Hon. Justice Isaac Essien of the National Industrial Court sitting in Makurdi Judicial Division has declared the employment termination of Mr. Lucky and 3 others from the service of Benue State Government as wrongful.
The Court held that the employment termination of Mr. Lucky and 3 others was done in breach of the terms and conditions of the contract of their employment with the Benue State Government.
Justice Essien ordered the Benue State Government to pay Mr. Lucky and 3 others the sum of One Million, Five Hundred and Eight-One Thousand, Five Hundred and Ninety-Six Naira (N1,581,596) as arrears of their unpaid salaries owed to them as at 23 May 2017 and the sum of Seventy-Five Thousand, Four Hundred and Ninety-Six Naira (N75,496) as their one month notice for damages, and the sum of N200,000 as cost of action.
From facts, the claimants- Mr. Lucky and 3 others had submitted that they were employed as casual staff by the Benue State Government to work at the Government House, and their appointment was converted to temporary appointment in the year 2015, and prior to the termination of their appointment on allegation of misconduct, the Benue State Government owed them backlog of salaries.
In defense, the defendants- Benue State Government and 2 Others maintained that the State Government exercised its powers to terminate Mr. Lucky and 3 others’ employment who were temporary staff in line with the rule of law and urged the court to dismiss the case in its entirety.
In opposition, the learned counsel to Mr. Lucky and 3 others, D. D. Aboshi Esq averred that his client was not subjected to any query and, urged the court to grant the reliefs sought.
Delivering judgment, the Presiding Judge, Justice Isaac Essien held that there is no evidence before the court that Mr. Lucky and 3 others were subjected to a disciplinary enquiry at which they were allowed to defend themselves on the allegation of gross misconduct.
The Court stated that the Benue State Government in terminating Mr. Lucky and 3 others’ failed to give them one month’s notice or one month’s salary in lieu of notice as stipulated in their letters of temporary appointment.
Justice Essien faulted the joining of the 2nd and 3rd defendants- Governor Benue State and the Benue State Ministry of Justice as parties to the suit that it makes no sense to join the Governor of Benue State in an action where the Government of Benue State is already a party, and also that it is the Attorney General of Benue state that ought to be joined instead of the Ministry of justice.
“There are no claims made against these parties. Order 13 Rule 14(2) of the National Industrial Court Civil Procedure Rules 2017 empowers this court to strike out the names of parties that are improperly joined in an action before the court. Relying on the powers enabling me in this regard and pursuant to the afore-mentioned rules it is hereby orders that the 2nd and 3rd defendants names be struck out as parties to this action.” The Court ruled.
