The Presiding Judge, Kaduna Judicial division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has nullified the employment termination of one Umaru Jamo from Kaduna State Independent Electoral Commission; ordered his reinstatement to the position of Principal Executive Officer II with payment of all salaries, allowances, and other employment from 20th May 2019 till date within 30 days.
The Court declared the decision taken by the Kaduna State Independent Electoral Commission to terminate the Umaru’s appointment at the Special Meeting of Human Resource and Corporate Governance Committee of the agency on 15th May 2019 as illegal, null and void, and of no effect whatsoever.
From facts, the claimant- Umaru Jamo had submitted that the purported disciplinary procedure adopted by the Commission which culminated in the termination of his appointment was not in compliance with the Guidelines for Appointments, Promotions, and Discipline of Officers issued by the Kaduna State Civil Service Commission and he was not given the opportunity to be heard.
In defense, the Defendant- Kaduna State Independent Electoral Commission maintained that it complied with the provisions of the law in terminating Umaru's appointment and that disciplinary action was set up because the reasons given by Umaru in his reply to the query were unsatisfactory and the committees gave the recommendation for the termination of his appointment.
Learned counsel also argued that based on the apology and plea for the reversal of the termination of his appointment, the Claimant had admitted to the act of misconduct and no further proof is required by the Defendant to establish that the termination of his appointment was unlawful, urged the court to dismiss the case.
In opposition, the claimant's counsel, Sanusi Musa Esq. averred that the procedure adopted by the Kaduna Electoral Commission was in breach of principles of natural justice required of an administrative body, and urged the court to grant the reliefs sought.
After careful evaluation of the submission of both parties, delivering the judgment, the presiding Judge, Justice Sinmisola Adeniyi held that the Kaduna Electoral Commission did not adopt the procedure prescribed in Guidelines for Appointments, Promotions, and Discipline of Officers in terminating the appointment of Mr. Umaru from office.
Justice Adeniyi further held that the argument of the learned commission's counsel that Umaru had pleaded for the reversal of the termination of his appointment and thereby admitted committing the offense is a total misconception of the law.
The Court continued that the termination of Umaru Jamo’s appointment was not in accordance with the law, and the argument of the Kaduna Electoral Commission that Mr. Umaru had been given the opportunity to defend himself by the issuance of a query without proof that he was invited to the special committee that investigated the allegations is untenable.
