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Lagos---His Lordship, Hon. Justice B. B. Kanyip of the National Industrial Court of Nigeria, sitting in Lagos on Wednesday 11th July 2018 in a judgment dismissed suit filed by Steve C. Okebu Esq against Delta State Judicial Service Commission(1st Defendant) and Attorney General of Delta State challenging his demotion based on the recommendation of a Board of Inquiry for being statute barred and caught up by the provision of the Public Officer Protection Act.
The claimant filed this suit on 16h February 2017 by way of a complaint and sought against the defendant among others; A declaration that the continued use of the demotion as recommended by a Board of Inquiry, to stultify the claimant’s career and progress in Public Service, until the claimant’s retirement on 25 November 2016, is wrongful, malicious and mala fide. A declaration that the willful refusal to implement the decision and recommendation of the reviewing Board of Inquiry that looked into the petition of the claimant, without any reason or justification advanced to the claimant for the said refusal, until his retirement on 25 November 2016, is ultra vires the powers of the defendants, malicious and contrary to Rule 04303 of the Delta State public service rules Likewsie An order directing that the claimant be paid the pension and gratuity of a Salary Grade Level 17 officer, being his rightful and legitimate salary Grade Level.
In summary, Until 25th November 2016, the claimant was a Chief Magistrate in the Delta State Judiciary with 34 years post call experience and practice. The claimant had in 1998 been recommended for appointment as a High Court Judge but on 30th April 1998 he was instead absorbed as a Chief Magistrate II of GL 15. His appointment was confirmed in 2000 and promoted to Chief Magistrate I on GL 16 in 2002. To the claimant he had no issue at work until one Pa Agbofodoh wrote a petition against him stating that the claimant had no jurisdiction and was compromised to issue a reproduction warrant an accused, Newton Agbofodoh, who was the petitioner’s son. The claimant was asked to respond by the Chief Judge, which he did although the necessary documents he needed for his reply were not availed him. Thereafter, a panel was set to investigate the petition. That at several sittings of the panel, the petitioner did not show up to substantiate his allegations. Curiously, that the Chairman of the panel, one Late barrister Abel Ojo, raised an issue that was contained in the petition i.e. that the claimant mutilated his record book by altering the page numbering of the record book. That it was on this basis that the panel found the claimant culpable of abuse of office, gross misconduct and incompetence in handling the matter; and the panel recommended to the 1st defendant that the claimant be demoted from GL 16 to GL 15.
The claimant petitioned the 1st defendant to review/revisit the recommendation. The reviewing board found in January 2009 that the reduction in rank of the claimant is unsustainable and cannot be justified and then recommended that the said punishment be rescinded. That the 1st defendant refused to implement the recommendation of the reviewing board without proffering any reason whatsoever for the refusal.
And that in 2016 when another promotion interview was slated, the 1st defendant did not even bother to invite him. He eventually retired from the service of the 1st defendant on 25th November 2016. To the claimant, he suffered monumental and continuous injustice and injury at the hands of the 1st defendant and the Delta State Judiciary; which injury and wrongful actions which started in 2006 were continuous in nature and ran through the claimant’s service with the 1st defendant until he retired on 25th November 2016. That the actions of the defendants were vindictive, done with male fide, Machiavellian and outside their statutory powers.
The defendants had in their joint statement of defence alleged that the claimant’s cause of action is statute-barred on the strength of the Public Officers Protection Law of Delta State.
To the claimant, the Public Officers Protection Law is inapplicable to his case. Thus, having filed this suit within two months and a few days leg (c) of his cause of action is obviously not caught by limitation law.
Surprisingly, that the defendants relied on four (4) alleged petitions written against the claimant between years 2014 to 2015 in justification of the fact that the claimant was not considered for promotion.
To the claimant, petitions do not amount to an indictment, which necessitates disciplinary action.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice B. B. Kanyip expressed thus;
“It must be noted that for purposes of the limitation law, intervening acts do not count when the period of limitation is being counted. So it matters not in truth that the claimant appealed against the demotion unless there is an obligation in terms of the rules that he must appeal before he can come to Court; and the claimant did not show such a requirement. The claim against demotion is accordingly outside of the three months limitation period allowed by the Delta State Pubic Officers (Protection) Law. I so find and hold.
“As for the claims for arrears of salaries, All the salaries the claimant is claiming for were not due and payable at the retirement of the claimant; they were due and payable while the claimant was still in the employ of the 1st defendant. This being so, the claimant is making the claims for them outside of the limitation period. I so find and hold.
“If anything, all these acts are the wrongs alleged to have been committed that he claimant should within the limitation period bring an action for redress. Once the claimant delays in bringing an action he takes the risk that he may be caught up by the limitation law. This is what the claimant has done in the instant case.
“As it is, therefore, the claimant cannot succeed in his claims. They fail and are hereby dismissed.” His Lordship rules.
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