Justice John Targema, has officially declared the suspension of Mrs. Omawumi Tomarah’s salary, effective since October 2019, to be both illegal and null and void.
Justice John of the National industrial court, Awka division made the declaration on Thursday.
The case was brought to court by Mrs Tomarah against the Executive Chairman of the Post Primary Education Board, Delta State and four others.
The judge held that the issue of absenteeism levelled against Mrs Tomarah was not proved consequently, there was no justification for stopping her salary.
Background
Mrs.Tomarah is a teacher at Ogidigben Grammar School, located in Ogidigben within the Warri South West Local Government Area of Delta State.
She claims her salary was unjustly suspended by the chairman of the Post Primary Education Board, Delta State.
Mrs. Tomarah’s refusal to yield to a demand to pay a sum of N800,000.00 allegedly owed to one Omolu, who claimed to be the next of kin of one late Mrs. Comfort, led to her suspension.
Omolu had requested the Chairman’s assistance in recovering the sum without providing the necessary legal documentation.
Mrs. Tomarah argued that, despite her suspension since October 2019, she continued to perform her teaching duties at Ogidigben Grammar School, Ogidigben.
She contended that the Chairman and others involved should have advised her to seek legal recourse, rather than resorting to unilateral action.
The defendants, including the Chairman, Post Primary Education Board, Delta State, and four others, alleged that Mrs. Tomarah had absented herself from work, was involved in financial troubles, and refused to settle an alleged debt.
They maintained that the suspension was a temporary measure to ensure she addressed these allegations.
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Court’s Decision
In his judgment, Justice Targema ruled that the suspension of Mrs. Tomarah’s salary was carried out without due investigation and in violation of the Delta State Public Service Rules.
The court held that the issue of absenteeism and financial troubles should have been thoroughly investigated and proven before suspension.
Additionally, the court held that the Chairman and the other defendants should have directed the parties involved to seek legal resolution, as they lacked the authority to decide on financial disputes.
Consequently, the court ordered the payment of Mrs. Tomarah’s accrued arrears of affirmed from October 2019 until the judgment is fully satisfied.
The court also awarded her N5 million in general damages.
