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Lokoja---His Lordship, Hon. Justice Zaynab M. Bashir of the National Industrial Court of Nigeria, sitting in Lokoja on Wednesday 18th July 2018 in a landmark judgment declared that the employment of ONUCHE MUSA MOHAMMED (claimant) with the KOGI STATE GOVERNMENT (defendant)is still subsisting. The court also declared as afterthought the statement in relation to on-going investigation that no provision of the Public Service Rules allows withholding or suspension of payment of salary for two years, ordered that all salaries and entitlements of the Claimant be calculated and paid within 60 days.
This suit was commenced by a complaint filed on the 2nd of March, 2018. Arising from the Complaint and statement of fact, the claimant’s sought against the Defendants jointly and severally among others; A DECLARATION that the purported dismissal of the claimant by the defendant or his agent is null and void, and of no effect the dismissal haven (sic) not complied with the laid down requirement of the Kogi state civil/public service rules on appointments and dismissal of civil/public servants and AN ORDER of this Honourable court directing the defendants to pay to claimant all his entitlements owed him before, during and after the state screening until date of judgment.
From the statement of fact and witness statement on oath is that the Claimant is a civil servant employed in 1985 and a Director special grade on G/L 17 with the 2nd defendant. He was appointed as a head of local government administration Idah Local Government Area, Quota on the 30/10/2014. He has been in that position, and did serve as the Director of local government administration Igalamela/odolulu local government area before being posted to Ogori magongo local government area.
Upon resumption of duty, the claimant met that the council was in debt, as the claimant’s predecessor had obtained loans from banks. At the screening exercise conducted by the state Government, he made this explanation to the screening committee that as at the time or period the loan was obtained, he was not the DLG of the local government area hence, he could not have in any way misappropriated monies he did not see. The loan he was alleged to have misappropriated was obtained in 2013 and 2014 from Skye Bank and Access Bank respectively. The screening committee also alleged that the claimant was part of a cartel that suppressed the remittance of PAYE.
Despite the explanations made by the Claimant, the name of the claimant was published by the screening appeal committee terminating the claimant’s appointment. Consequently, claimant states that the termination of his appointment did not follow the laid down procedure of the public service rule as he was not served any query or notice in lieu by the Defendants. Also, the last time the Claimant was paid any salary at all by the defendants was in December2015.
He maintained that he has not been given any letter that he is no longer an employee and he further stated that it is correct to say he has been dismissed since there is no salary.
The Defendants admitted all facts relating to the employment, promotion and posting of the Claimant and further stated that Defendants set up a staff screening and validation Committee to ascertain the actual work force of the state. The Claimant was invited by the Committee to explain how the loans obtained by the 3rd Defendant were expended under the Claimant’s watch but he could not give satisfactory explanation.
Consequent upon the Claimant’s indictment by the Kogi State Final Staff Screening Validation & Appeal Committee, he was recommended for dismissal from the services of the 2nd and 3rd defendants.
The Defendants added that the Claimant remains a bonafide employee of Kogi State Civil Service as he has not been disengaged although staff of the 1st defendant that were indicted by the screening exercise will have their salaries suspended until the screening result is fully processed by the relevant security agencies and the Civil Service Commission.
Counsel reiterated that the Claimant is clearly under investigation and as such cannot be paid any salaries until all investigations are concluded as there is the probability that the Claimant might even have to refund about 290, 000,000.00 (Two Hundred and Ninety Million Naira) loan alleged to have been misappropriated under the supervision of the Claimant and additional 10, 821,939.94 (Ten Million, Eight Hundred and Twenty One Thousand, Nine Hundred and Thirty Nine Naira Ninety Four Kobo) monies he and his cartel allegedly suppressed and failed to remit as PAYE (deducted from staff of LGA) to the board of internal revenue of the defendants.
Counsel concluded by urging the court to uphold his submissions and refuse the Claimant’s reliefs.
After reviewing the argument, processes filed, testimonies of the witnesses, watched their demeanor and carefully evaluated all the exhibits tendered and admitted and the submissions of learned Counsel to both parties, the Court Presided by Hon. Justice Z. M. Bashir expressed thus;
“I have found above that the Claimant has not on the strength of his case presented credible, cogent and convincing evidence to support the fact that his employment has been terminated and therefore this court cannot make the pronouncement or declaration that his employment with the Defendant is terminated or that the Claimant has been dismissed. In essence, the employment of the Claimant with the Defendants is still subsisting.
“There is no piece of evidence presented by the Defendants to prove the fact that the salary of the Claimant have been lawfully withheld.
“The statement in relation to on-going investigation can best be regarded as afterthought. Moreso, there is no provision of the Public Service Rules that allows withholding or suspension of payment of salary for two years.
The Court ordered all salaries and entitlements of the Claimant be calculated and paid within 60 days.
The court also granted the sum of N500,000.00 for the claimant as general damages against the Defendant to be paid within 60 days from today.
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