The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has declared that the decision of Plateau Radio Television Corporation, Plateau State Civil Service Commission and 2 others to promote Mr Chollom’s colleagues to Levels 16 and 15, while refusing to promote him despite his superior qualifications, amounted to discrimination.
The Court granted an order requiring the Plateau Radio Television Corporation, Plateau State Civil Service Commission and 2 others to pay MR. CHOLLOM all allowances he earned as Acting Director, and those he would have received as Director, for the period from 2017 until his retirement in 2020.
Justice Galadima further granted an order annulling the decisions of the Plateau Radio Television Corporation, the Plateau State Civil Service Commission, and 2 others, based on a petition never served on MR. CHOLLOM, and directed the defendants to compute and pay MR. CHOLLOM pension and gratuity at Salary Grade Level 15, with the sum of N2.5m as damages, N500,000 cost of action within 60 days.
From facts, the claimant- MR. CHOLLOM, a retiree of the Plateau State Radio Television Corporation, had submitted that he rose through the ranks and, effective January 1, 2014, was promoted to Deputy Director of Engineering.
After the retirement of the then-Director of Engineering, MR. CHOLLOM averred that he was appointed Acting Director of Engineering, until the Plateau Radio Television Corporation wrote to him directing that he hand over reason being that his “upper ceiling” was Grade Level 14—he had not undergone the required conversion to the Engineering Officer Cadre and therefore lacked the COREN certification needed to occupy a director’s post alongside a qualified Officer Cadre engineer.
Complying with the directive, he wrote to the Chairman of the 3rd defendant—via the Head of Service—and to the General Manager of the Plateau Radio Television Corporation. In a letter dated 29 September 2018, the Chairman explained that under the Scheme of Service, only COREN certification, not NATE qualification, is recognized for conversion, advancement, or promotion.
MR. CHOLLOM pointed out that several of his juniors obtained their COREN certification in 2018 without any adverse effect on their promotions, whereas his own COREN certification, submitted in 2017, resulted in his demotion.
MR. CHOLLOM points to Circulars from the Office of the Head of the Civil Service of the Federation, by which a Higher National Diploma was declared equivalent to a university degree. He contends that once the conditions of the Scheme of Service are met, an HND holder may legitimately advance beyond Grade Level 14.
In defense, the Plateau Radio Television Corporation, Plateau State Civil Service Commission and 2 others contended that MR. CHOLLOM’s promotion to Grade Level 15 as Deputy Director of Engineering was made in error and was rescinded under the 2000 Scheme of Service, upon discovering the mistake, they wrote to him on 23 January 2018 to inform him that his maximum grade was 14, not 15, and he accepted.
The defendants further explained that under the applicable rules, a promotion to officer-cadre only matures three years after presentation of the qualifying certificate; that the claimant submitted his COREN certificate in July 2017, he would only have been eligible for promotion on July 9, 2021, by which time he had already retired on April 26, 2020, precluding any advancement.
The defendants denied any mistreatment of MR. CHOLLOM. They also stated that MR. CHOLLOM, together with others, all held their COREN certificates and were awaiting promotion in 2021, but the claimant retired before his promotion could take effect.
Counsel further submits that MR. CHOLLOM’s action is time-barred, having been commenced more than three months after the alleged wrong, and urged the court to dismiss the case for lack of jurisdiction.
In opposition, the MR. CHOLLOM maintained that he served as Acting Director of Engineering at Grade Level 15, not Grade Level 14, and insisted that his colleague retired at Grade Level 16. He stressed that he held both NATE and COREN certificates and that the defendants never told him his removal was based on a lack of COREN qualification, and he was never giving opportunity to defend the alleged petition against him.
In a well-considered judgment, the presiding judge, Justice Ibrahim Galadima, reiterated that the Public Officers’ Protection Act and comparable limitation laws do not extend to disputes over employment contracts, salaries, pensions or gratuities.
The Court noted that MR. CHOLLOM’s demotion in rank and the removal from the Acting Director of Engineering post were purportedly based on the third defendant’s decision, as per the Head of Civil Service’s consideration of, and ruling on a petition that was not served on MR. CHOLLOM.
Justice Galadima stated that alhough MR. CHOLLOM did not specify the condition in the 2000 Scheme of Service that an HND holder must satisfy to progress beyond Grade Level 14, the Court relies on the explanation set out in Circular from the Federal Head of Civil Service’s office, reproduced as Exhibit D10 (a letter from the Plateau State Head of Civil Service) that provides that HND holders who also possess the professional qualifications and memberships of bodies approved by the National Council on Establishment—such as COREN, ICAN, ANAN, and the like—are eligible for conversion into the Officer Cadre and advancement beyond Grade Level 14.
The Court also found that, despite addressing MR. CHOLLOM’s situation, the Plateau Radio Television nevertheless promoted several officers from Grade Level 14 to Grade Level 15 without COREN certification at the time of demoting MR. CHOLLOM.
The Court answered the question of whether the defendants treated the claimant differently in the affirmative, and held that MR. CHOLLOM was indeed subjected to disparate treatment, and the way the claimant was treated—compared to others in similar circumstances at the first defendant—amounts to clear discrimination.
Justice Galadima reasoned that the defendants accept that the claimant was neither notified of nor invited to any meetings at which the petition against him was decided. MR. CHOLLOM was never given the opportunity to answer any allegations before being demoted from GL-15 to GL-14, having held GL-15 for about four years shows he was denied a fair hearing and thus had his constitutional rights infringed.
