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Kaduna---The Presiding Judge, National Industrial Court Kaduna division, His Lordship, Hon. Justice Simisola Adeniyi has nullified the appointment termination of Alh. Mu’azu Aliyu by Kaduna State Transport Regulatory Authority, ordered immediate reinstatement and payment of outstanding wages, salaries, allowances and other emoluments accruing to him from the date of the unlawful dismissal till date within 30 days.
The court held that “Services are no longer required” is not one of the reasons provided for by Regulations for the removal of the Claimant since his employment was not guided by master/several relationship.
The Claimant was employed in 2006 and rose to the position of Director of Administration. The Claimant contended that his appointment was unlawfully terminated by the Defendants in April 2017; that he was not up to fifty – five (55) years when his appointment was terminated; and that the Defendants did not serve him with the six months’ retirement notice as required by the Kaduna State Transport Authority (Staff) Regulations, 1978.
Being aggrieved by the actions of the Defendants, the claimant via Originating Summons raised issue for the determination Whether the letter of termination of appointment dated the 24th day of April 2017 and signed by one Hon. Mohammed Bello Shuaibu could be said to be valid in view of the fact that there is no such recognizable ground (i.e. structural reorganization) contained in the letter of termination of appointment as required by the Kaduna State Transport Authority (Staff) Regulations, 1978.”
In opposition, The Defendants filed a Notice of Preliminary Objection sought for an order to strike out the suit on the ground that the matter is statute barred having been instituted outside the three (3) months allowed by the Public Officer Protection Law.
Also in their counter affidavit, the defendants stated that due to the restructuring and reorganization of the 1st Defendant, a new law establishing new structure was promulgated and some of its personnel including the Claimant were retired.
Delivering the judgment, the presiding Judge, Justice Simisola Adeniyi held that the contention by learned counsel for the Defendants that the suit is incompetent on the ground that of statute-barred no longer represent the correct legal position. The objection was overruled and dismissed.
“With due respect, I do not think that the Claimant can be removed from office outside the ambit of Section 78 of the Staff Regulations. “Services are no longer required” is not one of the reasons provided for by Regulations for the removal of the Claimant since his employment was not guided by master/several relationship.
“In other words, the Defendants have no powers under the Staff Regulations to backdate the termination of the appointment of Claimant “with effect from the date he was deployed to the Office of the Head of Service”. Justice Adeniyi ruled.
The court declared the letter of termination of appointment dated 24/04/2017 signed by one Hon. Bello Shuaibu as illegal, unlawful, null and void and of no effect whatsoever, and ordered that Claimant shall be reinstated forthwith to the employment of the 1st Defendant.
Finally, Justice Adeniyi ordered defendant to pay Claimant all his outstanding wages, salaries, allowances and other emoluments accruing to him from the date of the unlawful dismissal till the date within 30 days.
