The Presiding Judge, Akure Judicial division of the National Industrial Court, Hon. Justice Kiyersohot Damulak has nullified the purported dismissal of one John Audu from Service for being unlawful and contrary to the Public Service Rule and natural justice.
The Court ordered the National Youth Service Corps to pay Mr Audu the sum of Four Million, Nine Hundred and Fifty-Five Thousand, Three Hundred and Ninety-One Naira only (N4,955,391.00) as his monthly salaries during the period of suspension from February 2015 to June 2019 within 30 days.
Justice Damulak stated that the NYSC had no power under the Public Service Rules to impose a punishment of dismissal on Mr. Audu being a grade level 10 officer, and ordered his reinstatement to his erstwhile position until his retirement on 15th June 2019 and ordered the National Youth Service Corps to compute and pay his gratuity and to place him on pension.
From facts, the claimant- Mr Audu had submitted that he was a staff of the NYSC since 1984 and rose through the ranks to the position of Principal Executive Officer II on salary grade level 10 until his purported dismissal via a letter dated 14th March 2018.
He averred that he replied to a query, and a five-man panel constituted to investigate the allegation issued him a warning letter some months after exactly 9th April 2015 he was directed to proceed on suspension for three months in the first instance pending the determination of his case by the Senior Staff Committee.
Mr Audu averred that on 23rd November 2015, he was handed a letter dated 15th October 2015 purportedly dismissing him from service with immediate effect without giving a fair hearing.
He wrote an Appeal letter to the Director-General and Human Resource Manager of the National Youth Service Corps, he appeared before the committee to re-investigate the allegation of misconduct levelled against him, and to his dismay, he received another letter on 3rd day of April 2018 purportedly dismissed him from service with immediate effect.
In defence, the defendant- National Youth Service Corps maintained that Mr. Audu was given a fair hearing and his dismissal was in accordance with the NYSC Conditions of Service 2013, and urged the court to dismiss the case in its entirety.
In opposition, the counsel to Mr Audu stated that by virtue of the letter of dismissal dated 14th March 2018, his client was still in the employment of the NYSC until the date when his employment was purportedly dismissed and thus entitled to all benefits accrued to him.
In a well-considered judgment, the presiding judge, Justice Kiyersohot Damulak held that having served Mr. Audu a warning letter, NYSC cannot upon these same set of facts again proceed to dismiss Mr. Audu from service.
Justice Damulak held that the National Youth Service Corps has the power to discipline only officers on GL 13 and below and it can only dismiss officers on GL 6 and below, that the dismissal of Mr. Audu by the NYSC ultra vires its power.
Justice Damulak held that Mr Audu was not given fair hearing and the letter of warning dated 11/2/2015 issued to Mr Audu was already a form of punishment which precluded the NYSC from further punishing him for the same offence and ordered the National Youth Service Corps to compute and pay Mr Audu his gratuity and to place him on pension.
