Media
- Home
- Details
Abuja – His Lordship, Hon. Justice Z. M. Bashir of the National Industrial Court of Nigeria, sitting in Abuja, on Monday 28th January 2019 in a judgment declared the membership of Comrade Patrick lgwe and Comrade Bulama Modu Fantami of the Staff Reorganization Committee and Staff and Establishment Committee, being investigative and disciplinary committees respectively, as a violation of the Comrade Razaq Lawal (Applicant’s) fundamental right to fair hearing as guaranteed under section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), therefore unconstitutional, unlawful, illegal, null and void and the interdiction/suspension letter dated 21st January, 2016 or otherwise howsoever are to that extent of no effect.
The court awarded damages in the sum of N500,000 (five Hundred Thousand Naira) for the violation of Applicant’s fundamental right to fair hearing to be paid within 30 days.
The applicant filed an originating summons filed on the 27th January 2016, which in actual fact was a motion on notice. The motions sought against the respondent among others; A DECLARATION that the failure of Offune led Committee (Staff Screening/Verification Committee). Staff Reorganization Committee. National Executive Council (NEC) and the Staff and Establishment Committee being bodies set up by the 1stRespondent and/or 1st Respondents organ(s) to hear the Applicant in the course of their investigation, deliberation, consideration, verification and screening violates the Applicant’s fundamental right to fair hearing as guaranteed under section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and is therefore unconstitutional, unlawful, illegal, null and void.
AN ORDER of this Honourable Court setting aside the entire proceedings, decisions, deliberations, studies, detection, reports, query, recommendations, result, disciplinary action and/or interdiction/suspension letter dated 21st January, 2016 for being unconstitutional, unlawful, illegal, null and void and of no effect whatsoever.
Likewise, Damages in the sum of N5, 000, 000. 00 (Five Million Naira) only for intimidation, harassment, oppression and careless violation of Applicant’s fundamental rights.
Arising from the affidavit and further affidavit of the Applicant, the Applicant as an employee of the 1st Respondent on the 5th of January 2013 signed the letter of employment of one Onime Olore Margaret on behalf of Comrade Joshua Irapakob (3rd Respondent).
In the same year, there was the setting up of the Offune Committee as a fact finding Committee to screen/verify Nigerian Union of Local Government (1st Respondent) staff Certificate. The claimant claimed to hear of the Committee on 31st August 2015 for the first time at the National Executive Council (NEC) Meeting. The Committee screened the said Onime Olore Margaret and raised issues in respect of the claimant signing of her letter of employment.
The Staff Reorganization Committee, based on the findings of Offune Committee recommended that the Applicant be suspended indefinitely without pay. He maintained that the Committee never invited him on how or why he signed the said letter of employment. The claimant then received a query issued on behalf of the Staff and Establishment Committee which required him to answer as to why disciplinary action should not be taken against him in respect of the employment of Onime Olore Margaret. He responded to the query and posited that the haste with which the Respondent required him to respond to the query was worrisome without giving him adequate time to defend himself from the criminal allegation and same has affected his state of mind and therefore a breach of his right to fair hearing which has also opened him to harsh treatment by his employer and causing him high degree of trauma.
In reaction, the position of the Respondents is that the Offune Committee is a fact finding Committee. The Respondents posited that the Applicant was sent a text message on the 20th of January, 2016 to appear before the Staff and establishment Committee on the 21st of January 2016 but he refused/neglected to appear before the Committee consequent upon which a Notice of interdiction/suspension dated 21st January, 2016 was served on him and a copy was endorsed and accepted by the Applicant on the 2nd of February, 2016.
Counsel urged the court to hold that the Applicant was not denied opportunity to be heard but accorded a fair hearing which he chose to abandon and headed for the court after putting up appearance.
Counsel concluded by urging the court to dismiss the application as it is baseless and unfounded.
After careful analysis of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Z. M. Bashir expressed thus;
“Sending a text message to the Applicant on the 20th of January 2016, to appear on 21st January, 2016 at 10:00am with necessary document and witnesses is considered to be inadequate and I so hold.
“Having said that, I am not unmindful of the fact that another invitation was given to the Applicant dated 21st January, 2016 to appear before the same Establishment Committee on the 3rd of February, 2016. That is about 13 days’ notice which I consider adequate, however, this invitation is a medicine after death in view of the fact that the Applicant had already been suspended. His attendance before the Committee was also inconsequential since it was merely to ask the Applicant if he had complied with his suspension which required him to handover the properties of the 1st Respondent.
“Consequently, the Applicant has established that indeed, his fundamental right to fair hearing was breached in view of the interdiction/suspension meted out to him without adequate opportunity to be heard.
“The Applicant has not placed any cogent, credible and convincing evidence before the court to prove that he was subjected to torture, inhuman or degrading treatment.
“Consequent upon the above authorities and upon a consideration of the entire facts of this case, particularly in view of failure to establish the breach of the right to freedom from torture, inhuman or degrading treatment, relief six is granted to effect that this courts grant damages in the sum of N500,000 (five Hundred Thousand Naira) for the violation of Applicant’s fundamental right to fair hearing to be paid within 30 days from the date of delivery of this judgment.”
The court also declared among others that the membership of Comrade Patrick lgwe and Comrade Bulama Modu Fantami of the Staff Reorganization Committee and Staff and Establishment Committee, being investigative and disciplinary committees respectively, is a violation of the Applicant’s fundamental right to fair hearing as guaranteed under section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and is therefore unconstitutional, unlawful, illegal, null and void and the interdiction/suspension letter dated 21st January, 2016 or otherwise howsoever are to that extent of no effect.
Click Here To Read Full Judgment
