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His Lordship, Hon. Justice Z. M. Bashir of the National Industrial Court of Nigeria, Lokoja Judicial Division on Monday 24th September, 2018 in a judgment affirmed retirement of AMODU OSENI ALBERT (claimant) from the service of Kogi State Govt. (defendants) with effect from 1st September, 2017 ordered defendant to pay to the Claimant his gratuity as computed with the appropriate percentage applicable.
The court also made An order on the Defendants to place the name of the Claimant on the Kogi State list of Pensioners forthwith and to direct payment of outstanding pensions to him.
This suit was commenced via a General form of Complaint filed on 15th February, 2018. The claimaint sought among others; A DECLARATION that the clandestine investigation of the claimant certificate issued by the College of Education, Okene without allowing the applicant, a fair hearing of the result of the outcome of such investigation and to defend himself is unconstitutional, null and void. A DECLARATION as null and void the publication of the dismissal of the claimant from the service of Kogi State Government after a voluntary and mandatory retirement of the claimant upon the attainment of the thirty-five years of meritorious service is unconstitutional, unlawful, null and void. A DECLARATION that the purported dismissal of the claimant without fair hearing of the allegation of certificate forgery against him is unlawful, unconstitutional, null and void.
Arising from the statement of fact and witness statement on oath, the case of the Claimant is that he was all-time material to this case was an employee of the Defendants and served with the Kogi State Universal Basic education Board as education secretary with the Ogori/Magongo Local Government Education Authority. The Claimant rose from Senior Teacher, GL 05 – 06 in 1987 to Director Master on GL 15 – 16 in 2017.
Upon his attainment of 35 years of service, the Claimant tendered his letter of voluntary retirement to the defendant dated 15th August, 2017 and the letter was accepted by the Defendant by her letter dated the 18th of August, 2017 with effect from 1st September, 2017.
The Claimant further alleged that the Defendants without giving the claimant any fair hearing published on the pages of the Graphic Newspaper of November, 22 /28, 2017 the dismissal of the Claimant from her service, in total flagrant of the extant law and policies and the right of the Claimant under the constitution.
During cross examination, the Claimant as CW1 confirmed that all his letters of employment and promotions were served on him personally and that he wrote to the Defendant informing them of his retirement. He agreed that no letter was written to him terminating his employment but the publication indicted him.
The case of the Defendants is that they admitted as true all facts relating to the employment and promotion of the Claimant. The Defendants also admitted being aware of the letter of retirement of the Claimant but not aware of him being cleared by several Committees. The Defendant denied that the Claimant ever tendered photocopy of his certificate and also denied ever terminating the appointment of the Claimant as same cannot be terminated via a newspaper publication as the the publication referred to by the claimant was a report of a committee (Staff Screening, Validation & Appeal Committee Report-MDAs Schedule of Staff Involved in Forged Certificate) that was never enforced by the 1st defendant.
Upon the close of case of the Defendants, the Defendant filed a final written address on the 25th of June, 2018 sought among others Whether or not the claimant is entitled to the reliefs sought as per his complaint.
In arguing issue one, learned counsel contended that the entire reliefs of the claimant are declaratory in nature and the law is settled that declaratory reliefs are only granted at the discretion of the court. He added that a party who seeks declaratory reliefs from the court must establish his entitlement to such reliefs from his evidence. He must do so by producing sufficient evidence to warrant the making of such an order in his favor.
Counsel also referred the court to the statement of the Claimant during cross examination particularly the facts that the defendant had not written him any letter terminating his appointment.
Counsel concluded urging the court to dismiss the claims of the Claimant.
After reviewing the argument of the parties, the Court Presided by Hon. Justice Z. M. Bashir expressed thus;
“Assuming the above publication is anything to go by in terms of terminating the employment of the Claimant, there is no gainsaying that the above authority suffices to maintain that the Claimant cannot be dismissed having validly retired from service with effect from 1st September, 2017 and I so hold.
“Consequent upon this holding, issue one is resolved in favour of the Claimant to the effect that the Claimant was not dismissed but validly and voluntarily retired from the from the employment of the Defendants in view of his application for and approval of retirement form service.
“Upon a careful consideration of reliefs (a), (b), (c) and (d), I find that these reliefs are anchored on the publication in Graphic newspaper admitted in evidence as Exhibit C12. The said Exhibit C12 was published sometime in November, 2017 and its content in relation to this suit is as captured in the resolution of issue one above.
“In view of the above authority, relief (e) and (g) are accordingly refused.
His Lordship further makes an order directing the 1st Defendant to pay to the Claimant his gratuity as computed with the appropriate percentage applicable. And An order on the Defendants to place the name of the Claimant on the Kogi State list of Pensioners forthwith and to direct payment of outstanding pensions to him.
His Lordship also ordered the Defendants to jointly pay Punitive Damages in the sum of N1, 000, 000.00 (One million Naira) as aggravated injuries caused by the reckless conducts of the Defendants.
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