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– Ondo State Civil Service Commission is not a debt recovery Agency – Court declares
The Presiding Judge, Akure Judicial Division of the National Industrial Court, Hon. Justice K.D. Damulak has declared the suspension and compulsory retirement of a Deputy Director, Mr. Adeola by the Ondo State Civil Service Commission as unlawful, null, void, and of no legal effect whatsoever.
The Court held that the issue in contention concerns the personal life of Mr Adeola and not one that could be termed financial embarrassment, as it was not a transaction conducted at the Adeola’s workplace; and that the issue is one of pure indebtedness that should ordinarily not concern an employer unless it interfered with the Adeola’s work.
Justice Damulak ordered the Ondo State Government, its Attorney General and the State Civil Service Commission to reinstate Mr Adeola until his lawful retirement, with payment of outstanding salaries and accruing allowances from April 2020 to date, and the sum of N500,000 only as the cost of litigation.
From facts, the claimant, Mr Adeola, a Deputy Director in the Ondo State Civil Service, had submitted that the transaction between him and one Adamu over a travel ticket was personal and did not in any way affect or embarrass the Ondo State Civil Service, adding that the Nigeria Police had investigated the matter and found him not culpable.
Mr Adeola further maintained that the panels set up by the Ministries involved were biased and that he was never given a fair opportunity to defend himself on all allegations, and urged the Court to grant the reliefs sought.
In defense, the Defendants – Ondo State Civil Service Commission, Ondo State Government and its Attorney General argued that Adeola was found culpable of misconduct, and that his compulsory retirement was carried out in accordance with the Civil Service Rules.
The defendants contended that Adeola's actions warranted disciplinary actions, including compulsory retirement, and urged the Court to dismiss the case in its entirety.
In a well-considered judgment, Justice Damulak reiterated that where statutory employment is involved, strict compliance with the laid-down disciplinary procedure is mandatory, and any action taken outside the rules is null and void.
Justice Damulak ruled that the suspension of Mr Adeola was a vindictive one, which the Court will not allow to stand because the Ondo State Civil Service Commission is not a debt recovery Agency and cannot make refusal of Adeola to pay his debt as a ground for his suspension.
Justice Damulak held that Adeola was not given a fair hearing by the committee that tried him, as the issue of the transaction between Mr Adeola and his friend was a private matter for which the police had cleared Adeola and could not later form the basis of Adeola's compulsory retirement from service.
The Court granted an order restraining the Ondo State Civil Service Commission, Ondo State Government and Its Attorney General, their privies, allies, agents or any person taking instruction directly or indirectly from them from victimizing, harassing and embarrassing Mr Adeola.
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