The National Industrial Court has ordered the reinstatement of Daniel Makolo back to his position as an official of the National Immigration Service without any loss of rank or position.
The presiding Judge, Justice E. I, Agbakoba, also ordered Makolo’s employer, the National Immigration Service, to pay him all outstanding salaries, allowances, emoluments and other benefits he is entitled to from the time he was summarily dismissed from service.
Makolo had, on November 18, 2020, filed a suit against the Minister of Interior, who is the Chairman Civil Defence, Correctional, Fire and Immigration Service Board; the board, Civil Defence, Correctional, Fire and Immigration Service Board; the Comptroller-General, Nigeria Immigration Service; Nigeria Immigration Service; the Head of Service of the Federation; the Attorney General of the Federation, the Federal Republic of Nigeria who was cited as 1st to 6th defendants respectively.
The claimant alleged that his employer had unlawfully dismissed him from service after they had already denied him the chance to participate in various promotional exercises for many years.
He claimed that “he ought to at least be of the rank of the Deputy Comptroller General Immigration in the service of the defendants on consolidated salary of DCG of Nigeria Immigration Service” if he had been given a fair chance.
Background
Makolo, an official of the Nigeria Immigration Service (NIS), was employed as a senior officer of the Federal Republic of Nigeria through the Ministry of Interior.
He was dismissed while challenging his employer’s refusal to allow him to participate in several promotional exercises conducted by NIS on claims that he was facing disciplinary proceedings.
According to him, he was not queried or investigated during the disciplinary proceedings, which spanned over 15 years, contrary to the legal principles of fair hearings and natural justice.
The Public Service Rule states that a disciplinary proceeding should not exceed 60 days.
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Makolo claimed that he fought hard through courts and petitions before he was finally cleared of the alleged wrongdoings on March 2, 2017, when National Security Adviser to Mr President and Commander in Chief of the Federal Republic of Nigeria and the fifth defendant’ – the Attorney General of the Federation issued a letter of notification of clearance clearing him of the alleged wrongdoings.
However, the claimant (Makolo) lamented that the 2nd defendant, who had the power to promote and discipline NIS officials, refused to promote him despite being cleared of any wrongdoings.
Makolo decried this act stating that the promotion and disciplinary procedures of the Federal Civil Service Commission, as customised by the NIS, made provisions for notional and special promotion procedures when an officer has been cleared of disciplinary cases against him, and his mates have been promoted ahead of him while he was facing disciplinary proceedings.
He further told the court that he was later dismissed without an opportunity to defend himself by the 1st and 2nd defendants based on accusations against him by the 3rd and 4th defendant officials
Dissatisfied with the situation, Makolo filed a suit seeking, among other reliefs, an order reinstating him to service and placing him “on the rank of Deputy Comptroller General of 4th defendant with effect from 17th October 2016″
In their defence, the defendants claimed that Makolo earned a summary dismissal from service when he refused to honour his posting to Borno State Command in 2017.
They also claimed that Makolo denied himself of fair hearing by refusing to appear before the disciplinary committee and prayed the court dismissing the suit claiming it was baseless.
Makolo argued this claim stating that he was not paid the necessary allowances to fund his relocation and settlement as contained in the Public Service Rules and Financial Regulations.
The claimant added that he was following up daily on his request to decline his transfer proceedings on medical grounds, a condition he told the court was being managed by the defendant’s clinic within the same premises.
After hearing the arguments of both parties, Justice Agbakoba ruled that “the suspension of the claimant from service of the defendant is unlawful, wrongful, null and void and of no effect whatsoever.”
The judge ordered that the aggrieved officer be reinstated without loss of rank. “By order of this court, the defendants are hereby directed to forthwith pay the claimant all outstanding salaries and emoluments, allowances and other entitlements to him from November 7th 2017, when his salary was stopped, to when the claimant was fully reinstated to the employment of the defendant without loss of rank, position and privileges”, Justice Agbakoba ruled.
Stella Adeniyi
