Hon. Justice Bashar Alkali of the National Industrial Court, Yenagoa Judicial Division has dismissed the allegation of unlawful dismissal claim filed by Dr. Okechukwu against Niger Delta University for destitute of merit.
The Court held that Dr. Okechukwu did not plead any condition of service which the Niger Delta University did not follow in dismissing him, and the Court will not disturb the decision of the University having found that Dr. Okechukwu was afforded a fair hearing.
Justice Alkali stated that the argument of Dr. Okechukwu that his dismissal from the service of the Niger Delta University is not in compliance with the condition of service of the University is too belated to be considered having not pleaded.
From facts, the claimant- Dr. Okechukwu had submitted that he was engaged as a full-time lecturer and he performed his duties diligently without blemish since his employment, that his purported dismissal was unlawful.
He averred that he had the consent of the University through his faculty to publish the book in aid of teaching and research which is his primary obligation as an academic and he did not personally sell the book to students of the institution at any point in time nor did he make the purchase of the same a condition precedent by students either to sit for his course(s), tests or any other academic requirement in the course of his employment.
In defence, the Defendant- Niger Delta University maintained that it never at any time granted Dr. Okechukwu consent or authority to produce a Book, that Dr. Okechukwu made the purchase of the said book a condition precedent for tests or continuous assessment; that Dr. Okechukwu was properly queried, and was made to face the Senior Staff Disciplinary Committee (SSDC), which culminated in his dismissal having been found liable.
The University maintained that Dr. Okechukwu never provided any document authorizing him to sell the book as he claims and he affirmed under cross-examination that he had no approval, urged the court to dismiss the case.
In a well-considered judgment, the presiding Judge, Justice Bashar Alkali held that the business of the Court is not to meddle in the decision of the Defendant but rather to determine whether the decision reached by the Defendant complies with the laid down rules of the fair hearing and the Conditions of Service of the Defendant if any.
The Court noted that Dr. Okechukwu did not through his pleading challenge the proceeding of the Senior Staff Disciplinary Committee of the Niger Delta University which led to his dismissal.
Justice Alkali stated that throughout the proceedings of the Senior Staff Disciplinary Committee of the Defendant, Dr. Okechukwu was afforded a fair hearing and he did not in his pleading complaint that he was not afforded a fair hearing.
“The case of the Claimant is bound to fail for the reason that the Claimant does not by his pleading and evidence challenge his dismissal from the service of the Defendant on any ground; the Claimant was afforded a fair hearing and this Court will not disturb the decision of the Defendant having found that the Claimant was afforded a fair hearing.”