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Ibadan---His Lordship, Hon. Justice F. I. Kola-Olalere of the National Industrial Court of Nigeria, sitting in Ibadan on Friday 4th July 2018 in a judgment dismissed suit against Nigerian Prisons Service filed by Shuaib Shafiu Isola challenging his dismissal from service for lacking merit.
The Claimant originally commenced this suit at the Federal High Court of Nigeria, Ibadan Division vide a Writ of Summons filed on November 9, 2011 before same was transferred to this Court. The claimant sought for the following reliefs against the defendant among others: An Order of the Honourable Court setting aside the proceedings, findings and recommendations of the defendant’s investigative panel of enquiry dated 11th August 2011 and the defendant’s letter Ref. No: NPS.948/S.3/VOL.IV/467 of 19th August 2011 in so far as they touch and concern the claimant. An Order of the Honourable Court re-instating the claimant to his position as Senior Prisons Assistant I on salary Grade Level 06/10 in the employ of the defendant. Likewise, An Order directing the defendant to pay to the claimant the monthly salary of N61,004.92 irregularly stopped since the month of August 2011 up to the date of re-instatement.
The case of the claimant is that he was appointed as a Prison Assistant I on 1st June 2006 and upon resumption, he was posted to the Nigerian Prisons Service, Ile-Ife wherein he served for three years. However, due to the escape of an inmate when he was on duty, he was arrested and locked up at Agodi Prisons yard premises for about two weeks and was later made to face an investigating panel, which recommended the reduction of his rank, his transfer out of that station or warning. The claimant averred that in furtherance to the recommendations, he was transferred out of the station but then, he was surprised by the defendant’s letter; dismissing him from its service.
The case of the defendant on the other hand, is that the claimant was not diligent and devoted to his duties and that his gross negligence led to the escape of an inmate by name Shuaib Aro. That the panel officers who adjudicated over the case were as prescribed by the rules governing disciplinary cases of officers of the Nigerian Prisons Service and their recommendation was forwarded to the Controller General of Prisons Service. The defendant averred that the report of the panel was subject to the approval of the Controller-General of Prisons who overturned the panel’s recommendation when he read all the reports in relation to this case.
Counsel to the defendant filed his final written address and raised issues for determination of the Court: Whether the defendant has done anything wrong by his present action, or Whether the Plaintiff has proved or showed substantial material facts to move the Court to succeed in his claim.
counsel to the claimant submitted that the claimant was tried by a panel that was hurriedly set up by the defendant and Part of the case of the claimant is that despite requesting for a copy of the charge against him at the panel, he was not availed a copy of same, thereby denying the opportunity of knowing beforehand the case against him in other for him to prepare his defence.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice F. I. Kola-Olalere expressed thus;
“The law is that in any employment relationship, an employee who complains that he was wrongly terminated or dismissed has the onus of placing before the court; the terms and conditions of the contract of employment and to prove the way and manner those terms were breached by the employer.
“This cited authority shows that the Court needs to see the terms and conditions of the employment relationship between the parties before it can decide whether the punishment melted on the claimant in this case is higher than what he deserved.
“In the circumstance of the instant case, I find that the claimant has failed to submit issues he raised in his pleadings for trial by giving or calling satisfactory evidence in support of his case. Again, the claimant has not shown any legal reasons dictating to the contrary why the Court should not resolve the case against him.
“Therefore, I hold that by not leading evidence on the terms and conditions of the contract of his employment, the claimant has not succeeded in proving the way and manner those terms and conditions were breached by the defendants in this case.
“Consequently, I hold that the claimant has not proved his case to the satisfaction of this Court so as to be entitled to the relief being sought for.
“This case is hereby dismissed.” His Lordship declared.
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