Justice Rakiya Haastrup of the Abuja Division of the National Industrial Court has directed the Abuja Electricity Distribution Company (AEDC) to pay Aminat Ibrahim, its dismissed manager the sum of N19.5million.
The court gave the order on Wednesday. The sum awarded, is her 10 months’ salary severance package and a prorated salary sum for the period of 1st -18th of March 2022.
The court also ordered AEDC to convert the dismissal to termination without notice and issue a letter to that effect within seven days.
Justice Haastrup declared Aminat’s dismissal wrongful, asserting that the allegation of conflict of interest against her lacked substantiation.
The court’s decision brings a resolution to a legal battle that unfolded with Aminat’s dismissal by the AEDC.
Background
Aminat Ibrahim, a former employee of the defunct National Electricity Power Authority (NEPA), later absorbed into Power Holding Company of Nigeria (PHCN), claimed diligent service throughout her tenure.
However, dispute arose, including non-payment of performance-based pay and non-remittance of dues to unions, leading to a resolution between the union and AEDC.
A query on alleged misconduct prompted Aminat’s appearance before a disciplinary panel. She denied involvement with an alleged sub-vendor, challenged the board’s composition, and contended that her dismissal stemmed from malice.
AEDC, in defense, asserted Aminat’s indictment for breaching conflict of interest rules and justified her dismissal in accordance with company regulations.
Consequently, The company urged the court to dismiss the suit.
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Court’s decision
Justice Haastrup found no evidence supporting Aminat’s claim of the disciplinary committee’s non-compliance with her condition of service.
However, the court held that AEDC failed to establish Aminat’s association with the alleged sub-vendor, rendering her dismissal wrongful.
The court criticized the absence of critical documents and emphasized the burden of proof on the party making claims.
Justice Haastrup stated that allowing Aminat to be deprived of her severance packages after ruling her dismissal wrongful would be a grave injustice.