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The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.

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Industrial Court Nullifies Dismissal of Oluvbo Iweze From Lagos State Civil Service Comm., Orders Re-Instatement, Payment of Entitlements From 2017 Till Date Within 60 Days


1188 Thursday 4th April 2019

 

Lagos –His Lordship, Hon. Justice Elizabeth Oji of the National Industrial Court of Nigeria, Sitting in Lagos on Monday 1st April 2019 voided and set aside letter of dismissal of Mrs. Oluvbo Adenike Iweze from the Lagos State Civil Service Commission by Teacher’s Establishment & Pensions Office, that the purported dismissal was done in violation of Section 36(1) of the 1999 Constitution as Amended and the Lagos State Public Service Rules.

 

The court ordered Attorney General Of Lagos State and three others as defendants to re-instate the Claimant to her Office and Position within the Post Primary Teaching Service of Lagos State and restore her to the position she would have been if the Letter dated 31st March, 2017 had not been served on her. 

 

The claimant on 17th July 2017 sought against defendant among others; A Declaration that the Dismissal of the Claimant by the 3rdDefendant from the Post Primary Teaching Service vide its Letter dated 31st March, 2017 with Ref: TEPO/ESTAB/GRP/2586/104 and captioned “Dismissal from Service”, is in violation of Section 36(1) of the 1999 Constitution as Amended and the Lagos State Public Service Rules (Revised 1st January, 2015) and as such invalid, null and void and of no effect whatsoever; An Order of the Honourable Court setting aside the 3rdDefendant’s Letter dated 31st March, 2017 with Ref: TEPO/ESTAB/GRP/2586/104 and captioned “Dismissal from Service”.

 

Likewise, A Declaration that the Claimant is still in lawful employment of the Post Primary Teaching Service of Lagos State since 31st March 2017.

 

The Claimant was a staff of the Ministry of Education having been employed in 1983 and confirmed on 10 January 1986.  The Claimant rose through the ranks to the post of Director, Salary Grade Level 17, with effect from 1 January 2011. 

 

On 6thApril 2017, the Claimant was given a Letter of dismissal with immediate effect on the grounds of Insubordination to Constituted Authority. Claimant alleged that the Defendants did not follow the steps as expressly provided in the Public Service Rules before she was dismissed, and as such, the actions of the 3rd and 4thDefendants are null and void.  

 

On the other hand, the Defendants contended that having discovered that the Claimant was involved in the falsification and replacement of the 2016 Basic Education Certificate Examination (BECE) result and due process was complied with in accordance with the Public Service Rules 2015, and that the Claimant’s dismissal from the Post Primary Teaching Service of Lagos State Government with effect from 31st March, 2017 was right.

 

Counsel for Defendants formulated for determination whether the Claimant committed an offence of serious misconduct punishable under chapter 4 of the Lagos State Public Service Rules 2015 among others. Defendants further submitted that Claimant’s deliberate refusal to respond to three invitations to the Personnel Management Board is an act of insubordination to constituted authority in accordance to Rule 040502 (xxvi) of the Public Service Rules 2015 and the penalty is dismissal from service. 

 

In opposition, Claimant argued that there is ample evidence, which was not challenged by the Defendants, that the Claimant in fact appeared before the Disciplinary Committee along with her Counsel on 9 September 2016, 15 November 2016 and 29 November 2016. Claimant submits that no allegation of swapping of results and falsification of results by the Claimant had been investigated and proved; and that the case of ‘insubordination’, alleged, was not proved and submitted that the procedure leading to her dismissal was not in line with the Public Service Rules

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Elizabeth Oji  held that Claimant was not dismissed on account of the disciplinary inquiry and further  expressed thus;

 

“I find, from a consideration of letter of dismissal that the Claimant was not dismissed on account of the disciplinary inquiry.  First, it does not state so on the face of the letter of dismissal; second, there is no evidence of the meeting where recommendation for the dismissal of the Claimant was made pursuant to the disciplinary procedures. 

 

“The Minutes of the meeting of 29th November 2016 is not before the Court.  It is not for the Court to assume or conjecture what might have happened at that meeting.  The effect is that there is no evidence of the conclusion of the disciplinary inquiry into the allegations against the Claimant.  There is no evidence of the recommendations made to the body with authority to convey the decision to the Claimant. 

 

"On the procedure as seen from the above, there is no further need to consider Claimants assertion that she was not given ample opportunity to defend the allegation.  It would mainly be academic. 

 

“Based on the findings already made, I therefore Declare that the Dismissal of the Claimant by the 3rdDefendant from the Post Primary Teaching Service vide its Letter dated 31st March, 2017 with Ref: TEPO/ESTAB/GRP/2586/104 and captioned “Dismissal from Service”, is in violation of Section 36(1) of the 1999 Constitution as Amended and the Lagos State Public Service Rules (Revised 1st January, 2015) and as such invalid, null and void and of no effect whatsoever.

 

“Founded on the above, I hereby Order and set aside the 3rdDefendant’s Letter dated 31st March, 2017 with Ref: TEPO/ESTAB/GRP/2586/104 and captioned “Dismissal from Service”.

 

“Being an employment with statutory flavour, and in view of the first three reliefs already granted, the Claimant is entitled to an order for reinstatement.  The Defendant is hereby ordered to re-instate the Claimant to her Office and Position within the Post Primary Teaching Service of Lagos State and further to restore her to the position she would have been if the Letter dated 31st March, 2017 had not been served on her.  This Order recognizes that Claimant would have retired on the 19 December 2018 and is to be placed in the position she would have legitimately been. 

 

The court further ordered Defendants to pay all entitlements of the Claimant from the date of the purported dismissal (i.e. 31st March, 2017) till date (consideration being duly had to her retirement) within 60 days.

 

Full Judgment, Click Here