Esther Blankson, Abuja
The National Industrial Court has ordered the reinstatement of one Daniel Makolo to his former employer before he was summarily dismissed from service.
Delivering the judgement, Justice E. I Agbakoba ruled that Makolo should be reinstated “without loss of rank or position.”
The justice further directed the Nigerian Immigration Service, which is the 4th defendant in the suit, to pay him all his outstanding salaries, emoluments, allowances and other entitlements.
The suit marked; NICN/ABJ/337/2020 was filed by the claimant on November 18, 2020, following his dismissal from the NIS and the failure of his employers to allow him to participate in several promotional exercises for many years.
Cited as 1st to 6th defendants in the suit are the Minister of Interior, Chairman, Civil Defence, Correctional, Fire and Immigration Service Board; the board, Civil Defence, Correctional, Fire and Immigration Service Board; the Comptroller-General, Nigeria Immigration Service; Nigeria Immigration Service; the Head of Service of the Federation; the Attorney General of the Federation, Federal Republic of Nigeria
The claimant said barring the act of the defendants, “he ought to at least be of the rank of the Deputy Comptroller General Immigration in the service of the defendants on consolidated salary of DCG of Nigeria Immigration Service.”
Aggrieved by the treatment meted out to him by the defendants, the claimant through his counsel, David I. Adegbe, approached the National Industrial Court for relief.
Among the others, Makola sought the following reliefs: “A declaration that the suspension of the claimant from the service of the defendants is unlawful, wrongful, gruel, malicious, unconstitutional, null and void and of no effect whatsoever.
“A declaration that the dismissal of the claimant from the service of the defendant is unlawful, wrongful, cruel, malicious, unconstitutional, null and void and of no effect whatsoever.
“A declaration that the claimant is entitled to some level of care and support from the defendant in line with international level best practices when in poor health.
“An order reinstating the claimant to the employment of the defendant without loss of rank, position or privileges as his contemporaries still in the defendant’s service are now deputy comptroller Generals of the 4th defendant.
“An order placing the claimant on the rank of Deputy Comptroller General of 4th defendant with effect from 17th October 2016
“An order directing the defendants to forthwith pay the claimant all his outstanding salaries, emolument, allowances and other entitlements due to him from November 7, 2017, when his salary was stopped unlawfully till when the claimant is fully reinstated to the employment of the defendants without loss of rank, position and privileges as his contemporaries still in the service.
“An order directing the defendants to pay the claimant the sum of N500 million as exemplary damages for the malicious and cruel treatment meted to him deliberately by the 1st to 4th defendant and their officials on fabricated grounds for these years.
“And an order directing the defendant to pay the sum of N200 million as general damages for loss of rank, position, privileges and humiliations these years
“An order directing the defendants to forthwith pay the claimant the sum of N 20 million as the cost of this suit”.
The claimant, Makolo was employed as a senior officer in the service of the Federal Republic of Nigeria through the Ministry of Interior and was posted to the Nigerian Immigration Service.
Makolo stated that “he was dismissed unlawfully while challenging the 1st – 4th defendant’s refusal and failure to allow him to participate in several promotion exercises, conducted for several years by the 2nd defendant on grounds that he was facing disciplinary proceedings”.
Meanwhile, according to the claimant, he was made to face disciplinary proceedings for more than 15 years in the service of the defendants, contrary to the legal principles of fair hearings and natural justice.
The claimant stated that procedures are designed by the Public Service Rule not to exceed 60 days.
In the case filed before the court, the claimant through his counsel averred that “he was never queried nor asked any question or investigated”.
According to him, “he fought vigorously both through the courts and petitions before he got a letter of notification of clearance on March 2, 2017, on the orders of the National Security Adviser to Mr President and Commander in Chief of the Federal Republic of Nigeria and the fifth defendant’ – the Attorney General of the Federation.
The claimant stated that about eight months after these directives coupled with pressure from the Permanent Secretary of the Federal Ministry of Interior, the first and fourth defendants reluctantly issued the claimant letter notification of clearance vindicating him of any wrongdoings after several years of indignity, humiliation, stigma and infamy.
The claimant “averred that the promotion and disciplinary procedures are laid out by the Federal Civil Service Commission as customised by the defendant and that the guideline made provisions for notional and special promotion procedures when an officer has been cleared of disciplinary cases against him and his mates have been promoted ahead of him while he was facing disciplinary proceedings. That the claimant is entitled to notional promotion as such, however, this he was denied”.
The claimant equally stated that the 2nd defendant who has the power to appoint, promote and discipline the staff of the 4th defendant, inclusive of the 3rd defendant refused and neglected to protect him despite his repeated cries for help to her in writing.
He stated that “without asking, nor carrying out any inquiry, without hearing, no given opportunity to the claimant to be heard and defend himself, the 1st and 2nd defendant suspended the claimant and dismissed him without hearing from him based on purported accusation against him by the 3rd and 4th defendant officials, all of whom are subject to the controlling powers of the 2nd defendant in appointment, promotion and disciplinary matters as appointed staffs of the 4th defendant.
In their defence, the 1st to 4th defendants argued that the claimant failed to perform his official assignments and refused to honour his posting on 22 February 2017 to Maiduguri, Borno state command.
The defendants said that Makolo’s refusal to proceed on his posting was serious misconduct and earned him dismissal from service summarily.
They also claimed that the claimant failed to appear before the disciplinary committee in line with a fair hearing, hence, they refused liability for the claims demanded by Makolo calling it a “gold-digging exercise” and asked the court to dismiss it as frivolous, baseless and vexatious.
On his part, Makolo denied the joint statement of defence by the respondents stating he has never refused any transfer or posting in over 3 decades of his diligent service wherein he was transferred several times to different parts of the country.
He replied that he was not paid the necessary allowances for his transfer to fund his relocation and resettlement as contained in the Public Service Rules and Financial Regulations.
He said that it would have been unlawful for him to borrow money from his family or friends to perform his official duties.
He also informed the court through his statement of claim that he was still in his official apartment within the 4th defendant’s premises and he was following up daily on his request to decline his transfer proceedings on medical grounds, a condition he told the court was being managed by the defendant’s clinic within the same premises.
He denied ever being served with an alleged 14th June 2017 query and averred that he responded to the query of 28 August 2017.
Makolo also stated that he attended the service headquarters senior staff disciplinary committee on the 4th of October 2017 but that ” no accuser or witness testified against him to his knowledge, and no report of the committee or any other committee was presented to him there or afterwards, and that he was also not given any opportunity to ask anybody any question during the committee meeting, which never lasted for up to 20 minutes”.
Makolo said he sought to make a presentation though his apartment was broken into by the fourth defendant officials – the 4th defendant being the Nigerian Immigration Service officials.
He stated that the officials carted away all his belongings, and members of the committee kept complaining of time, and his request for copies of the report of the committee proceedings and the board was turned down despite his visitations to the various offices of members of the committee and the board.
The claimant added that no misconduct, bordering on refusal to accept posting, refusal to obey lawful superior orders and absence from work without leave was ever made against him successfully, or lawfully in his over 33 years of meritorious service to warrant the denials of promotions, suspension or dismissal.
He said that “none of the due process by Public Service rule on discipline nor promotions was followed by the employer, the 1st and 2nd defendant before issuing him the letters of suspension, stoppage of his salary and eventual dismissal”.
During the proceeding, the claimant tendered several documents including his suspension and dismissal letters among others.
The court carefully examined the position of both sides, the argument of opposing counsel and reviewed all the authorities cited with all the relevant processes and digested their written submission.
After identifying the issue as to whether the defendant’s action in suspending and dismissing the claimant was lawful including his denial of entitlement letter, the court led by Justice Agbakoba gave the verdict that ” the suspension of the claimant from the service of the defendant is unlawful, wrongful, null and void and of no effect whatsoever”.
“It is hereby declared that the dismissal of the claimant from the service of the defendant is unlawful, wrongful, null and void and of no effect whatsoever.
“It is hereby declared that the claimant is entitled to some level of care and support from the defendant in line with international best-level practices”.
Consequently, the court ordered that the claimant be ” reinstated to the employment of the defendants without loss of rank”.
“By the order of this court, the defendants are hereby directed to forthwith pay the claimant all outstanding salaries and emoluments, allowances and other entitlements to him from November 7th 2017 when his salary was stopped to when the claimant is fully reinstated to the employment of the defendant without loss of rank, position and privileges”, Justice Agbakoba ruled.
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