In a landmark decision, Hon. Justice Polycarp Haman of the Yenagoa Judicial Division of the National Industrial Court ruled that the Bayelsa State Government’s decision to halt the salaries and allowances of Ayawari Wisdom and 128 other staff members of the Bayelsa State Universal Basic Education Board (SUBEB) since January 2016 was unlawful, void, and wrongful.
The Court declared that these employees are entitled to receive their full salaries, allowances, promotions, and other benefits, as stipulated by their positions within the Bayelsa State Government and SUBEB. Justice Haman ordered that the Bayelsa State Government, the Attorney General, and the SUBEB must immediately compute and pay all accumulated salaries and benefits from January 2016 up to the date of judgment, and continue payments until these employees retire.
The claimants, who had been employed and confirmed by the Bayelsa State Government through SUBEB, had been receiving their entitlements regularly until their payments were abruptly stopped in January 2016. No formal reason or notification was provided for the stoppage, nor were any disciplinary actions taken, such as queries, dismissal, or suspension.
In defense, the Bayelsa State Government and its officials argued that the claimants’ employment had been terminated by their respective Local Government Education Authorities after a verification exercise revealed that their appointment letters had been fraudulently issued. They also contended that the claimants were not employees of the Bayelsa State Government and that the proper parties to the case should have been the Local Government Authorities.
However, the claimants’ legal counsel argued that despite any procedural irregularities in their recruitment, the Bayelsa State Government had, through its actions—such as paying salaries, confirming appointments, and promoting staff—effectively regularized their employment.
Justice Haman ruled in favor of the claimants, stating that their employment had been properly confirmed by the Bayelsa State Government and the SUBEB. The Court further noted that the Bayelsa State Government failed to provide any evidence to support its claim that the appointment letters were fraudulently obtained.
The ruling emphasized that the employer must act within the confines of the law, and since no formal disciplinary procedure had been followed, the stoppage of salaries was deemed unlawful and unjustified.
