The National industrial court yesterday ordered the Edo State Governor to reinstate Mrs. Nneka Jacob back to her position as Chief Pharmacy Technician in the state.
Justice Adunola Adewemimo of the Benin Division of the National Industrial Court gave the order while delivering judgement in the suit filed by Mrs Jacob.
The judge declared that the directive by the governor to the State Hospitals Management to dismiss Mrs. Jacob from service is unlawful, null, void and of no effect.
She ordered her to be reinstated back to service of the Edo State Hospitals Management without any loss of her seniority or progression, entitlements or any remunerations.
Background
Mrs Jacob was employed by the 1st defendant via a letter of employment dated October 26, 2004.
She said her employment was confirmed via a letter dated January 16,2007 of which she rose through the rank to become the chief Pharmacy Technician.
On Febuary 10,2021, Mrs Jacob was dismissed from service on the directive of the Edo state governor through the hospital management.
She was dismissed on the allegation of granting an unauthorised interview to a Civil Society Organisation under the directive of her immediate boss.
The chief Pharmacy Technician therefore approached the court seeking a declaration that her dismissal is wrongful, unlawful, ultra vires the powers of the State Governor and therefore null, void and of no effect.
While Mrs Jacob is the claimant, the defendants include; Edo State Hospitals Management and the Governor of Edo State are the defendants.
The defendants in their defense told the court that the claimant’s failure to exhaust all avenues provided in the Civil Service Rules before filling the case is a breach of the condition precedent that would have conferred jurisdiction on the court to entertain the case.
Counsel to the state avered that her duty to obey and carry out the instruction or directive of her immediate boss is subject only to lawful instruction as provided for by the Edo State Civil Service Rules.
He said the state governor did not play any role in her dismissal and that the reference to the Governor in the dismissal letter is a mere administrative procedure adopted to ensure that an officer is not unjustly dismissed from service simply because his or her employer did not like his face.
However, Mrs Jacob’s lawyer contended that his client is entitled to approach the Court to seek justice with respect to her employment which has been put in jeopardy by the defendants.
He noted that his client cannot be circumscribed or ousted by any rule or statute to the contrary, consequently, he prayed the court to grant the reliefs sought.
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Court’s decision
Delivering Judgement, Justice Adewemimo ordered the reinstatement of Mrs Jacob the chief Pharmacy Technician back to the employment of the Edo state hospital management.
The judge also ordered the Edo State Hospitals Management and governor to pay her the sum of N4,717,348.75K being her accumulated salaries for the period of February 2021 till March 2023 within 60 days, and N100,000.00 cost of action.
She held that the inclusion of an approval and directive of the Governor before the decision of the Edo State Hospitals Management was taken to dismiss her is unsupported by the statutes guiding her employment.
Justice Adewemimo held that there is nowhere in the Edo State Civil Service Rules where it is stipulated that, the approval or directive of the Governor must be sought before an officer of her rank can be dismissed by the Edo State Hospitals Management.
The Court ruled that the defendants did not lead any evidence, or place the resolution of the 322nd Meeting of the Edo State Hospitals Management, in proof of their assertion that it was the board that took the decision to dismiss her.
They also did not place any documentary evidence before the court to attest to the fact that the approval of the Governor was a mere administrative procedure.
Justice Adewemimo stated that the content of the dismissal letter issued to her clearly connotes that Edo State Hospitals Management acted under the directive of the Governor, as the panel report on the allegation against her never recommended her dismissal, but a transfer and reduction in rank.
The judge said ” The sum awarded in this judgement are to be paid within 60 days.failing which will attract a rate of 10% per annum untill the entire judgement sum is paid up.”
