The Presiding Judge, Benin Judicial Division of the National Industrial Court, Hon. Justice Adunola Adewemimo has declared the purported dismissal of Mr. Roland Eigbe from the service of Edo State House of Assembly Service Commission for being unjustifiable, unlawful, null and void.
The Court held that the action of the Edo State House of Assembly Service Commission and 2 others that led to the dismissal of Mr. Roland from the service are in clear breach of the Labour Act and ILO Convention.
Justice Adewemimo ordered the Edo State House of Assembly Service Commission, Its Chairman and one Audu to reinstate Mr Roland to his former position with all his salaries, allowances and other entitlements paid from the date of the purported dismissal year 2020 till he is finally reinstated with the sum of N500,000.00k as exemplary damages within 60 days.
From facts, the claimant, Mr Roland Eigbe, had submitted that he instituted a suit against the Clerk of the Assembly for the unlawful dissolution of the Edo State chapter of the Parliamentary Assembly Staff Association of Nigeria (PASAN) and the directive to surcharge his salaries. He alleged that while the suit was ongoing, he was issued a letter of promotion. Still, he was refused endorsement, and the Edo State House of Assembly Service Commission subsequently withdrew the promotion letter.
Mr. Roland averred that series of events culminated in the dismissal of his appointment from the Edo State House of Assembly Service Commission on the grounds of a reorganization exercise, which he alleged to be false, unlawful, unconstitutional, null and void.
Mr. Roland testified that all internal mechanisms deployed to remedy the situation were proved abortive.
In defence, the defendants- Edo State House of Assembly Service Commission and 2 others denied all the allegations in the statement of facts and averred that the termination of Mr. Roland’s employment was due to a re-organization exercise in the Commission.
They averred further that Mr. Roland’s promotion letter was withdrawn as a result of discrepancies in his Annual Performance Evaluation Reports (APER) form. The Commission’s witness testified that the letter of dismissal issued to Mr. Roland was done in error, hence same was replaced with a letter of termination.
The defence counsel argued that the joinder of the Edo State House of Assembly Service Commission Chairman and Clerk of the House of Assembly in their personal capacity in the suit is wrongful, and urged the Court to strike out their names.
In a well-considered judgment, the Presiding Judge, Justice Adunola Adewimimo, stated that the defendants, having ascribed Mr Roland’s dismissal/termination to a re-organisation exercise, bear the burden to prove the same.
The Court ruled that there is no evidence that a disciplinary procedure was initiated against Mr. Roland in any way and the reason adduced for the termination/dismissal of Mr. Roland’s employment was unsupported by the Rules.
While recognizing the employer’s right to restructure or reorganise its establishment for the purpose of operational requirements, Justice Adewemimo maintained that due regard must be given to the international labour standard, and the Labour Act, in other to avoid victimisation and vindictiveness in the exercise.
The Court stated that the Edo State House of Assembly Service Commission and 2 others did not adduce any evidence of the re-organisation exercise, and failed to debunk the contention that their action was a result of the case Mr. Roland and two others filed against the Clerk of the House of Assembly.
“In this regard, the withdrawal of claimant’s promotion without fair hearing, and his eventual dismissal due to “re-organisation” was undefended, coupled with the content of Exhibit A9, which clearly reveals an agenda of retribution against the claimant.” Justice Adewemimo ruled.
