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Owerri –His Lordship, Hon. Justice O. O. Arowosegbe of the National Industrial Court of Nigeria, Owerri, Imo State Judicial division on Wednesday 21st February 2019 in a judgment delivered, set aside termination of appointment of Osuh Sampson (claimant) for being illegal and unlawful, ordered reinstatement to his position as Senior Security Officer in the Security Department of the Abia State University (defendant).
The court held inter alia that the position taken by the learned counsel to the defendant is wrong in the extreme and cannot be supported by logic, reason, employment custom and practice, and the law.
The claimant sought against defendant among others; A Declaration that the Defendant’s termination of the Appointment of the Claimant as Senior Security Officer in the Security Department of the defendant vide the letter dated 28th June 2016 is illegal and unlawful.
An Order reinstating the claimant to his said position as Senior Security Officer in the Security Department of the Abia State University.
Likewise, An Order on the defendant to pay over to the Claimant all the entitlements due to him by virtue of his said position including all salaries and allowances owed him from the said 28th day of June 2016.
The claimant was a staff of the defendant having been employed in its Security Department dated 23rd August 1989, and was promoted to the rank of Senior Security Officer 20th January 2012 and that; it was on this rank that the defendant terminated his appointment by a letter dated 28th June 2016 after serving for 24 yrs.
The claimant said by virtue of his rank as Senior Security Officer, he was a senior staff of the defendant and governed by the “Regulations Governing Conditions of Service of Senior Staff RGCSSS approved by the University Council.
The claimant said at no time he committed any misconduct and neither invited to any disciplinary committee on any allegation; and that, he was not given fair hearing before his appointment was determined, contrary to the RGCSSS and section 36 of the 1999 Constitution.
The claimant stated that he protested the termination by a letter to the Vice-Chancellor dated 21st July 2016 and that, the defendant refused to reply the said letter.
The defendant stated that the reckless conduct of the claimant as security officer led to the breach of security, and wanton destructions of lives and properties in the University, and the defendant set up a Committee to investigate pursuant to Abia State University Law and the RGCSSS.
The defendant said witnesses, including the claimant, were called to the meetings of the Committee, which sat in the open and the Committee found the claimant guilty of monumental failure and inability to discharge the functions of his office, that the termination of the claimant was lawful and in accordance with the laws.
The learned counsel opined that since the letter of appointment issued the claimant clearly provided for termination by either party by issuance of notice or payment in lieu thereof, that the employment was not clothed with statutory flavour.
The claimant argued that his employment is governed by the RGCSSS; and that, the provisions of the said RGCSSS have statutory flavour, which made termination not in accordance, unlawful.
Replying on points of law, the defendant counsel argued that, the arguments of the learned counsel to the claimant that, because the claimant was promoted to the rank of senior staff, he became subjected to the RGCSSS could not hold, unless the claimant signed another letter of appointment, the initial letter by which he was employed to the junior cadre continues to govern his employment.
After careful evaluation of all the processes filed, adumbration and the submissions of the learned Counsel from both parties, the Court presided by Hon. Justice O. O. Arowosegbe expressed thus;
“The reliance placed on the letter of appointment, to argue that the conditions of service for junior staff are the applicable conditions of service for senior staff at the same time, even though, there are separate conditions of service for senior staff, simply because another letter was not issued at the point of promotion to senior staff, is totally incongruous and self-conflicting.
“The argument of counsel to the defendant would amount to saying you are promoted but continued to enjoy only the perquisites of the rank from which you have been promoted but takes on the burdens of the new rank attained – that is, promotion is all about punishment totally devoid of incentives.
“Having arrived at this juncture, I have no hesitation in holding that, the applicable conditions of service to the employment in issue are the ones contained in the RGCSSS.
“I cannot find any semblance of what is attributed to section 5(1) & (2) when I read and construed it. Even if this section gives the University the power to set up the Committee, it does not excuse it from following the prescribed method by which appointment of a senior staff could be terminated as spelt out in the RGCSSS.”
The court declared that the defendant’s termination of the appointment of the claimant as Senior Security Officer in the Security Department of the defendant vide the letter dated 28th June 2016 illegal, and unlawful.
His Lordship set aside termination of appointment for being illegal and unlawful, ordered claimant be reinstated to his said position as Senior Security Officer in the Security Department of the Abia State University.
Justice Arowosegbe also ordered the defendant to pay Claimant all the entitlements due to him by virtue of his said position including all salaries and allowances owed him from the said 28th day of June 2016 till compliance with this judgment and the sum of 100,000 cost of action within 30 days.
