The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has set aside the purported employment termination of Deputy Registrar (Academic Affairs) Kaduna State University, Mr Obadiah Joshua from service, declared same as unlawful, null, void and of no effect whatsoever, ordered reinstatement and payment of salaries and allowances from 2017 till date within 30 days.
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The Court held that Kaduna State University violated the procedure for the termination of Joshuah’s appointment as provided in the University Staff Conditions of Service.
The Claimant – Joshuah had opined that the purported termination of his appointment was in breach of the process and procedure as stipulated by the Kaduna State University Law and Staff Conditions of Service, that it is only the Governing Council of the Institution that is vested with the power to discipline and terminate his appointment.
In defence, the Defendants – KASU and 2 others submitted that the Committee established a case of misconduct against the Claimant and afforded him adequate opportunities to defend himself, and the further testified that the termination of the Claimant’s appointment was in accordance with the University Law and Regulations.
Learned Claimant’s counsel further argued that the Committee which submitted the report by which the Claimant’s appointment was purportedly terminated was not composed to investigate the Claimant by the terms of reference of the Committee, and further that the invitation letters for the Claimant to attend the Committee’s sittings did not specifically give notice or state the reasons for the allegations for which the Claimant’s appointment was terminated.
Delivering judgment, the trial Judge, Justice Adeniyi held that Defendants did not strictly and fully comply with the provisions of the Kaduna State University Law in terminating the claimant’s appointment; that the Defendants did not give him notice of the allegations upon which his appointment was terminated.
“My findings from the sum of the evidence on record are that the Claimant was not given the opportunity of making representation in person on the offences he was alleged to have committed and the Defendants violated the provision of Section 20 of the Defendant’s Law.
“It is imperative to further state that the disciplinary measure for negligence under Section 15 (2) of the Conditions of Service is warning of the person and does not include termination of appointment.
“It is glaringly clear that the Defendants blatantly violated the procedure for the termination of appointment provided in Section 20 of the Law (supra) applicable to the Claimant in terminating his appointment.
“Having held that the Defendants did not strictly and fully comply with the provisions of the Kaduna University Law, the purported termination of the Claimant is hereby set aside as same is unlawful, null, void and of no effect whatsoever. I so hold.”
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