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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 Orders Federal Civil Service Commission To Convert Ayorinde Obasa Dismissal To Retirement


1260 Friday 24th May 2019

 

 

Lagos –His Lordship, Hon. Justice Benedict Kanyip of the National Industrial Court of Nigeria, Lagos division has ordered Federal Civil Service Commission to convert the dismissal of Mr. Ayorinde Obasa to retirement with effect from 6th December 2012.

 

The court held that the fact of demolishing structures without approval from Head Office is the infraction of the claimant that is sustainable; and do not see it as sufficient to warrant the big stick, that the dismissal of the claimant be substituted with retirement as recommended by the Senior Staff Committee Federal Ministry of Power, Works, and Housing.

 

The claimant had commenced this action on 17th May 2013, sought against defendant among others for: An order setting aside the decision of the 2nd defendant acting on the recommendation of the investigative Panel set up by the 1st defendant and reinstating the claimant to his position as Assistant Director of Land.

 

Likewise, An order directing the 1st and 2nd defendants to pay the sum of N982,641.00 which is the salary he is entitled to during the period of interdiction from May 2012 - March 2013 at the rate of N89,331.00 per month, the sum of 2,679,930.00 being the salary the claimant is entitled to during the period of his dismissal till date from April 2013 - July 2014 at the rate of N178,662.00 per month and sum of N5 million as general damages for the trauma and the inconveniences suffered during the course of the claimant’s dismissal.

 

From fact, the claimant was in the employment of the Federal Ministry of Power, Works and Housing, recruited on 22nd May 1991 as a Land Officer, His appointment was confirmed and was variously promoted, rising through the ranks to the post of Assistant Director.

 

On 26th August 2011, he received a query alleged to have arbitrarily demolished one structure and the query was a product of the malicious and spurious allegations of fraud and nepotism in a petition written to the Presidency.

 

In reaction to the letter from the presidency, the ministry set up a disciplinary panel to look into the allegations in the petition, which led to a query being issued to the claimant. The claimant responded to the query.

 

The claimant stated that despite his response to the query, and an investigation by a panel’s sitting of the Director of Lands and Housing of the 1st defendant, the report held that the claimant should not be interdicted, and vide a letter dated 7/05/2012 wrongfully dismissed him.

 

That despite the report of the Economic and Financial Crimes Commission (EFCC) of no prima facie case of fraud against the claimant, the defendants remained adamant in refusing to rescind his dismissal.

 

The 2nd defendant’s- Federal Civil Service Commission submitted that Rule of the Public Service Rules 2008 made the act of the claimant gross misconduct, which is punishable with dismissal. Accordingly, that the claimant has failed to discharge the burden placed on him to prove his case; as such, the reliefs he seeks cannot be awarded in his favour that the fact that EFCC report absolved the claimant of fraudulent act, does not absolve him of administrative discipline.

 

In reply, the claimant submitted that his employment is statutory and does not hold at the pleasure of the Federal Government; As such, his employment can be terminated only in accordance with the relevant statute.

 

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Benedict Kanyip expressed thus;

 

“In my opinion, the objective conclusion that can be drawn from the totality of the information and presentations available in all the five (5) files is that Mr. Obasa did not usurp or fraudulently acquire the land of Mr. Emeka M. Anuri either by himself or through any other party, and therefore should not be interdicted.

 

“Incidentally, the report of the three-man panel is not dated; and not signed by Mrs. N. Kalu. As an undated document, it is worthless and so cannot be used by any court.

 

“From the evidence before the Court, the claimant was given all the opportunity to be heard; as such, the claimant’s claim that due process was not followed is not sustainable. I so find and hold.

 

“The SSC despite concluding that the claimant’s act amounted to gross misconduct, which attracts dismissal from service, however, recommended that the claimant should instead be retired on the compassionate ground with effect from 9th February 2012 being the date of the SSC meeting where the decision was taken.

 

“Since the fact of demolishing structures without approval from Head Office is the infraction of the claimant that is sustainable, I do not see it as sufficient to warrant the big stick of dismissal. The dismissal of the claimant shall accordingly be substituted with retirement as recommended by the SSC with effect from 6th December 2012, the date the dismissal was by Exhibit C17 said to take effect from. I so hold."

 

On the whole, the court ordered that claimant’s case succeeds only in terms of his dismissal being converted to retirement with effect from 6th December 2012.

 

 Full Judgment, Click Here