[Flash] Industrial Court Authenticates Dismissal Of Kenneth Ugiagbe From Edo State Civil Service

• 2184 Tuesday 30th November -0001

 

Akure – His Lordship, Hon. Justice Adunola Adewemimo of the National Industrial Court of Nigeria, sitting in Akure has validated the dismissal of Kenneth Ugiagbe from the Edo State Civil Service, ordered payment of unpaid salaries arrears from 26^th October 2016 to 17^th May 2017 within 60 days.

 

The court held that the provisions of a statute governing the employment relationship were duly followed, and fair hearing was afforded to the claimant.

 

The Claimant by a Complaint filed 15^th August 2017 sought against the Defendants among others; A DECLARATION that the indefinite suspension without pay of the Claimant by the 4^th Defendant and subsequent dismissal of Claimant vide letter dated 17^th May 2017 from Edo State Civil Service by the 4^thDefendant constitutes/constituted an unfair dismissal without any factual basis at all and as a result wrongful, unlawful, unconstitutional, illegal and invalid. AN ORDER setting aside the letter of dismissal dated 17^th May 2017 which was issued to the claimant by the 4^thDefendant purportedly on behalf of EDO STATE CIVIL SERVICE COMMISSION 2^ndDefendant.

 

Likewise, AN ORDER OF PAYMENT OF COMPENSATION, AGGRAVATED AND EXEMPLARY DAMAGES in the sum of N400,000,000.00 (Four Hundred Million Naira) jointly and severally against the defendants for their actions of the wrongful dismissal of the Claimant with the resultant injustice against him, his wife, 5 young children and for the financial difficulty Claimant and his family has so far suffered.

 

The Claimant was a staff of the Ministry of Justice under the Edo State Civil Service before dismissal, the claimant averred that in September 2016 he heard rumors that a petition had been written against him and waited patiently in the hope that he will be notified but the 4^th Defendant forwarded the petition to the DSS for investigation.

 

The Claimant averred that after he was released, he was issued a query upon the directive of the 4^th defendant to which he was to respond within 24 hours and that notwithstanding the fact that the time given to him had not expired, the defendant went ahead to suspend him indefinitely without pay.

 

According to the claimant, the 4^th defendant later constituted a Disciplinary Committee on the issue and dismissal letter was issued and signed on the 17^th of May, 2017, but was made to have retrospective effect from the 26^th day of October, 2016 the day he was suspended.

 

The claimant averred that being a GL 10 officer, the 4^th defendant does not have the power to suspend him from office indefinitely without pay under the Edo State Civil Service Rules.

 

He also alleged that the Defendants was biased against him and his right to fair hearing was infringed.

 

The defendants filed their Joint Statement of Defence and averred that the claimant’s suspension and dismissal from the employment of Edo State Civil Service Commission were done in compliance with the Civil Service Rules and Regulations.

 

The claimant in his Reply averred that the disciplinary committee never at any time recommended his dismissal but it was the 4^th defendant that re-wrote the report and recommended that he should be dismissed from the service.

 

Counsel to the defendant submitted that the claimant’s submission that the 4^th Defendant had no power to issue him with a query or suspend him is far from the provisions of Rules and Regulations of the Civil Service Rules that the State Civil Service Commission delegated full disciplinary powers to the Permanent Secretaries/Heads of Extra-Ministerial Departments in respect of Officers on salary grade level 01 – 13.

 

He pointed out that the claimant under cross-examination admitted the allegations and these acts constituted serious misconduct. 

 

Finally, claimant submitted that by the Edo State Civil Service Rules, all disciplinary procedures MUST commence and be completed within a period of 60 days except where it involves a criminal case that it took over 210 days well in excess of the 60 days mandatorily provided by law and in contravention of the civil service rules.

 

He, therefore, urged the court to set aside the dismissal and grant all the reliefs of the claimant in this case.

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Adunola Adewemimo held that exceeding the time limit for disciplinary proceedings is not enough to render such proceedings a nullity.

 

“It is right to say that where the provisions of a statute governing the employment relationship are duly followed, it will be held that fair hearing was afforded to the claimant.

 

“I find that the 4^th Defendant retains the power to suspend the claimant but this must be in accordance with the statutory provisions guiding the employment, the issue of exceeding the time limit for the disciplinary process, thus elongating the suspension of the claimant while his salary remained unpaid is unconscionable”

 

The court held that the Defendants complied with the statutory provision of the civil service rules of Edo State, 2006, in the setting up of the Disciplinary Committee to investigate the claimant, that the consequent dismissal of the claimant is lawful.

 

In all, his lordship upheld the dismissal of the Claimant from the Edo State Civil Service with 17^th May 2017 as the effective date.

 

The court ordered defendants to pay claimant salaries arrears from 26^th October 2016 to 17^th May 2017 within 60 days.

 

Full Judgment, Click Here

 

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