By AYUBA JACOB
22/06/2017
Justice Rabi Gwandu of the National Industrial Court, Jos
Division today granted all the reliefs sought by Rueben Awanye Itruma
(Claimant) against the National Veterinary Research Institute (NVRI), Vom
(Defendants) in Suit No. NIC/3/47/2013 between him and the NVRI, its Governing
Board as 1st and 2nd defendants respectively. The
claimant had approached the court in 2013 asking the court to reverse the
decision of the defendants for purportedly dismissing him from service in 2007
without affording him any hearing in his defense which he said was
unconstitutional, null, void and of no effect and a breach of his fundamental
right.
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| National Industrial Court Jos Division |
In her judgment, Gwandu made the following declarations:
“That the purported stoppage of the claimant’s salary from
October, 2007 till date and his subsequent purported dismissal from the
services of the defendants pursuant to the PUBLIC SERVICE RULES and all the
steps leading up to his dismissal are unlawful null, void and of no effect
whatsoever.
That the Plaintiff’s employment is governed by the
“Conditions for service for federal research institute, colleges of agriculture
and allied institutions of Federal Republic of Nigeria” of 1st
January, 2004 and not the Public Service Rules.
“In alternative to relief two above;
That the dismissal of the plaintiff from the service of the
defendants is inconsistent and in contravention of the provisions of the Public
Service Rules and the Guidelines for Appointment, Promotion and Discipline
issued by the Federal Civil Service and therefore null and void and of no
effect whatsoever.
That the purported stoppage of the salary of the claimant
without any reason being given by defendant and without hearing the claimant is
unconstitutional null, void and of no effect and breach of the plaintiff’s
fundamental right to fair hearing.
“That the purported dismissal of the claimant from the
service of the defendant without affording the claimant any hearing in his own
defence is unconstitutional null, void and of no effect, and a breach of the
claimant’s fundamental right.
That the claimant’s employment is pensionable and permanent
employment and cannot be determined before the claimant’s pensionable age and
save in accordance with the applicable conditions of service and the guidelines
for appointment, promotion and discipline issued by the Federal Civil Service
and that the claimant still in the employment of the defendants”.
The Court also made orders of 1 Million Naira as general
damage against the defendant jointly and severally as well as directing the
defendants to pay the plaintiff the sum of 1 million naira cost and legal fees.
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| Justice |
The court further
made orders directing the defendants to re-instate the claimant to his office
on equal rank, status and grade with other employees of the 1st
defendant who were on equal grade with the claimant prior to his purported
dismissal from the service of the defendants; directing the defendants to pay
to the plaintiffs forthwith, all such salaries, allowances and other
entitlements that fell due as at the date of the purported dismissal and
further pay forthwith all such salary, benefits, allowances at incremental rate
from the time of the purported stoppage of the plaintiff’s salary in 2007 until
judgment or the date the plaintiff’s employment is determined by due process by
either party.
Speaking to journalists after the delivery of the judgment,
Counsel to the claimant M A Dawam of SS Obende & Co. off Panyam Street
before ECWA (Yoruba) Church Jos said that their position has been vindicated
because, according to him, “justice has been achieved”. However, Counsel to the
defendants, J T Danjuma of S T Panwal & Co. refused to talk to Journalists.
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