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Hon. Justice Gerald Nweneka of the Lagos Judicial Division of the National Industrial Court has dismissed the case filed by One Nickolas against the National Drug Law Enforcement Agency, challenging his termination of employment for filing out of time.
The Court held that Mr. Nicholas should have filed the action by August 2014, but the suit was filed on 18th July 2018, about 10 years after the cause of action accrued in contrary to the window provided by the Limitation Act.
From facts, the claimant- Mr Nicholas had submitted that he joined the NDLEA’s service on 5th October 1990, and rose to the rank of Deputy Superintendent of Narcotics in 2003, and received commendation for his services in a letter dated 6th September 1991.
Mr Nicholas averred that he was investigated for an alleged misconduct without being present during witness interviews and that he received a letter of interdiction on 25th October 2006, without any investigation report.
In defense, the Defendant asserts that Mr Nicholas' termination was done in line with due process, that investigations found Mr Nicholas culpable, and maintains that Mr Nicholas has been compensated with gratuity and pension enrolment.
Furthermore, the defendant- the National Drug Law Enforcement Agency, objected to the jurisdiction of the court on the ground that Mr Nicholas' suit, filed over 11 years after receiving his termination letter, is statute-barred by virtue of the Public Officers Protection Act, and urged the Court to dismiss the case.
In opposition, Counsel argued that Mr Nicholas was denied a fair hearing during the preliminary investigation that led to his interdiction, that his client had no opportunity to cross-examine the NDLEA's witnesses, an action that constituted a breach of his right to a fair hearing.
Mr. Nicholas' ongoing interdiction and unpaid emoluments create a new cause of action each month, making the action timely. Counsel concluded that Nicholas’s claims are exempt from being statute-barred under the Public Officers Protection Act and urged the Court to dismiss the preliminary objection as baseless and without merit.
In a well-considered judgment, the presiding Judge, Justice Gerald Nweneka reiterated that jurisdiction is the lifeblood of any adjudication, and in obedience to the Apex Court decision, held that the Public Officers Protection Act applies to employment contracts.
The Court found as a fact that there is no proof of service of the notice of punishment on Mr Nicholas, but Mr Nicholas would not have sought the State Governor’s intervention if he had not received the notice of termination. Therefore, he cannot feign ignorance of the termination of his appointment.
Justice Nweneka held that the case did not fall under continuing injury, as the cause of action arose on 2nd September 2008, and Mr Nicholas had three months within which to commence this action.
“Even if, as suggested by my learned brother, Arowosegbe, J., the Limitation Act applies, the Claimant should have filed this action by August 2014. Still, the suit was filed on 18th July 2018, about 10 years after the cause of action accrued. The cause of action was complete as of 2nd September 2008. Therefore, I agree with the Defendant that this suit is statute-barred and liable to be dismissed.” The Court ruled.
On whether the due process was followed in the termination of Mr Nicholas’s employment, the Court held that Mr Nicholas was not given an adequate opportunity to defend his conduct and was denied a fair hearing by the NDLEA, leading to the wrongful termination of his appointment.
However, Justice Nweneka found that Mr. Nicholas failed to provide a basis for reinstatement in his pleadings, evidence, or written submissions, as the Court cannot make assumptions in that regard, and reiterated that being employed by an agency of the Federal Government does not automatically classify the Claimant as a statutory employee.
“Despite the above, since the Public Officers Protection Act bars this suit, it is therefore dismissed. Each party shall bear its costs.” The Court ruled.
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