The National Industrial Court of Nigeria (NICN), Jos Judicial Division, presided over by Hon. Justice Ibrahim Galadima, has declared the indefinite suspension of Mr. Yakubu, a senior staff of the Nigerian Institute of Leather and Science Technology, as improper, wrongful, unconstitutional, null and void.
The Court held that the suspension, which exceeded the two-month limit prescribed under the Conditions of Service and the Federal Public Service Rules, was procedurally and substantively flawed.
Justice Galadima issued the following directives:
– Reinstatement: The Government of the Federation, Attorney-General of the Federation, Minister of Science and Technology, Federal Civil Service Commission, and the Nigerian Institute of Leather and Science Technology were ordered to reinstate Mr. Yakubu to his employment with full benefits within 14 days.
– Monetary Awards: The defendants were further ordered to pay:
– ₦5.8 million in outstanding salaries, entitlements, and emoluments (March 2018 – July 2020).
– ₦732,000 in unremitted pension deductions.
– ₦6.6 million in liability claims.
– ₦470,000 in unpaid promotion arrears.
– ₦1 million as cost of action.
These sums are to be paid within 30 days.
– Perpetual Injunction: The Court restrained the defendants, their agents, or privies from further suspending or disengaging Mr. Yakubu except in strict compliance with due process, the Conditions of Service, and the Public Service Rules, until he attains the statutory retirement age of 65 years or completes 35 years of service.
Mr. Yakubu was disciplined in October 2017 for sending an offensive WhatsApp message, for which he received a strong warning and a transfer. Despite this, on 6th March 2018, he received a backdated letter (27th February 2018) indefinitely suspending him without pay, on allegations of re-circulating the message and ignoring an official invitation.
He argued that the invitation was never properly delivered and that the suspension amounted to double punishment.
The 1st and 2nd defendants (Government of the Federation and Attorney-General) appeared in court but failed to file any pleadings. The 3rd and 5th defendants (Minister of Science and Technology and the Institute) filed processes but called no witnesses.
Counsel to the claimant, Olufemi Olubiyi, Esq., argued that disciplinary measures under statutory employment must strictly comply with the Public Service Rules, and any deviation renders such action null and void.
Justice Galadima affirmed that:
– The employment relationship was statutory, governed by the Public Service Rules.
– The indefinite suspension without a hearing violated the claimant’s rights to fair hearing and due process.
– The action of the Institute was illegal, unconstitutional, and procedurally defective.
This judgment reinforces the principle that disciplinary measures in statutory employment must strictly comply with laid-down procedures. It also underscores the judiciary’s role in curbing arbitrary administrative actions and protecting the constitutional rights of public servants.
