Justice Osatohanmwen Obaseki-Osaghae, presiding in the Abuja Judicial Division of the National Industrial Court, has invalidated the alleged dismissal of Mr. Olushola Anjorin from the service of the National Film and Video Censors Board.
The court on Wednesday, mandated Olushola’s immediate reinstatement as Assistant Director on Grade level 15 with all associated rights and privileges.
Furthermore, the National Film and Video Censors Board and its CEO are directed to promptly release Mr. Olushola’s 2018 promotion to Assistant Director in the Department of Operations on Salary Grade level 15.
The court has ordered the payment of the salary and emoluments difference, the outstanding balance of N600,000.00 as baggage and passage allowance, and all withheld salaries, allowances, and entitlements from August 2018 until the present.
Justice Obaseki-Osaghae declared the dismissal procedure unconstitutional and ordered an injunction preventing any interference with Mr. Olushola’s functions and duties as Assistant Director, Operations.
The court emphasized the violation of procedural norms and the absence of fair hearing in the dismissal process, highlighting that the CEO acted beyond their powers.
The ruling underscores the need for adherence to governing laws, rules, and procedures by federal government statutory bodies like the National Film and Video Censors Board.
Background
In his claims, Mr. Olushola refuted the assertion of his absconding, expressing surprise at the non-payment of his salary since August 2018 without prior communication regarding the halt or reasons behind it.
He alleged that the agency’s CEO instructed his query, salary suspension, and dismissal for purported abscondment, all transpiring without a fair hearing, employing the Senior Management Committee, an entity unknown to the Public Service Rules.
Maintaining that his dismissal should adhere to the procedures outlined in the Public Service Rules, Mr. Olushola urged the Court to grant the requested reliefs.
In their defense, the National Film and Video Censors Board argued that they did not breach any Public Service Rules, pointing out Mr. Olushola’s violation for proceeding on study leave without approval.
They claimed that the Governing Board deliberated on the query and his defense at the March 26, 2019 meeting before issuing the dismissal verdict.
Opposing this, Counsel to Mr. Olushola, Prof. J. O. Amupitan SAN, contended that the board violated the disciplinary procedure by not referring the allegations to the Governing Board for trial.
He argued that the procedure adopted lacked compliance with the requirements of natural justice and fair hearing.
Responding on point of law, the defense counsel asserted that the National Film and Video Censors Board’s procedure aligned with the Public Service Rules, urging the Court to dismiss the case entirely.
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