Justice Oluwakayode Arowosegbe of the National Industrial court, Ebonyi Division, has declared that the Ebonyi State Executive Council’s purported resolution and the Governor of Ebonyi State’s approval, suspending Dr. Cletus as FADAMA Coordinator of Ebonyi State, exceed their powers and functions.
Justice Arowosegbe has ordered the Government of Ebonyi State, its Attorney-General, and five others to immediately pay Dr. Cletus Chukwuma all his arrears of salaries, remunerations, emoluments, and other entitlements accrued to him as FADAMA Director during his unlawful suspension, along with Five Million Naira as damages.
The Court has declared the resolution of the Ebonyi State Executive Council and the Governor’s approval, regarding the indefinite suspension of Dr. Cletus since July 14, 2020, from his confirmed and pensionable employment by the Government of Ebonyi State as a civil servant, as contrary to the rules of natural justice, unlawful, unconstitutional, null, void, and of no effect whatsoever.
Background
Dr. Cletus Chukwuma, the claimant, asserted that he served as a civil servant on GL 16 and as Director in charge of Rural Institutions Development of Ebonyi State Agricultural Development Program [ESADP]. He stated that he was appointed by the Ebonyi State Governor in 2007 as the State Coordinator of FADAMA III, a position he held until his unlawful suspension on July 14, 2020. He also mentioned that his salary as a civil servant was halted during this period.
Dr. Cletus argued that his suspension did not adhere to the due process prescribed for public officers. Furthermore, he highlighted that his application for transfer of service to Ebonyi State University, submitted on September 26, 2019, was thwarted by the Government of Ebonyi State, which advised the University not to renew his appointment as an adjunct lecturer or hire him until his suspension issue was resolved.
On the other hand, the defendants, Government of Ebonyi State, Attorney-General, and five others asserted that Dr. Cletus received fair hearing, and his suspension followed due process. They urged the Court to dismiss the case with punitive costs.
The counsel representing the Ebonyi State Government argued that Dr. Cletus was only suspended as the State Coordinator of FADAMA III and not as a civil servant. It was emphasized that while Dr. Cletus is now retired, his appointment was not terminated but merely suspended indefinitely under the authority of the State Government. Therefore, they urged the court to dismiss the case.
In response, Dr. Cletus’s counsel contended that his client’s employment as a civil servant was statutory and not based on a master-servant relationship. They argued that his position as FADAMA III Coordinator was intertwined with his status as a civil servant and urged the court to grant the reliefs sought.
Court’s decision
After carefully evaluating the submissions of both parties, Justice Arowosegbe concluded that Dr. Cletus’s appointment as FADAMA III Coordinator lacked statutory backing and was purely contractual. Justice Arowosegbe asserted that no statutory provision empowered the Governor or any authority involved in the case to indefinitely suspend Dr. Cletus without payment of wages.
Furthermore, Justice Arowosegbe determined that Dr. Cletus’s unlawful indefinite suspension for alleged misconduct constituted constructive dismissal. The Court deemed any further disciplinary actions against Dr. Cletus by the State Head of Service as futile, as the initial suspension letter clearly indicated punishment without mention of further investigation.
The Court criticized the indefinite suspension of Dr. Cletus since July 14, 2020, without pay, stating that modern labor law jurisprudence in Nigeria defines constructive dismissal as unfair labor practice.
Additionally, Justice Arowosegbe nullified the recommendations of the Ebonyi State Fiscal Responsibility Commission, which served as the basis for the disciplinary action against Dr. Cletus, labeling it unlawful and beyond the commission’s powers. As a result, the recommendations were declared null, void, and legally ineffective.
