The Presiding Judge, National Industrial Court of Nigeria sitting in Kaduna, His Lordship Hon. Justice Sinmisola Adeniyi has dismissed the case filed by Engr Moses Abarshi against Ahmadu Bello University for lacking merit.
The court held that allegation of Engr Abarshi on violation of his right to fair hearing and non-compliance with the due process was unfounded.
In summary, the Claimant's was dismissed after his appearance before the Senior Staff Disciplinary Committee, the Committee concluded its proceedings and made its finding to the Council.
The claimant alleged that the Council did not give him the opportunity to present his defence and his right to fair hearing was violated and also that the Council did not follow the procedure for discipline (dismissal) of its members of staff as stipulated by the Statute and the Regulations of the Institution.
In opposition, the Defendants contended that due process was observed in dismissing the Claimant from its services that the Claimant failed to tender evidence regulating his contract of employment urged the court to dismiss the case.
The learned counsel for the Claimant argued that failure of the Defendant to tender the report of the Committee is fatal to the Defendants' case urged the court to grant his relief.
Delivering the judgment, the trial Judge, Justice Adeniyi held that the duty to prove the wrongfulness or nullity of the summary dismissal rests with the Claimant, not the Defendant that No amount of brilliance in a final address can make up for lack of evidence.
"The Conditions of Appointment of Senior Staff Regulations states the procedures for disciplinary actions of the 1st Defendant. It is a very vital document to prove in what manner the Defendants breached the terms of the Claimant's employment.
"I am of the view that without placing the Senior Staff Conditions of Service of the 1st Defendant before the Court, the Claimant's testimony challenging the qualification of the members of Senior Staff Disciplinary Committee, the violation his right to fair hearing and the allegation that the Defendant did not comply with due process is unfounded and is lacking in merit. I so hold." Justice Adeniyi Ruled.
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