The Presiding Judge, Awka Judicial Division of the National Industrial Court has dismissed the reinstatement claim filed by Mr. Sunday against Anambra State Civil Service Commission, and the Commissioner State Ministry of Lands for lacking merit.
From facts, the claimant- Mr. Sunday had submitted that the Anambra State Civil Service duly employed him as Gardener on Grade Level 02 step 1 and eventually rose to the rank of Senior Technical Assistant that after providing answers to the query issued to him on the allegation of misconduct, the Anambra State Civil Service Commission took no further step on the matter and that made him believe that the State Civil Service Commission had no reason to take further step(s) on the matter in view of his answer to the query.
Mr. Sunday stated further that surprisingly, sometime in September 2022, more than two years after, the defendants purported to have dismissed him from the State Civil Service with effect from 7th June 2018 in connection to the aforesaid allegation and no police investigation, no trial by a Court of competent jurisdiction, not even a fair hearing before the Interview Panel which turned into a Disciplinary Panel, yet the defendants feigned to dismiss him from the civil service.
In defence, the defendants- Anambra State Civil Service Commission, and the Commissioner State Ministry of Lands maintained that the dismissal of Mr. Sunday followed due procedure and that Mr. Sunday was given fair hearing, that there is no provision in the 1999 Constitution that Mr. Sunday must be first reported to the police, investigated by the police, prosecuted and found guilty before the Junior Staff Committee will determine his civil rights and obligations regarding his workplace.
To the defendants, Mr. Sunday’s claim that he heard nothing from the 2nd defendant after he answered the query and that he was never invited to the Disciplinary Committee of the Ministry was unfounded and unsubstantiated and urged the Court to dismiss the case.
In opposition, the learned counsel to Mr. Sunday argued that Public Service Rules provides that all disciplinary procedures must commence and be completed within 60 days except where it involves criminal cases that his dismissal after 2 years of query is against the Public Service Rules, and urged the Court to grant the reliefs sought in the interest of justice.
The learned Counsel averred that the purported disciplinary procedures against Mr. Sunday and the dismissal of Mr. Sunday are afflicted with illegality and unconstitutionality and are liable to be set aside by the Court.
Delivering judgment, the Presiding Judge, Justice John Targema stated that the contention of Mr. Sunday that he ought to have been reported to the police for investigation and be prosecuted and found guilty as charged before he can be dismissed is untenable and cannot be sustained.
Justice Targema held that reliance on Section 36 (1) of the 1999 Constitution by Mr. Sunday would accordingly be uncalled for, since the disciplinary process Mr. Sunday complains of is one composed of a body that is not a Court or Tribunal established by law as to enable Mr. Sunday assert that the Anambra State Civil Service Commission and the Commissioner State Ministry of Lands did not comply with Section 36 (1) of the 1999 Constitution.
The Court dismissed the case for lacking merit.
