By Glory Abuh-Adejoh
Abuja – The National Industrial Court, Abuja, on Thursday affirmed the termination of employment of Emmanuel Njoba, an ex- staff of Independent Corrupt Practices and Other Related Offences Commission ( ICPC), as lawful.
Delivering judgment, Justice Olufunke Anuwe, held that the court determined the case based on whether the claimant’s employment was validly terminated in accordance with the terms of the defendant’s condition of service.
Anuwe said because the nature of the claimant’s employment was that of statutory flavour, therefore, the employer (defendant) could not terminate the contract without strict adherence to the provisions or terms and conditions before the removal of the claimant.
The judge further said the claimant alleged that his employment was terminated on disciplinary grounds, and that the process was irregular and not in accordance with the terms and conditions of the defendant’s conditions of service.
The judge said however, the letter of termination stated that his employment was terminated in line with Rule 030101 of the conditions of service, and the reason given for the termination was based on services no longer required and not on disciplinary ground.
In addition she said that the condition as provided by Rule 030101 stated that the defendant may at any time and without being obliged to state reasons, terminate the appointment of its staff.
So long as one month’s notice or one month’s salary in lieu of notice is given.
She said “ the claimant said he received the letter of termination on July 1,2015 and he was informed that the termination will take effect 30 days from the date of the letter.
” That is to say the claimant was given one month’s notice, therefore, the defendant complied with the requirement of Rule 030101 when it terminated the claimant’s employment.
” I find that the claimant’s employment was terminated by the defendant in accordance with the provisions of the condition of service.
” The termination of the claimant’s employment, not being on disciplinary grounds, was not unlawful or null and void. I find no merit in the claimant’s suit. The suit is hereby dismissed” she concluded.
The claimant’s counsel, Yusuf Abdullahi, submitted that his client who was a Store keeper and Maintenance officer at the defendant’s Training Academy office, in Keffi was dismissed on disciplinary grounds and stipulated guidelines were not followed.
He therefore sought for order directing the defendant to reinstate, pay all his salaries, allowances and benefits from the time his appointment was terminated.
He equally sought for payment of the sum of N250,000 as cost for prosecuting the suit.
According to the defence counsel, Eko Ejembi due process was followed in the termination of the claimant’s employment.
