Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has nullified the purported dismissal of Mr. Olushola Anjorin from service of the National Film and Video Censors Board; ordered for his immediate reinstatement as Assistant Director on Grade level 15, with all the rights and privileges.
The Court also ordered the National Film and Video Censors Board and its CEO to immediately release the 2018 promotion of Mr. Olushola to Assistant Director in the Department of Operations on Salary Grade level 15 and pay him the difference in salary and emoluments and the outstanding balance of N600,000.00 (Six Hundred Thousand Naira) being his baggage and passage allowance upon his transfer to Abuja and payment of his salaries, allowances and all other entitlements due to him when his salary and allowances were wrongfully stopped from August 2018 till date.
Justice Obaseki-Osaghae declared that the procedure that led to the dismissal of Mr. Olushola by the National Film and Video Censors Board and the Senior Management Committee is unconstitutional, null and void and of no effect being in contravention of the Constitution of Nigeria, 1999 as amended.
The Court also granted an order of an Injunction restraining the National Film and Video Censors Board, CEO, their servants and/or agents from preventing Mr. Olushola from performing the functions and duties as Assistant Director, Operations or from interfering with his enjoyment of the rights, privileges and benefits attached to the said office.
From facts, the Claimant- Mr. Olushola Anjorin had averred that the claim that he absconded is untrue and was shocked when his salary was not paid since August 2018, and there was not communication to him on the stoppage of his salary or the reason for it.
He alleged that it was the agency’s CEO who directed that he be queried, stopped his salary, and dismissed him for alleged abscondment without a fair hearing using the Senior Management Committee that is unknown to the Public Service Rules.
Mr. Olushola maintained that he cannot be summarily dismissed by the National Film and Video Censors Board without following the procedure contained in the Public Service Rules, and urged the Court to grant the reliefs sought.
In defence, the Defendants- National Film and Video Censors Board stated that the board did not breach any of the provisions of the Public Service Rules; that Mr. Olushola violated the provisions of the Public Service Rules by proceeding on study leave without approval, and the Governing Board of the 1st Defendant considered the query and Mr. Olushola’s defence at the meeting of 26/3/2019 before handing down the verdict of dismissal.
In opposition, Counsel to Mr. Olushola, Prof. J. O. Amupitan SAN argued that the board contravened the disciplinary procedure when the allegations against his client were not referred to the Governing Board for trial and the procedure adopted in disciplining Mr. Olushola failed to meet the requirement of natural justice and fair hearing.
Replying on the point of law, the learned defence counsel submitted that the procedure adopted by the National Film and Video Censors Board complied with the provisions of Public Service Rules and urged the Court to dismiss the case in its entirety.
In a well-considered judgment, the presiding Judge, Justice Obaseki-Osaghae held that the stoppage of Mr. Olushola’s salary is a severe disciplinary sanction that may only be meted out by the Governing Council following compliance with the disciplinary procedure in the Public Service Rules.
Justice Obaseki-Osaghae stated that there is no evidence that the matter against Mr. Olushola was investigated or referred to the Governing Council to enable it notify him (Mr. Olushola) in writing the ground on which it proposed to discipline him as required by the Rule; neither is there evidence that he was given access to any document or report used against him.
The Court held that the CEO of the National Film and Video Censors Board constituted himself as the accuser, the prosecutor, and the judge all at the same time which is contrary to the mandatory provisions of the Public Service Rules.
Justice Obaseki stated that the National Film and Video Censors Board as a Federal Government statutory body/Parastatal must carry out its activities in line with its governing laws, rules and procedures.
The Court declared that the removal of Mr. Olushola Anjorin from the payroll of the Defendant and the stoppage of his salary by the CEO of the board without the approval of the Governing Board since August 2018, and without being tried and found guilty of any misconduct, and withholding of the promotion of Mr. Olushola to the rank of Assistant Director Grade Level 15 ultra vires the powers of the CEO, unconstitutional, null and void and of no effect.
