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Kaduna – His Lordship, Hon. Justice Sinmisola Adeniyi of the National Industrial Court of Nigeria, sitting in Kaduna has dismissed the suit filed by Mrs. Mercy Adejoh against The National Teachers’ Institute Council seeking for payment of her unpaid salaries for the period she was away from office owing to her suspension and subsequent wrongful dismissal.
Justice Adeniyi held that the Court cannot grant an order against actions which are not judicial or quasi-judicial and the procedure adopted by the Applicant in initiating the suit is improper and incompetent.
By an Originating Summons filed on 17/08/2018, Mrs. Mercy Adejoh – Applicant sought against the respondent among others; An Order that the National Teachers’ Institute Council show cause why her decision not to pay the Applicant all her unpaid salaries for the period she was away from office owing to her suspension and subsequent wrongful dismissal from the service should not be set aside.
The Applicant obtained the judgment of this Honourable Court on the 25th May 2017, wherein the dismissal of the Applicant was declared wrongful and the Court ordered her reinstatement.
The contention of the Applicant is that the Respondent refused to approve her request for payment of all her unpaid salaries covering the period she was suspended and dismissed from her service.
Counsel to the Respondent, Oladipo Tolani Esq., raised a sole issue for determination Whether the Claimant having not sought any relief for the payment of her outstanding salaries and entitlement in the earlier Suit can by application for judicial review seek for an order for the payment of the sum of N4,815,792.24 or any sum at all as unpaid salaries for the period of her suspension and dismissal from office.
In arguing the application, Applicant’s counsel submitted that by the order of reinstatement made by the Court, the Applicant is entitled to all her salaries and allowances as natural consequence of the reinstatement as though she was never dismissed and that the order need not be specifically made by the Court.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Sinmisola Adeniyi expressed thus;
“Therefore, the Court will only interfere by way of order of certiorari where the decision of the inferior court or body is unreasonable; there is lack of or exceeded its jurisdiction; acted contrary to natural justice, or there is an error on the face of the record of such inferior Court or body.
“This Court cannot grant the order against actions which are not judicial or quasi-judicial. In other words, the remedies being sought by the Applicant in the instant case would be granted only where a legal authority having the duty to act judicially, act in excess of their legal authority. I so hold.
“Reviewing the Applicant’s case, there is no decision made by the Respondent to warrant the grant of the order.
“The procedure adopted by the Applicant in initiating this suit by Originating Summons is in my view improper and incompetent; the right being sought to be enforced was not conferred by a statute.
“In the circumstances of the present case, it is not difficult for the Court to find and hold that the present application is incompetent and lacking in merit.”
