Akure --His Lordship, Hon. Justice O. O.Oyewumi of the National Industrial Court of Nigeria, Akure Judicial Division on Tuesday 27th November 2018 in a judgment delivered, declared as Wrongful and set aside letter of dismissal dated 14th of February, 2014 terminating the employment of OFEIMUN GODWIN (claimant) by UNIVERSITY OF BENIN, BENIN CITY, NIGERIA (defendants) over an unproven allegation of Wild Spread Corruption and Evil Practices in Uniben Guest House. The Court also ordered defendant to pay claimant one month salary as damages as well as his accrued pension and gratuity within 30-days and declined reinstatement.
The claimant sought against the defendants jointly and severally among others; A Declaration that the summary dismissal of the claimant from the services/employment of the defendants through their letter dated 14th February 2014 on allegation of Wild Spread Corruption and Evil Practices in Uniben Guest House is unlawful, illegal, unconstitutional and of no effect. A Declaration that the claimant is still a staff of the defendants and therefore entitled to all remuneration, allowance, and promotion.
Likewise, An Order directing the defendants to reinstate the claimant to his position forthwith.
It is the claimant’s case that he was employed on probation 29th August 2002 and his employment was confirmed on the 9th January 2006. He stated that he rose through the ranks over the years and earned his promotion on the 9th January 2006 to the position of a Senior Auditor Grade Level 07 Step 4 on the annual salary of Two Hundred and Eighty-Two Thousand and Six Naira (N282,006.00). That he was invited to appear before an Investigating Committee constituted by the defendants to investigate an alleged anonymous petition.
He stated further that he was neither served with a copy of the said petition nor was given adequate time and facilities to prepare for his defence nor the content of the said petition read over to him.
That pursuant to the said letter of invitation, he appeared and was neither asked questions accusing him of any wrong of engaging in any financial embezzlement and the alleged issues of Corruption and Evil Practices rather he was subjected to series of question among which included his schedule of duty.
He pleaded that he was served a letter of dismissal dated 14th February 2014. That he appealed to the Vice Chancellor of the 1st Defendant through the Chairman of the 3rd Defendant to exhaust the internal mechanism on the rules governing his employment, but the Defendants refused to listen to him.
It was his contention that the defendants have no right in law to summarily dismiss him from their services in an allegation of crime without proper investigation as such allegation requires the investigation by the Police which is vested with authority to do so.
The defendant averred that claimant letter of appeal to the Vice Chancellor, was found to be lacking in merit and that the allegation of financial mismanagement leveled against the claimant were quite weighty and same were substantiated through the various oral and documentary evidence as contained in the investigating committee report.
In the final written address, learned defence counsel submitted that the totality of all the contract documents tendered before the Court establish that the contract of the claimant with the defendant is that of master and servant not covered by statutory rules.
They stated that the actions taken by them were in tandem with the relevant laws and in particular the conditions of service of the claimant’s employment, that the employer was justified in exercising its power as enshrined in the contract, the Court was therefore urged to so hold.
It is the contention of the learned Claimant’s counsel that the illegal dismissal of the claimant without following the provisions of condition of service makes the dismissal null and void, he also submitted further that the Court is enjoined to apply the provisions regulating the employer and employee or master and servant to the letters because dismissal is an impunity action against an employee.
After reviewing the argument of both parties, the Court Presided by Hon. Justice O. O. Oyewumi expressed thus;
“It is apparent on record and admitted by the parties on record that the employment relationship between the claimant and the 3rd defendant is one of master and servant relationship.
“It is clear to me by the letter of invitation that the claimant was never told of any infraction before his appearance at the committee.
“It is evident at page 21 of the report that the claimant was questioned on his schedule of work. I do not find any document on record to show that the claimant was duly notified of the allegation levied against him; the details of the allegation were not also stated.
“I find from the record before me as well as the evidence of the witnesses in this case that the defendants have failed woefully to prove the reason for which the claimant was dismissed and also failed to follow the procedure laid down in the condition of service and the staff handbook.
“Consequent upon which I find that the dismissal of the claimant from the services/employment of the defendants through their letter dated 14th February 2014 on an unproven allegation of Wild Spread Corruption and Evil Practices in Uniben Guest House is wrongful. I so find and hold.
The Court stated that the claimant's employment is deemed terminated by the defendant on the 14th of February, 2014, ordered defendants to pay claimant one month salary as damages as well as his accrued pension and gratuity within 30-days.
