The president of the National Industrial Court of Nigeria, His Lordship, Hon. Justice Babatunde Adejumo has ordered immediate reinstatement of 87 Civil Defence Corps unlawfully dismissed in 2008, ordered NSCDC, Commandant General, Minister and Federal Ministry of Interior to return their uniforms, staff identity cards, and immediate payment of all their salaries and emoluments from 25th July 2008 till date.

The court held that the Nigeria Security and Civil Defense Corps and others have not been able to lay before the court, sufficient and convincing evidence to support the allegation that the appointment letters of the claimants were forged.

The matter was transferred from Federal High Court Abuja in 2011 for lack of jurisdiction. The claimants sought against the defendant among others; a declaration that the claimants are public officers, a declaration that the claimants’ appointment /employment are subsisting and that they are bonafide staff of the 1st defendant.

Likewise, an order of mandatory Injunction directing the defendant to allow the claimants to immediately resume duty at their respective 1st defendants’ state commands.

The grouse of the claimants was premised on the fact that they were employed by the 1st defendant-NSCDC in 2006 and have been receiving both salary and pension contribution alerts till 2008 when their employment letters were forcefully seized from them.

The NSCDC, Commandant-General -1st and 2nd defendants opened joint defence, argued that the matter as constituted is statute barred that the date of accrues action was July 2008, and seven claimants ought to have brought the matter in October 2008 which is three months after their letter was declared fake and seized, but the court in its ruling delivered in 2013 dismissed the preliminary objection and assumed jurisdiction.

Also, In its final written address filed on 5th November 2018 by Evelyn Charles-Iyanya, Esq of the legal unit of NSCDC distilled for determination whether the claimants before the court have successfully proved their case to entitle them to the relief sought?

Counsel stated that claimants lacked the capacity to institute the suit having not attached the necessary document to their originating process as required by the court rules, that the claimants listed cannot bring an action because there is no right whatsoever to enforce and urged the court to so hold.

Counsel further argued that claimants were never employed as staff of the NSCDC and never issued any appointment letters to give them any enforceable right that only seven appointment letter was seized and the letters have been tendered in evidence that a careful scrutiny of all the appointment letters attached by the listed claimants would reveal the same discrepancies as that of the 7 letters that were seized which according to counsel is the reason none of the listed claimants appeared for verification.

Counsel posited that a critical look at the exhibit attached by the claimants, as statement of pension contribution would reveal it does not suffice as a document issued by any pension funds administrator and therefore cannot be used to prove any point urged the court to dismiss the suit for lacking merit and award reasonable cost of action.

In opposition, claimants counsel submitted that the 1st and 2nd defendants admitted the fact of the existence of the letters of clearance, letters of regularization/appointments and letters of acceptance of employment of the claimants in the defence.

Counsel further submitted that the nominal roll tendered by the defendant should be discountenanced since it did not bear the name and signature of the compiler, maker or author and not on the letterhead or official document of the NSCDC and also not dated.

Counsel submitted further that the claimants were given uniforms, kits, staff identity cards, official ranks which facts were never denied by the defendants urged the court to grant the relief sought.

The presiding judge, Hon. Justice Babatunde Adejumo after thorough evaluation held that the defendants have not been able to tender before the court sufficient and convincing evidence to support the allegation that the appointment letters of the claimants listed above were forged.

“Flowing from above, it is not in doubt that the employment of the claimant is one that qualifies for and enjoys statutory flavour. I completely disagree with the defendants’ counsel on this issue and I hold that the termination of the employment of the claimants in the manner the defendant did without giving the claimant any right to be heard is unlawful.

“In view of my finding, I hereby declare that the claimants employment are subsisting and they are bonafide staff of the 1st defendant with the exclusion of 33 claimants who lacked locus standi to institute the suit due to their inability to tender before the court any evidence to convince the court that they were ever in the employment of the 1st defendant.” Justice Adejumo rules.

His lordship ordered defendants to return forthwith the claimants’ uniforms, staff identity cards, and immediately pay all the salaries and emoluments from 25th July 2008 till date with the exception of 33 others.

The court also ordered defendants to allow the claimants to immediately resume duty at their respective 1st defendant’s state commands with the exclusion of 33 other whom the court had earlier held that they lacked the locus standi.

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