By Glory Abuh-Adejoh
Abuja – The National Industrial Court, Abuja, on Monday dismissed a suit filed by Michael Okata, seeking payment of N1.92 million expended for treatment of bone dislocation and ‘spiritual attack.’
The judge, Justice Benedict Kanyip, dismissed the suit for lacking in merit.
Okata’s former employer, Office of Head of Civil Service of the Federation, dismissed him for absconding from duty, an offence that bordered on serious misconduct.
Delivering judgment on the suit filed by Okata, Kanyip said whether or not the claimant was an employee of the defendant was not in doubt.
Kanyip also said the dates the claimant claimed he received treatment were different from the dates on the receipts issued for treatment.
He said this meant some of the documents tendered as evidence were undated and not admissible.
The judge added that the claimant’s evidence was not believable as he claimed he was moved from one healing place to another, which implied that he visited different doctors, and yet he presented receipts from only two doctors.
He also said the defendant dismissed the claimant for absconding from duty which was reasonable cause.
Kanyip said there was no evidence before the court to show that the sick leave the claimant applied for was granted.
He said the defendant followed the Public Service Rule by demanding for reasons the claimant abandoned his duty post for eight years via a query.
He said it was when the Junior Staff Disciplinary Committee was not satisfied by the claimant’s explanation that his dismissal was recommended.
The judge said that all the reliefs sought by the claimant in the suit failed in its entirety and accordingly dismissed the suit
The claimant in the suit, said he was a clerical officer on Grade Level 04, and while performing his official duties of dispatching files, on May 15, 2008, at 7:47p.m. fell down and “sustained acute dislocation on his legs, hips and waist.’’
He claimed he got a medical advice from a district hospital to take time off work in order not to worsen his condition.
Okata added that he applied for sick leave and his supervisor granted him an oral permission to enable him sought for traditional treatment.
Okata said his salary was stopped in December, 2008, but due to the state of his health he could not confront the defendant to demand for his salary until Oct. 2016 when he was fit to travel down to Abuja.
He said he was issued query and dismissed on March 21, 2018 which necessitated his instituting the suit.
He sought among other reliefs a declaration that his dismissal was wrongful, illegal, null, void and of no effect.
The claimant also demanded payment of N1.92 million he spend on treating the dislocation and ‘spiritual attack’ he suffered as a result of the accident.
He said the defendant was responsible for the dislocation and spiritual attack, because he had the accident in the defendant’s premises.
The claimant further asked for payment of N10 million as general damages, N5 million as exemplary damages and N2 million as cost of prosecuting the suit.
The defence counsel, David Agbonifo said the claimant’s application for sick leave was never granted before he absconded from his duty post for eight years.
Agbonifo said the claimant appeared suddenly in 2016 to demand for payment of his salaries and allowances from January 2008 to 2016.
The counsel also said that the claimant did not sustain the injuries while in the office as the office had closed at the time he said he had the accident.