Abubakar Sadiq Umar began as an employee of the Nigeria Customs Service and gradually climbed the ranks until he became an Assistant Superintendent of Customs.
In 2017, while performing his duties at the Apapa Command in Lagos, an unexpected turn of events shook his world.
On that fateful day, his supervising officer approached him with a grave accusation of allowing containers with prohibited substances to pass through his team.
The officer singled out two containers, MAEU 8158495 and MRKU 5906120, by their numbers. suspecting that they concealed a banned substance called tramadol.
He vehemently denied the allegations, stating that he was part of an examination team that included various agencies like the Department of State Services (DSS), the National Drug Law Enforcement Agency (NDLEA), the Police, and the National Agency for Food and Drug Administration and Control (NAFDAC).
Also, as a representative of the Customs, his duty was to ensure that no banned items made their way into the country.
He explained that his team had thoroughly inspected both containers and found no trace of any banned items. Despite this, he found himself facing a query for alleged misconduct regarding the examination of those containers.
What shocked him even more was the fact that they had already prepared a suspension letter before he received the query.
To his dismay, he experienced and the suspension within a 24 – hour period. It felt like a betrayal because he hadn’t received a fair opportunity to defend himself or to verify the allegations through a re-examination report.
From March 2018 to October 2021, He endured the harsh consequences of suspension.
After dedicating faithful service to his country, he experienced unjust punishment for an act that wasn’t even considered an offense at that time.
While maintaining that Tramadol wasn’t listed as a banned item or included in Nigeria’s import prohibition list during the incident in October/November 2017.
He couldn’t understand how such severe consequences could be inflicted upon him for something that was not even against the existing regulations.
His narrative shed light on the events that led to his unjust suspension and the immense anguish he experienced as a result.
Consequently, he approached the court in 2022, seeking justice for his unlawful dismissal from the employment of the Nigerian Customs Service.
Abubakar Sadiq Umar vs Nigeria Customs Service Board, Nigeria Customs Service, Comptroller General of Customs and the Minister for Finance and Budget.
Aggrieved by his alleged unlawful dismissal, Abubakar approached the court for relief.
He averred that his suspension violates various laws and principles hence, it should be declared null and void.
While also asking the court to set aside the suspension and dismissal and compel the defendants to reinstate him with all associated rights and benefits.
He also asked the court to direct the defendants to pay him all salaries, allowances, and benefits from the date of suspension.
Finally, he wants N100 million as general damages and for the defendants to cover the cost of the legal action.
The defense presented by the defendant.
The defendants opened their defence in the case and vehemently opposed the submissions of Abubakar.
In opposition, they filed a notice of preliminary objection, challenging the jurisdiction of the court to hear the lawsuit.
They asked the court to dismiss the suit or strike it out for lack of jurisdiction.
The defendants revealed that on the day of the alleged incident, NAFDAC (National Agency for Food and Drug Administration and Control) was on strike, and they argued that the claimant should not have allowed the containers to pass without NAFDAC’s involvement, as pharmaceutical products fall within NAFDAC’s jurisdiction.
They emphasised that the claimant cannot deny the contents of the containers without NAFDAC’s presence.
Also stating that the claimant was issued a query and that his suspension was a legitimate administrative process to prevent tampering with evidence.
They said the claimant had the opportunity to defend himself during the investigation and admitted to making an error in carrying out his duties.
According to the defendants, the investigation revealed procedural anomalies in the importation process and the claimant’s negligence in examining the containers.
They claimed that out of the six containers, the claimant examined two, and when re-examined, tramadol was found concealed in higher milligrams than allowed, without NAFDAC clearance or numbers inscribed on the cartons.
The defendants argued that the claimant was negligent in passing the containers while NAFDAC was on strike and failed to exercise due diligence in examining their content.
Consequently, they urged the court to dismiss the claimant’s suit, considering it frivolous, vexatious, and lacking merit.
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How the Court ruled
After listening to parties in the suit,Justice O.O Oyewumi on May 2. 2023 in suit no: NICN/ABJ/57/2022 delivered judgement thus;
She said regarding the claimants’ dismissal, the case will be determined pursuant to the provision of the Public Service Rule as that is the applicable terms and conditions guiding the employment relationship of the parties.
She said “I find that the Claimant’s suspension for 3 years 7 months is unlawful and in breach of his condition of service, it is thus declared null, void and thus set aside. Accordingly, relief ‘a’ and ‘c’ succeed.
Regarding reliefs B and D, she said the position of the law is that an employer must strictly follow the provisions of the PSR before it could dismiss an erring employee.
The judge held that the process followed by the defendants in dismissing the claimant is fundamentally fraught with errors.
She said “I find it apparent that the defendants were in a hurry to dismiss the Claimant from its employment, hence they blatantly, failed or refused to comply with the provisions of the PSR that regulates his employment.
“It is in the light of the foregoing coupled with the backdating of the dismissal of the claimant to 14th September 2021, that I find that the claimant has succeeded in proving that his dismissal is unlawful, it is consequently, declared null, void and of no effect, and thus set aside. Accordingly, I resolved Claimant’s relief ‘b’ and ‘d’ in his favour.”
Regarding the relief where the claimant sought an order compelling the defendants to reinstate him with all rights and all his entitlements, privileges and prerequisites attendance to his status from the date of suspension.
The judge said “It is trite that in contracts of employment with statutory flavour like in the instant case, where dismissal or termination is found to be unlawful and nullified, the court may order specific performance of the contract and order for reinstatement.
“I find from all stated supra that the claimant is entitled to be reinstated back to the employment of the 2nd defendant, and all his salary arrears and allowances due to him be paid from the stoppage of his salary when he was suspended on 8th March 2018 till he is reinstated and continues to pay his salary as an employee of the 2nd defendant. I so, hold.
Regarding relief G, the judge said “Having declared the acts of the defendants a nullity, ordered for reinstatement of the Claimant and payment of all his salaries and other entitlements, that, in itself qualifies as damages, thus granting relief ‘g’ will amount to double compensation, which is not allowed in law. It is in consequence that I refuse relief ‘g’ and discountenance it.
On the cost of action sought by the claimant, the judge said, “I find that he is entitled to a cost. Accordingly, I award the sum of N250,000.00 to the Claimant as a cost of action.
Justice Oyebiola Oyewumi ordered that the judgement is to be complied with within 30 days from the date it was delivered.
Here is a copy of the judgement for more details.