Kaduna---The Presiding Judge, Kaduna Judicial division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has dismissed the matter filed by Maryam against Kaduna State Judicial Service Commission and two others for lacking merit.
The Court held that the Claimant has not established a clear case of wrongful termination of her appointment and the penalty for serious misconduct by the Public Service Rules is dismissal.
The Claimant was offered temporary appointment by the JUDICIAL SERVICE COMMISSION OF KADUNA STATE as a Senior Typist Grade 1, Secret Registry in the High Court of Justice, Kaduna State and her appointment was subsequently made pensionable on 04/02/2004 She contended that the Chief Registrar of the Kaduna State Judiciary issued her a query on 22/08/2017 and that her appointment was later terminated by a letter dated 28/08/2017.
She alleged that due process was not followed that only the Kaduna State Judicial Service Commission can validly determine her appointment and the Commission did not sit to decide or approve the termination of her appointment that the purported letter of termination issued by the Chief Registrar is illegal, null and void and therefore of no legal consequences.
The Defendants maintained that the Claimant’s employment is not amongst the categories of members of staff of the 1st Defendant that requires the decision or approval of the 1st Defendant for the termination of her appointment that due process was followed in terminating the Claimant’s appointment that the Claimant refused, neglected and/or failed to respond to the query and that consequently her appointment was terminated for act of serious misconduct in accordance with the Public Service Rules.
Delivering the Judgment, the presiding Judge, Hon. Justice Sinmisola Adeniyi held that the Claimant’s employment did not enjoy statutory flavour, that the contractual relationship between the Claimant and the 1st Defendant is a master and servant relationship.
“Flowing from a proper evaluation and analysis of the documentary and oral evidence led at the trial, as undertaken in the foregoing, my finding is that the Defendants followed the laid down procedure in the Public Service Rules and they were not in contravention of the terms of the letter of appointment, and therefore the termination of the Claimant vide letter of termination of appointment is valid and not wrongful. I so hold." Justice Adeniyi ruled.