that following the dispute concerning a property at Kaduna, she issued a query and was invited to appear before a disciplinary committee.
She maintained that the suit was to address her civil rights and did not constitute an offence known under the Kaduna State Public Service Rules, adding that her monthly salary was stopped in July 2019 before she became aware of her dismissal on 30 October 2020.
In defence, Kaduna State Government and 4 others contended that the action by Mrs Jummai, wherein she instituted an action against her employer over the property of her employer which has no legal title, constitutes a serious misconduct under the Public Service Rule of Kaduna State.
The defendants maintained that they followed due process in all the steps taken to dismiss Jummai and thus did not breach Jummai's fundamental human rights in any way, and urged the Court to dismiss the case in its entirety.
In opposition, Jummai’s counsel maintained that the powers purportedly exercised by the Honourable Commissioner of Education in revoking Jummai’s appointment were not powers donated to his office, and urged the Court to declare the termination/dismissal null, void, and of no legal effect whatsoever.
Delivering judgment after evaluating the evidence and submissions of the parties, Hon. Justice Bashar Alkali held that Mrs Jummai's employment enjoyed statutory flavour and could only be determined in accordance with the applicable laws and Public Service Rules.
Justice Alkali held that filing an action in court against an employer could not be regarded as gross misconduct where such conduct was not recognised as an offence under the applicable law, adding that the Constitution protects the right of a citizen to approach the court for the determination of civil rights and obligations.
The Court held that the alleged misconduct levelled against Mrs Jummai was not recognised under any law and that her dismissal was therefore null and void, particularly as the PMB/SSC Disciplinary Committee lacked the power to recommend her dismissal, and that the only statutory body that has such a power is the Kaduna State Teachers’ Service Board.
“Having found the dismissal of the Claimant to be null and void, she would ordinarily have been entitled to reinstatement to her position in the service of the Defendants. However, the Claimant did not claim reinstatement in her reliefs before this Court. It is trite that a Court cannot grant what a party has not claimed. This Court is not Father Christmas and cannot award reliefs not sought by the Claimant.” Justice Alkali ruled.
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