The Presiding Judge, Jos Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Kenneth Amadi has nullified the purported employment termination of Deputy Bursar Mohammed Abubakar from Federal University Kashere Bauchi, ordered reinstatement with payment of Salaries from 1st November 2016 till date.
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The Court held that the institution non-compliance with the Federal University Kashere (Establishment) Act, 2015 is a denial of fair hearing which renders the termination of the claimant’s appointment a nullity.
From facts, the Claimant – Mohammed Abubakar had stated that he appeared before the Fact-Finding Committee of the Federal Ministry of Education and answered questions put to him but was not afforded the same right of fair hearing by the university before his appointment termination.
Under cross-examination, the Univeristy witness submitted that the invitation letter to the Claimant to appear before the committee is before the court and was given a fair hearing and that from letter of termination, the claimant was informed of what happened at the council but he was not there.
Counsel to the institution, H.B. Ghide Esq submitted that the proper party to be sued ought to be the Federal Ministry of Education since the basis of the Claimant’s contention is borne out of the recommendation and directives of the Federal Ministry of Education that should have been sued and not the Defendant.
Counsel further maintained that the Mohammed claim against the University is an abuse of court process and is a suit filed for mere academic exercise, urged the Court dismiss the suit in its entirety and award at least Five Hundred Thousand Naira cost against the claimant
In opposition, claimant’s Counsel Habu Abdu Esq. submitted that clear and unambiguous directive of the Federal Ministry of Education of 6th December 2016 came after the Defendants have terminated the Claimant’s appointment urged to Court to hold that letter of termination issued by the University was not made in obedience to the directives of the Federal Ministry of Education.
Delivering judgment, the trial Judge, Justice Amadi held that non-joinder of a party does not invalidate a valid suit disagreed with the submission of the defendants on non-joinder of Federal Ministry of Education.
“…the instruction of the Federal Ministry of Education to the defendants to sanction the claimant cannot approximate to an immediate order to terminate his appointment. Rather, it is an order to activate the processes for disciplining the claimant as is statutorily provided.
“In any case, the non-compliance with the provision of Section 17(1) of the Federal University Kashere (Establishment) Act, 2015 is a denial of fair hearing which renders the termination of the claimant’s appointment in case a nullity, I so hold.
The Court declined other reliefs sought by the claimant’s for lacking merit.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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