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The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has declared the dismissal of a former staff member of Kaduna Electricity Distribution Plc, Mr. Ameh, as wrongful.
The Court ordered the Defendant to pay Mr Ameh the sum of N493,750.00 salaries from September, 2022 to January 2023 when the Claimant was suspended without pay, and the sum of N1,000,000.00 (One Million Naira) general damages for wrongful employment termination and the sum of N500,000.00 as cost of action.
Justice Alkali held that the indefinite suspension and subsequent dismissal of Mr Ameh were done in breach of fair hearing and contrary to the clear provisions of the company’s disciplinary procedures as contained in its Employees’ Conditions of Service.
From Facts, the claimant, Mr. Ameh, told the Court that he was first employed by the defunct National Electric Power Authority (NEPA) and later by the Power Holding Company of Nigeria (PHCN) before being absorbed by Kaduna Electric in 2015.
Mr. Ameh stated that he denied the allegation levelled against him, and contended that his dismissal was unlawful, as he was never found guilty by any panel, and the punishment imposed was not recognised under the company’s disciplinary code.
In Defence, the Defendants- Kaduna Electricity Distribution argued that Mr Ameh admitted to the allegation and that the company followed due process and acted within its right to dismiss him in accordance with its Conditions of Service.
In Opposition, the Counsel for Mr Ameh, Emmanuel Agwungwu Esq argued that the offences alleged did not warrant dismissal and that his client, being a first-time offender, could only have been given a minor sanction under the company’s Sanction Grid. Therefore, the counsel urged the court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, Hon. Justice Bashar Alkali held that the indefinite suspension of Mr. Ameh without pay was contrary to the company’s rules, which limit such measures to a specific period and require a definite conclusion.
The Court found that the Kaduna Electricity Distribution failed to establish that the disciplinary procedure set out in the company’s rules was duly followed before the dismissal of Mr Ameh from service.
Justice Alkali declared that Kaduna Electricity Distribution’s action, having been done without proper investigation and outside the permissible sanctions, was wrongful and contrary to the company’s policy.
In view of this, the Court therefore held that Mr. Ameh’s termination from Kaduna Electricity Distribution was wrongful and directed the Defendant to pay him all outstanding salaries for the period of his suspension, together with interest and general damages for the unlawful termination.
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