Court Compels FG to Reinstate Yakubu, Orders N19m Entitlement Payment Within 30 Days
The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has set aside Mr Yakubu, a Senior Staff calibre, indefinitely suspension from work without pay for a period above two (2) months specified under the Conditions of Service and the Federal Public Service Rules for being improper, wrongful, unconstitutional, null and void.
The Court granted a mandatory order compelling the Government of the Federation of Nigeria, Attorney General of the Federation, the Minister, Federal Ministry of Science and Technology, Federal Civil Service Commission and Nigerian Institute of Leather and Science Technology to reinstate Mr Yakubu to his employment with full benefits within 14 days.
Justice Galadima ordered the Government of The Federation of Nigeria, Attorney General of The Federation, The Minister, Federal Ministry of Science And Technology, Federal Civil Service Commission And Nigerian Institute of Leather And Science Technology to pay Mr. Yakubu the sum of N5.8m representing all his salaries, entitlements and emoluments due to him from the time of the purported suspension 1st March 2018 up to July 2020, N732k Unremitted Pensions Deductions, N6.6m Liability Claims, N470k Promotion Arrears balance deliberately left unpaid by the Nigerian Institute of Leather And Science Technology to the claimant to date and the sum of N1m Cost of Action within 30 days.
From facts, the claimant- Mr Yakubu had submitted that he sent a bulk WhatsApp message that was offensive, that he immediately issued a general and personal apology, but one staff member remained dissatisfied.
Mr Yakubu averred that on October 9, 2017, the Federal Civil Service Commission and the Nigerian Institute of Leather and Science Technology imposed disciplinary sanctions—a strong warning and a transfer to another Extension Centre on him as punishment.
Mr Yakubu submitted that to his surprise, on 28th February 2018, he was orally invited to meet with the Director of Admin, for a meeting slated for 10:00 am on 1st March 2018 in Kaduna, and no one appeared until 2:00 pm, and he returned to Jos with growing concerns.
Unexpectedly, Mr Yakubu stated that a suspension letter dated 27th February 2018 was received on 6th March 2018, indefinitely suspending him from work without pay, on the allegation that he had re-circulated the controversial WhatsApp message and had ignored an official invitation that was never properly delivered to him.
In defence, the 1st and 2nd defendants- Government of the Federation of Nigeria, Attorney General of the Federation, were jointly represented by counsel and attended every court session, but failed to file any pleadings throughout the entire trial.
The 3rd and 5th defendants- The Minister, Federal Ministry of Science and Technology and Nigerian Institute of Leather and Science Technology, who were also jointly represented by counsel, were the only parties that fully filed their defence processes and properly joined issues with Mr Yakubu. Ultimately, none of the defendants presented any witnesses in support of their defence throughout the trial.
In opposition, Yakubu’s counsel, Olufemi Olubiyi, Esq., argued that any measure taken against Mr Yakubu must observe the prescribed statutory procedures to the letter, and any departure from those procedures renders the action null and void, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Ibrahim Galadima, affirmed that the relationship between the parties in the case is statutorily governed, that since Mr Yakubu’s employment falls under the Public Service Rules, disciplinary measures under a statutory regime must strictly observe all prescribed steps.
The Court held that suspending Mr Yakubu without a hearing and ignoring the provisions contained in the Public Service Rules, the Nigerian Institute of Leather and Science Technology’s action were both procedurally and substantively flawed.
Justice Galadima held that Mr Yakubu’s suspension was illegal, procedurally flawed, and unconstitutional.
In addition, Justice Galadima granted an order of a perpetual injunction restraining the defendants, their agents, servants or privies, or anyone acting at their instance or instruction, from disengaging Mr Yakubu as an employee of the Federal Civil Service Commission and Nigerian Institute of Leather and Science Technology (whether by way of suspension or otherwise) after reinstatement and until the attaining of the retirement age of 65 years and/or upon putting in 35 years of service in line with the Conditions of Service and/or Federal Public Service Rules except and unless in strict compliance with due process as well as the Conditions of Service.
