Justice Kiyersohot Damulak, presiding over the Akure Judicial division of the National Industrial Court, has invalidated the purported dismissal of John Audu from service, deeming it unlawful and in violation of both the Public Service Rule and principles of natural justice.
The Court directed the National Youth Service Corps to compensate Mr. Audu with a total sum of Four Million, Nine Hundred and Fifty-Five Thousand, Three Hundred and Ninety-One Naira (N4,955,391.00), representing his monthly salaries from February 2015 to June 2019, within 30 days.
Justice Damulak ruled that the NYSC exceeded its authority under the Public Service Rules by imposing dismissal on Mr. Audu, who held a grade level 10 position, ordering his immediate reinstatement until his retirement on June 15, 2019. Additionally, the NYSC is mandated to calculate and disburse his gratuity and initiate his pension plan.
Based on the evidence presented, Mr. Audu, an NYSC staff since 1984, was unfairly dismissed via a letter dated March 14, 2018, despite his response to a query and subsequent warning letter. The court found that the NYSC’s actions violated Mr. Audu’s right to a fair hearing.
In summary, Justice Damulak concluded that the NYSC lacked the authority to dismiss Mr. Audu, as it can only discipline officers up to grade level 13 and dismiss those up to grade level 6. Therefore, the dismissal was deemed ultra vires, and Mr. Audu is entitled to all benefits due to him, including gratuity and pension.
