Justice Adunola Adewemimo has declared Prince Efedhoma’s compulsory retirement from Edo State Civil Service wrongful and void.
Justice Adewemimo gave the order on Monday at the Benin Judicial Division of the National Industrial Court in Edo state.
The judge on Monday issued a clear order for the Edo State Civil Service Commission to reinstate Prince Efedhoma to his former position as Assistant Chief Accountant, GL. 13.
Background
Prince Efedhoma, the claimant, admitted that he initially made a wrongful accusation of misconduct and subsequently corrected it.
He had faced queries and disciplinary proceedings by both the Edo State Civil Service Commission and the Edo State Universal Basic Education Board, which ultimately led to his compulsory retirement.
In response, the defendants argued that Prince Efedhoma’s termination was justified due to negligence in his duties, citing misconduct as per the state civil service rules.
They submitted that the employment termination of Mr Efedhoma was done with recourse to due process of law as provided in the rules guiding his appointment.
Consequently, they urged the court to dismiss the case in its entirety for lacking merit..
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Court’s decision
Justice Adewemimo held that there was no proper representation of the Edo State Civil Service Commission during the disciplinary proceedings.
He noted that the authority to establish a board of inquiry in cases that could result in dismissal or termination belongs to the State Civil Service Commission.
In his conclusion, he said the court found that the defendants had indeed breached the State Civil Service Rules throughout the process leading to Prince Efedhoma’s compulsory retirement.
Consequently, he declared the compulsory retirement, as wrongful, unlawful, illegal, unconstitutional, null and void ab initio.
He also ordered his reinstatement which is to come with no loss of work, seniority, salaries, allowances, and other benefits
Furthermore, it entails the payment of all his salaries and entitlements from March 2022, covering the period of his compulsory retirement until his full reinstatement.
