Court Voids Funmilayo’s 12 Years Suspension From Office, Orders Immediate Reinstatement

Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court has declared the suspension of Mr. Funmilayo David Omosule from the employment of the Oil and Gas Free Zone Authority and stoppage of his salaries and allowances since 2011 till date as oppressive, unjustifiable, null and void and of no effect whatsoever.

The Court granted a Mandatory Order setting aside Mr. Funmilayo’s purported letter of suspension and ordered Oil and Gas Free Zone Authority to immediately reinstate her with payment of all the outstanding salaries and allowances since April 2011 up till date, with the sum of N500k cost of action within 30 days.

Justice Anuwe held that the Oil and Gas Free Zone Authority did not plead any fact to the effect that the suspension of Mr. Funmilayo without pay was in accordance with the condition of service, as a suspension is not and cannot amount to termination of employment.

From facts, the claimant- Mr. Funmilayo David Omosule had submitted that at the time of his employment, during his employment and till now, his name is Funmilayo David Omosule as it is contained in all his academic credentials and in his official file with the Oil and Gas Free Zone Authority, that the suspension letter given to him over non-verification of his credentials was addressed someone else Olufunmilayo O. Funmi, and he was relieved of his duties as Manager with no payment of salaries and allowances since 20th April 2011.

He argued that his employment was not properly suspended or terminated, as he remains an employee of the Oil and Gas Free Zone Authority and he is entitled to receive his salaries and other entitlements.

In defense, the defendant- Oil and Gas Free Zone Authority averred that the Claimant’s names Omosule David Funmilayo, Funmi Omosule, Omosule F. David or Olufunmilayo O. Funmi have been used interchangeably by both the Fumilayo and the agency at different times and Mr. Funmilayo never complained, and his failure to submit originals or the CTC of his educational certificates as requested led to his suspension.

The Free Zone Authority averred that the letter was meant for Mr. Funmilayo and he responded to it in his internal memo dated 19th April 2011 without complaining of his name being wrongly used, urged the Court to dismiss the case in its entirety.

Delivering the judgment, the presiding Judge, Justice Olufunke Anuwe held that the Oil and Gas Free Zone Authority did not produce any document made prior to the letter suspending Mr. Funmilayo to show that he had been addressed as Olufunmilayo O. Funmi prior to the date of the letter of suspension.

On the validity of the suspension letter, the Court held that Mr. Funmilayo is aware that the suspension letter was meant for him and he knows that he was the one suspended in the letter pending the production/submission of his original certificates, as nowhere in the memo written y Funmilayo to the agency where he complained that the letter was not meant for him or that it was wrongly addressed or delivered to him until the filing of the suit.

The Court affirmed the suspension of Mr. Funmilayo from office and held that the copies of the CTC of Mr. Funmilayo’s certificates have not been attached to the exhibit tendered and he did not tender copies of the CTCs separately in evidence as to believe he actually obtained or submitted the CTCs to the Oil and Gas Free Zone Authority for verification.

However, the Court faulted the perpetual suspension of Mr. Funmilayo since 2011 as there is no indication that any other action was taken by the Oil and Gas Free Zone Authority with respect to Mr. Funmilayo’s employment up till the time the suit was filed or thereafter; and held that in a contract of employment, there is no implied contractual right on the part of the employer to suspend an employee without pay on disciplinary grounds.

Justice Anuwe held that a servant whose employment has not been terminated but merely on suspension is entitled to salary during the period of suspension except the master is permitted in the condition of service to suspend without pay.

“The Defendant kept the Claimant on suspension for 12 years without taking a decision on the employment of the Claimant, thereby putting the Claimant in apprehension of his fate and status of his employment. He lives day by day in anticipation, not knowing whether he will be recalled or will be terminated. I hold that the continued suspension of the Claimant from April 2011 till date is wrongful, oppressive, unjust and unfair. For this reason, I will set aside the suspension of the Claimant and order the Defendant to recall the Claimant with effect from the date of this judgment.

“I am aware that the issue of the verification of the Claimant’s original certificates, for which he was suspended, has not been cleared. The issue is one the Defendant is entitled to conclude and take a definite decision with respect to the employment of the Claimant, but to keep the Claimant on suspension for 12 years is what this court will not condone or allow to continue.” Justice Anuwe ruled.