The Presiding Judge, Kaduna Judicial division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has dismissed the case filed by one Bashir against Federal College Of Education, Zaria, its Provost, Chairman Governing Council, and registrar on alleged wrongful employment termination for lacking in merit and substance.
Justice Adeniyi held that Bashir did not adduce any shred of evidence on alleged breach of the terms of his employment or the manner in which the college breached the procedure stipulated by the law in terminating his appointment.
From facts, the claimant- Bashir had submitted that he was employed by the Federal College Of Education, Zaria as a Health Assistant and he rose through the ranks to the post of Senior Health Assistant, that he wrote an application to upgrade his post to the position of a lecturer but rather than grant his application, he was posted to the position of messenger/cleaner which he rejected, and that his refusal resulted to the suspension and termination of his appointment.
He further averred that the termination of his appointment was unlawful, and sought reinstatement, payment of his arrears of salaries, allowances, and general damages.
In defense, the defendants' Learned Counsel, Yemi Adekunle Esq maintained that the termination of the Bashir’s appointment was done in compliance with the procedure as stipulated in the College’s Condition of Service and that Bashir had failed to prove the manner in which the College breached his contract of employment, urged the Court to dismiss the case in its entirety.
Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Sinmisola Adeniyi held that for defendant's action to be unlawful, the Claimant must prove that there was a departure from the prescribed procedure or that in applying the procedure there was violation of the rule of natural justice so as to render the formal compliance a travesty.
Justice Adeniyi affirmed that Bashir did not adduce any shred of evidence on alleged breach of the terms of his employment or the manner in which the College breached the procedure stipulated by the law in terminating his appointment.
“In the instant case, therefore, the Claimant having admitted that he received queries and that he was invited to defend the allegations, I am satisfied that the Defendants did not breach the terms and conditions stipulated in Section 5.4 of Exhibit C10 and the Public Service Rules.
“Having held that the termination of the Claimant’s appointment was not unlawful, his claims for reinstatement, arrears of salaries, and allowances cannot be granted since these reliefs are hinged on the termination being unlawful. Reliefs 2, 3, 4, and 5 for reinstatement, payment of arrears of salaries, allowances, and general damages are accordingly refused.”
