Media
- Home
- Details
Enugu --His Lordship, Hon. Justice I. G. Nweneka of the National Industrial Court of Nigeria, sitting in Enugu on Wednesday 17th October 2018 in a judgement dismissed suit filed by ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA (claimant) against THE GOVERNMENT OF EDO STATE and 4 Others (defendants) for lacking merit.
By a Complaint dated and filed on 18th March 2014, the Claimant claimed against the Defendants jointly and severally among others: A declaration that the Defendants have no power and authority under the law to suspend, terminate, dismiss and or remove the name of any of the Claimant’s member or members in the Edo State Civil Service, from the monthly pay-roll of the Defendants on the ground of either non production of their First School Leaving Certificate [Primary School Leaving Certificate] and Kindergarten Certificate or that same was obtained by the member before he or she attained the age of ten [10] at the screening exercise carried out on or about December 2014.
A declaration stopping the Defendants from further screening the Claimant’s members in Edo State on the basis of their First School Leaving Certificate [Primary School Leaving Certificate] and Kindergarten Certificate which were not requirement for the contract of employment between the Claimant’s members in Edo State and the Defendants.
Likewise, An order of perpetual injunction restraining the Defendants jointly and severally by themselves, servants, agents or privies from unilaterally dismissing, terminating, suspending or in any other manner truncating the contract of employment of any of the Claimant’s members in Edo State before his or her official retirement date without complying with the extant Civil Service Rules of Edo State.
The Claimant’s case is that sometime in December 2013, the Defendants directed its members in Edo State to take part in a screening exercise to show their kindergarten and primary school leaving certificates to determine their eligibility in Edo State Civil Service. The Claimant’s members protested the directive on the ground that it was intended to be used to retire them prematurely. On 14th February 2014, the Defendants released a list containing names of some of the Claimant’s members whom the Claimant feared may be retired hence this action.
On their part, the Defendants stated that in December 2013 the 1st Defendant directed all workers in the State to take part in a screening undertaken by the 5th Defendant for the purpose of creating a database of all civil servants in the State. The workers were required to produce their credentials including primary school leaving certificate, birth certificate and record of service. It is the Defendants’ case that the workers including members of the Claimant willingly participated in the exercise.
On 4th February 2014, the Defendants displayed a list of workers with discrepancies in their data to enable them rectify it and not as a means of disengaging them from service. The exercise has been concluded and no staff was disengaged.
Learned Counsel for the Defendants argued that the Claimant has failed to prove that about 45% of its members in the employment of the Defendants have been penciled down for suspension, termination and or dismissal by removing their names from the pay-roll because of non-production of their Primary Six Leaving Certificate or Kindergarten certificate and referred to sections 131 and 132 of the Evidence Act 2011.
After reviewing the argument of both parties, the Court Presided by Hon. Justice I. G. Nweneka expressed thus;
“In the circumstance, I find and hold that the Claimant has not proved that the Defendants’ publication on 4th February 2014 was targeted at its members and was a prelude to their disengagement from the service of the 1st Defendant.
“There is nothing before me showing that the Claimant has a legal right to be protected by an order of injunction. This Court is not a charitable organization or Father Christmas which distributes largesse to all and sundry. This relief also fails and it is dismissed.
“On the whole, this suit fails in its entirety and it is hereby dismissed. There shall be no order as to costs. Judgment is entered accordingly.” His Lordship declared.
