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Yenagoa---His Lordship, Hon. Justice B. A. Alkali of the National Industrial Court of Nigeria, sitting in yenagoa on Monday 11th June 2018 in a judgment declared among others the purported removal of DR. TEMPLE R. ILUMA as the Director General/Chief Executive Officer of the BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS through radio announcement on 29/10/2016, 30/10/2016, 31/10/2016 and/or howsoever thereafter by any or all of the Defendants is not in compliance with the extant law establishing the 1st Defendant and therefore null and void, and of no effect whatsoever. The court aslo ordered and directed defendants to pay to the Claimant the sum of N5,000,000 (Five Million Naira) as damages for the embarrassment, humiliation and denigration caused by the unwarranted acts of the Defendants.
The Claimant by a Complaint dated 24th November, 2016 sought for the following reliefs among others; A DECLARATION that the purported removal of the Claimant as the Director General/Chief Executive Officer of the 1st Defendant through radio announcement on 29/10/2016, 30/10/2016 and 31/10/2016 and/or howsoever thereafter by any of or all of the Defendants, their respective representatives, agents, privies or assigns is not in compliance with the extant law establishing the 1st Defendant and therefore null and void, unconstitutional and of not effect whatsoever and AN ORDER directing the 1st and 2nd Defendants to pay the Claimant arrears of his salaries together with all his entitlements from the month of December, 2015 till date.
The Claimant’s case is that he was appointed by the THE EXECUTIVE GOVERNOR OF BAYELSA STATE (2nd Defendant) as the Director General/Chief Executive Officer of the BAYELSA STATE AGENCY FOR THE CONTROL OF HIV/AIDS (1st Defendant) vide letter of appointment dated 6th August, 2012 with effect from 10th July, 2012. And that the appointment is guided and regulated by the extent law, Bayelsa State Agency for the control of HIV/AIDS (Establishment) Law, 2012 And that the appointment is for a term of five years commencing 10th July, 2012 and is to expire on 10th July, 2017.
The Claimant further stated that since his appointment, he has was not indicted or subjected to any manner of trial by either the 1st or 2nd Defendants. And that his salary has not been paid since November, 2015. He however, came to know of his removal from office through the MR. ALEX OGREGADE (4th Defendant) who informed him that there was radio announcement made on 29/10/2016, 30/10/2016 31/10/2016 and that the 4th Defendant claimed that he is appointed as the Acting Director/General of the 1st Defendant and that the 2nd Defendant directed the Claimant to hand over to him the 4th Defendant; the 4th Defendant equally gave the Claimant a copy of his appointment letter as the Acting Director General of the 1st Defendant.
The Defendants through their lone witness in his Deposition on Oath stated that the Claimant was relieved of his appointment as a political appointee on the 15th January, 2016 along with other political appointees through radio announcement made on Radio Bayelsa and the Claimant having not brought this action within three months from the date the cause of action arouse, i.e his removal from office, his action is statute barred and urged the court to make order of dismissal.
The Claimant’s counsel maintained there is no mention of the name of the Claimant in the purported radio announcement which the Defendants claimed was made on 15/2/2016 Urged this court to grant all the reliefs sought.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice B. A. Alkali expressed thus;
“…the ground upon which the Claimant instituted this action is that the 2nd Defendant failed to comply with the procedure for removing the Claimant as contained in the Bayelsa State Agency for the Control of HIV/AIDS (Establishment) Law, 2012 which statutorily fixed the tenure of the Claimant for five years, his appointment or contract being one with statutory flavour.
“In other words the 2nd Defendant acted outside the colours of his office or outside his statutory duty and as such cannot enjoy any protection as same forms part of the exceptions outlined.
“In view of the foregoing facts as enumerated ab-initio it’s my ardent belief that this action is not statute barred and as such this court has the jurisdiction to hear same and I so hold. I resolved the first issue in favour of the claimant.
“Furthermore where there are rules and regulations governing the termination of an appointment which is protected to some extent by the conditions of service (like in this case) such rules and regulations dealing with the procedure for bringing an employee’s employment to a lawful end must be complied with. Such an employee cannot be removed from the service at the whim and caprice of his employer.
The Claimant having proved his case in line with the provisions of Section 19 (d) of the NIC Act 2006, I order the Defendants to pay the sum of N5,000,000.00 (Five Million Naira) to the Claimant as damages.
“I declare that the purported removal of the Claimant as the Director General/Chief Executive Officer of the 1st Defendant through radio announcement on 29/10/2016, 30/10/2016, 31/10/2016 and/or howsoever thereafter by any or all of the Defendants is not in compliance with the extant law establishing the 1st Defendant and therefore null and void, and of no effect whatsoever.
“The said purported removal of the Claimant by the 2nd Defendant through announcement as the Director General/Chief Executive Officer of the 1st Defendant is hereby set aside.
“The 1st and 2nd Defendants are hereby ordered and directed to pay to the Claimant arrears of his salaries together with his entitlements from the month of December, 2015 to 10th July, 2017 when his tenure officially ended.
“All the terms of this judgment are to be complied within 30 days from today.”
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