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The Presiding Judge, Bauchi Judicial Division of the National Industrial Court, Hon. Justice Mustapha Tijjani, has dismissed the suit filed by one Juji against Federal University Gashua and its Governing Council, challenging his dismissal from service.
The Court held that Juji failed to establish that his dismissal by Federal University Gashua was unlawful, irregular, or in breach of fair hearing and due process.
From facts, the claimant, Mr. Ubayo Juji, had sought declarations that his dismissal from the service of Federal University Gashua was unlawful, null, and void, alongside orders setting aside the dismissal, reinstating him to his employment with full benefits and payment of damages.
Mr. Juji maintained that his dismissal was not in compliance with the conditions of service regulating his statutory employment and argued that he was not accorded a fair hearing before the disciplinary action was taken.
In defence, Federal University Gashua and its Governing Council contended that following verification of Mr. Juji's employment records, it was discovered from correspondence received from Bauchi State University and Federal Polytechnic Bauchi that Mr. Juji presented questionable academic records.
Federal University Gashua and its Governing Council further maintained that the information supplied by Mr. Ubayo Juji, particularly documents relating to his promotion and employment status, misled the University into employment.
In conclusion, Federal University Gashua and its Governing Council urged the Court to uphold the dismissal of Juji, arguing that the dismissal was in line with the Regulations Governing the Conditions of Service of Senior Staff of the University.
In a well-considered judgment, Hon. Justice Mustapha Tijjani held that Mr. Juji was afforded sufficient opportunity to explain the allegations made against him, having been issued a request for explanation, responded through his solicitors, and also appeared before the investigative committee constituted by the Federal University Gashua and its Governing Council.
The Court held that Mr. Juji could not successfully contend denial of a fair hearing after admitting that he appeared before the disciplinary committee and was allowed to state his position regarding the allegations against him.
Justice Mustapha Tijjani reasoned that evidence before the Court, including responses from Bauchi State University and Federal Polytechnic Bauchi, revealed inconsistencies in the Claimant’s employment history and sufficiently established concealment and suppression of material facts used in securing employment and promotion with Federal University Gashua.
“The Claimant, therefore, cannot claim denial of fair hearing even after admitting he was accorded all the opportunity to be heard. Fair hearing only entails according all the opportunity to be heard. I so hold.
“The Claimant’s summary dismissal is upheld, and his case is entirely dismissed due to its lack of merit. Judgment is entered accordingly.” Justice Mustapha Tijjani held.