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Lokoja – His Lordship, Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, sitting in Lokoja, on Wednesday 10th April 2019 has nullified the purported retirement of Mrs. Ladi Alice Dogwo by the Kogi State government, ordered immediate reinstatement as a Director with payment of her entitlement, salaries and allowances from the date of her purported retirement till date.
The court held that the retirement of the claimant was contrary to the extant Public Service Rule, therefore, null and void and of no effect.
In summary, the claimant commenced this suit via general form of complaint dated the 27th day of April 2018 sought against defendants among others; A DECLARATION that the retirement of the Claimant from the service of Kogi State as communicated in the letter of 9th January 2018 is unlawful, null and void. The sum of N1, 656,129.30being the sum owed the Claimant by the 1stDefendant as at 7th February 2018 when her purported termination was communicated to her.
Likewise, the sum of N10,OOO,OOO.00 (ten million naira) as damages for hardship suffered by the Claimant throughout the period of the unlawful termination of her permanent and pensionable appointment with the Kogi State Government.
In her testimony, the claimant started her career in 1986 with the old Benue state. Her appointment was confirmed in 1988. With the creation of Kogi State on 27th August 1991, she was deployed to Kogi State on Grade Level 10/5 on 7th October 1991 and rose to become Director in 2007.
The claimant stated that as she would be ordinarily due for retirement on the 6th October 2021. That the reason advanced by the said letter of retirement dated 9th January 2018 that her "services to the Civil/Public Service of the State are no longer required by the State Government" is not tenable as the Office of Director of Accounts in the Office of the Accountant General of Kogi State where she worked still in existence.
The defendants called a sole witness that during the conduct of the screening, it was discovered that a large number of the Civil Servants have been on the post of Director at their respective Ministry or Offices for over Eight years and counting in contravention of the Public Service Rules 2008 revised edition as applicable to Kogi State.
That all the persons or former employees of the Kogi state government (1st defendant) who suffered the same fate with the claimant are being processed for payment of their retirement benefits, that the claimant retirement benefit will be paid as soon as all the documentation processes are concluded.
The counsel for the defendants asked whether or not the claimant's retirement based on the Public Service Rules 2008 as applicable to Kogi State could be said to be unlawful, null and void.
The claimant counsel opined that the employment of the Claimant with the Defendants being one with statutory flavour cannot be terminated in this case by premature retirement except by complying strictly with the provisions of 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 Sanusi Kado expressed thus;
“In the case at hand, the defendants having stated the reason for retiring the claimant in the letter of retirement, they are duty-bound to stick to the reason.
“Having shown that there is no scintilla of evidence adduced by the defendants to establish that the claimant was retired from service on the ground of her services not required as required by the Chapter 2 Section 8 of the Public Service Rules, 2008.
“The retirement of the claimant was contrary to the extant Public Service Rule, therefore it is null and void and of no effect.
“The defendants were wrong in applying the tenure policy rule to the claimant as per letter of purported retirement dated 9th January 2018 vide the circular of 20th January 2016, the tenure policy rule was put in abeyance. Therefore, it cannot be relied upon to retire the claimant compulsorily or any other public servant.
The court ordered that claimant be reinstated with immediate effect back to the Civil Service of the Kogi State Government as a Director with all her entitlement, and payment of all her salaries and allowances from the date of her purported retirement to date and subsequently thereafter until she retired from service in accordance with the condition of service.
