The Presiding Judge, Kaduna Judicial Division of National Industrial Court, His Lordship, Hon. Justice Sinmisola Adeniyi has declared the dismissal of Mr. Kabiru Rasheed from the Kaduna State Local Government Service Commission on February 2017 as invalid, unlawful, null and void and of no effect, ordered his reinstatement to the position of the Deputy Director of Administration and General Services with payment of all arrears of salaries, allowances and other entitlements from 2017 till date within 1 month.
The Court held that the commission did not fully comply with the provisions of the Public Service Rules in the purported termination, awarded the sum of Two Hundred and Fifty Thousand Naira in favour of Mr. Rasheed as cost of action.
From facts, the claimant’s- Kabiru Rasheed had submitted that he was employed in 1985 and was subsequently confirmed in 1994 that he rose through the ranks to the position of Deputy Director of Administration and General Services.
He maintained that prior to his purported dismissal in 2017, he was issued a query on alleged misconduct which he replied; that no further action was taken before he was dismissed that he made several representations to lodge complaints but all to no avail.
Furthermore, the commission counsel Sanusi Usman Esq. requested for the amicable settlement of the matter which was granted. Subsequently, it was reported by the learned counsel for the Claimant Isaac Idonta Esq. that parties were unable to reach amicable settlement and the Court adjourned for trial.
In defence, while the commission filed none, the claimant’s counsel Isaac Idonta Esq. submitted that the method of dismissal employed by the Defendants against the Claimant does not align with the provision of the extant law urged the Court to grant the relief sought.
Delivering the Judgment after careful evaluation of the processes filed, the presiding Judge, Justice Sinmisola Adeniyi held that the procedure laid down by such statute must be fully complied with in the discipline of an employee whose employment is statutory.
“I am quite convinced that the dismissal of the Claimant from the employment of the 1st Defendant did not follow the statutory procedure. To put it differently, the Claimant’s dismissal was improper, unlawful, null and void. I so hold.”