Just In: Industrial Court Voids Compulsory Retirement of Wasiu Adeniyi From Service of Oyo State Govt, Orders Reinstatement

• 2292 Wednesday 13th June 2018

Just In: Industrial Court Voids Compulsory Retirement of Wasiu Adeniyi From Service of Oyo State Govt, Orders Reinstatement

 

Ibadan---His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, sitting in Ibadan, Oyo State on Wednesday 13th June in a landmark judgment declared that the compulsory retirement of Mr. Wasiu Ademola Adeniyi (claimant) from the public service of Oyo State Government (1^st defendant) and Broadcasting Corporation of Oyo State by the defendants was illegal, null and void and of no effect.

On September 6, 2013 the claimant filed this Complaint sought among others against the defendants; A Declaration that the purported compulsory retirement/termination of the claimant’s employment by the 3^rd defendant and Broadcasting Corporation of Oyo State acting on the instruction and authority of the 1^st defendant from the service of the 1^st defendant vide 3^rd defendant and Broadcasting Corporation of Oyo State letter of 15^th July, 2013 is wrongful, illegal and of no effect whatsoever. An Order of the Court; restoring the claimant to his post and office as the Assistant Director of Programmes with the Broadcasting Corporation of Oyo State and to all his rights and privileges attaching thereto.

 

The case of the claimant is that he was a broadcaster and that he joined the services of the Broadcasting Corporation of Oyo State as Temporary Producer II on GL 8 Step 2 in February 1992. Thereafter, his appointment was regularized and confirmed; he then rose through the ranks to the post of Assistant Director of Programmes. He averred further that in June 2007,he was deployed to the office of the Executive Governor of Oyo State as Assistant Director (Protocol) effective from June 15, 2007 until September 5, 2011 when he was re-deployed back to the Broadcasting Corporation of Oyo. Subsequently, he was compulsory retired from the Public Service of Oyo State through a letter signed by the 3^rd defendant on the instruction of the 1^st defendant; contrary to the provisions of Oyo State Civil Service Commission Regulation 1978 as reproduced in Vol. VI of the Laws of Oyo State and the Oyo State Public Service Rules.

The case of the 1^st and 2^nd defendants is that the Corporation observed that the claimant had completely lost touch with the primary function of the Corporation. Therefore, the claimant was compulsorily retired by the defendants after they were convinced that there was no space to accommodate him in view of his complete detachment from the Broadcasting Corporation, which is professional in scope and in practice.

 

To them, the compulsory retirement of the claimant was neither punitive nor political; rather, it was done in public interest.

 

The case of the 3^rd defendant on the other hand is that the claimant was compulsorily retired from the Public Service of Oyo State through a letter from the office of the Head of Service while the BCOS Director of Finance and Supplies was advised to compute his final entitlements.

 

In his final written address, counsel to the 3^rd defendant continued that the claimant did not prove any wrong doing in a personal capacity against the 3^rd defendant. To him, the 3^rd defendant; being a public servant, acted on the instructions of the Corporation’s Management. Therefore, there is no cause of action in this suit against him personally.

 

Thereafter, counsel to the claimant formulated an issue for determination Whether the compulsory retirement of the claimant by the defendants vide the 3^rddefendant’s letter of 15^th July, 2013 written on the instruction of the 1^stdefendant was valid/proper and not in violation of the claimant’s condition of service.

 

After reviewing the argument of the parties, the Court Presided by Hon. Justice F. I. Kola-Olalere expressed thus;

 

“There is no provision under the Civil Service Commission Regulations of Oyo State and under the Oyo State Government Public Service Rules of 2013 that allows the 3^rd defendant, Chief Executive Officer of the Broadcasting Corporation of Oyo State to compulsorily retire a level 14 Public Officer from Oyo State Public Service without following due process and without recourse to the Civil Service Commission of Oyo State. What the 3^rd defendant and the Broadcasting Corporation ought to have done when they realized that the claimant did not fit into the Corporation system again at the point he was re-deployed back to the Corporation was to make a report on that to the Civil Service Commission of Oyo State and then await further directive from the Commission, but the defendants failed to do that. Rather, they unilaterally retired the claimant compulsory from Oyo State Public Service in deviance to the provisions of Regulation 35 (a)of the Civil Service Commission Regulations of Oyo State.

 

On the whole, the court declared among others that the compulsory retirement of the claimant’s employment by the defendants on July 15, 2013 is wrongful, illegal and of no effect whatsoever and that the claimant is still a lawful employee of the Oyo State Government.

 

His Lordship, Ordered that the claimant be re-stated to his post as an Assistant Director of Programmes in the Public Service of Oyo State without loss of his rights and privileges attaching thereto.

Justice Kola-Olalere also Ordered the 1st defendant is to pay to the claimant all his arrears of salaries, allowances and other emoluments/entitlements due to him from July 2013 till today less his indebtedness to the defendants.

 

Full Judgement, Click Here

 

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