The National Industrial Court in Yenagoa has ordered the Ogbia Local Government Council, Bayelsa State Universal Education Board, and Bayelsa State Government to pay over 24 months of salary arrears to Nyenami Egbo and 25 other teachers within 30 days.
The court, presided over by Justice Bashar Alkali, on Wednesday declared that the teachers, who had diligently carried out their duties, are entitled to their outstanding salaries from January 2017 to December 2018.
The teachers had alleged that their names were arbitrarily removed from the salary voucher and they were unlawfully forced into retirement, despite not being due for retirement.
Background
According to the claimants, Nyenami Egbo and 25 others, the Ogbia Local Government Council, Ogbia Local Government Education Authority, Bayelsa State Universal Education Board, and Bayelsa State Government have failed to pay their salaries for over two years.
The situation took a turn for the worse in October 2018 when, upon the resumption of salary payments, the teachers discovered their names had been unlawfully removed from the payroll.
The teachers were ordered to proceed on retirement, despite not having reached the statutory retirement age.
Consequently, They approached the court and argued that this action was arbitrary, unlawful, and in direct contravention of the Public Service Rules.
Court’s Decision
Justice Bashar Alkali dismissed the preliminary objections raised by the Ogbia Local Government Council and Ogbia Local Government Education Authority.
Justice Alkali ruled that while non-service of the pre-action notice makes the court’s jurisdiction inchoate against the Education Authority, it does not invalidate the case against the other defendants.
He emphasized that court rules, including practice directions, should not be applied slavishly if doing so would cause injustice.
Consequently, he struck out the suit against the Education Authority but maintained it against the other defendants.
Regarding the teachers’ claim of illegal retirement, the court found insufficient evidence. While the teachers provided statutory declarations of age, they failed to connect these documents to their employment terms.
Justice Alkali noted the absence of critical information such as their age at employment, expected service duration, and years served. Without this data, he ruled that the court could not definitively establish that the teachers were not due for retirement.
Justice Alkali declared that Nyenami Egbo and the 25 others, having conscientiously carried out their duties, are indeed entitled to their salary arrears.
This covers the period from January to November 2017, the outstanding December 2017 salary, and all salaries from January to December 2018.
The court ordered the defendants to pay these arrears within 30 days, providing much-needed financial relief to the affected teachers.
