The National Industrial Court, Abuja division has ordered the National Examinations Council (NECO) to pay Mr. Ibrahim Musa the sum of N1 million as damages for his unlawful dismissal.
Justice Olufunke Anuwe on Tuesday declared that the termination of Mr. Musa’s employment from NECO’s service without a just cause and without due process of law was unlawful, illegal, unconstitutional, and of no legal effect.
The Judge consequently ordered NECO to reinstate Mr. Ibrahim Musa back to its employment back to the position or rank he ought to be at the judgment date.
Background
Mr. Musa, who is the claimant, told the court that he was issued a query by NECO on August 13, 2021. He said on August 14, he replied to the query.
According to him, at the completion of the 2021 SSCE examination, he was issued another query upon his return to NECO headquarters on September 15, 2021.
The second query accused him of misconduct which contravened Rule 030102 of the Public Service Rules.
He said no staff Disciplinary Committee was set up by NECO regarding the queries and allegations against him. And his employment was terminated even without bringing him before any Disciplinary/Administrative Panel.
he said NECO had cited abscondment from office as the reason for his dismissal. He, therefore, approached the court for redress.
NECO, in its defense argued that it terminated Mr. Musa’s employment in accordance with the rule of law and public service rules.
They asked the court to dismiss the case in its entirety.
Mr. Musa, through his lawyer, argued that none of the 2 queries served on him were on the allegation of abscondment from office for which his employment was terminated, and urged the court to grant the reliefs sought.
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Court’s Decision
Justice Anuwe held that the termination of Mr. Musa’s employment was done in breach of provisions of the NECO Staff Regulation and in violation of his right to a fair hearing.
The Court held that Musa’s employment cannot be terminated without strict compliance with the terms and conditions applicable to his employment and granted the reliefs sought.
The judge noted that Musa was not queried for the allegation for which his employment was terminated and as such, he never had the chance to reply to the allegation.
The Court held that Mr. Musa was not served any query with the allegation of “absconding from office.
Consequently, the court ordered NECO to reinstate him and pay him all his arrears of salaries, allowances, benefits, and other entitlements from 5th November 2021 when his employment was terminated till date, and awarded the sum of N1,000,000 against the NECO as general damages and N200,000 cost of action within 30 days.