Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has refused the allegation of unlawful stoppage of salary claimed by one Innocent against the National Council for Arts and Culture, Chairman of the Governing Board and the Accountant General of the Federation for lacking merit.
The Court declared that Innocent was unlawfully paid salaries and allowances entered against his name from the IPPIS and ordered Innocent to refund the sum of N374,502.00 paid to him as salaries and allowances to the Federal Government Treasury within 60 days.
Justice Obaseki-Osaghae awarded the sum of N300,000 as cost in favour of the National Council for Arts and Culture, the Chairman of the Governing Board and the Accountant General of the Federation.
From facts, the Claimant-Innocent had submitted that he followed the laid down procedures of the Council for Arts and Culture in line with the Public Service Rules and that the disparities in the dates in his letter of assumption of duty and offer of appointment were caused by the National Council for Arts and Culture who is the author of the letters.
Innocent stated that he did not breach the Public Service Rules, and he was not queried on the grounds of fraudulent employment or fraudulent and illegal infiltration into the Council’s payroll and IPPIS Platform. He further stated that he did not face any disciplinary action from the Defendants that would warrant the non-payment of his monthly salaries from November 2014 to date and the deletion of his name from the National Council for Arts and Culture payroll and IPPIS Platform.
Innocent averred that the National Council for Arts and Culture and the Accountant General of the Federation without following disciplinary procedures outlined in the Public Service rules, and the approval of the Governing Board deleted his name from payroll and IPPIS Platform; and urged the Court to grant the reliefs sought in the interest of justice.
In defence, the National Council For Arts and Culture and the Chairman of the Governing Board averred that Innocent purported letter of employment dated 22nd July 2013 was not authorized or issued by the Council for Arts and Culture neither did the Council issue a letter of notification of assumption of duty to Innocent a year after the alleged offer letter was issued.
The Council stated that Innocent was unlawfully and fraudulently enrolled into the IPPIS Platform and the total sum of Three Hundred and Seventy-Four Thousand, Five Hundred and Two Naira only (374,502.00) paid by the Council was as a result of fraudulent misrepresentation given.
They stated that upon obtaining knowledge of the fraudulent appointment of Innocent and others, they immediately activated the disciplinary process against the staff involved and the concerned staff was dismissed from service.
Furthermore, the Accountant General of the Federation stated that its office acted on the request of the National Council for Arts and Culture and Chairman of the Governing Board by deleting the persons listed; and further stated that Innocent’s monthly salary was stopped because his employment was illegal.
The learned Assistant Chief State Counsel for the National Council For Arts and Culture, and the Chairman of the Governing Board, Tinuola Babalola argued that where a contract is made subject to the fulfilment of certain specified terms and conditions, the contract is not formed and not binding unless and until those terms and conditions are complied with or fulfilled, urged the Court to grant their counter-claim.
In opposition, the learned counsel to Innocent posited that the failure of the Council and its Governing Board to place before the Court the approval for recruitment exercise for a few persons in 2013/2014 to the exclusion of his client rendered the Council’s contention of non-approval of the Innocent’s appointment and illegality on this ground speculative, and urged the Court to grant the reliefs sought.
In a well-considered Judgment, the Presiding Judge, Justice Obaseki-Osaghae held that the evidence before the Court corroborates the assertion of the National Council for Arts and Culture, and the Chairman of the Governing Board that the letter of offer of appointment and the letter of notification of assumption of duty issued to Innocent was wrongfully issued without due process or authorization.
Justice Obaseki-Osaghae stated that there is no evidence placed before the Court by Innocent showing that the Council for Arts and Culture invited him for bio-metric capturing; nor is there evidence to show that as an employee of the Council for Arts and Culture he paid income tax and contributory Pension.
“From the totality of the evidence, it is apparent that the National Council for Arts and Culture, and the Chairman of the Governing Board did not authorize the employment of the Claimant. The Claimant has failed to prove to the satisfaction of the Court that he is a bona fide employee of the National Council for Arts and Culture and that he is entitled to the declarations he is seeking.” The Court ruled.
