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Hon. Justice Buhari Sani of the Port Harcourt Judicial Division of the National Industrial Court has dismissed the suit filed by one Mr. Thankgod against the Nigerian Communications Commission, and 2 others for lack of proof and want of jurisdiction over the defamation claim.
The Court held that Mr Thankgod failed to establish the terms and conditions of his employment and consequently could not sustain his claims for wrongful termination, reinstatement, and damages' reliefs before the Court.
From facts, the claimant, Mr. Thankgod, had submitted that he was employed by the Office of the Nigerian Communications Commission and sought a declaration that the alleged termination of his appointment on 2/1/2023 via SMS is improper, wrongful, illegal, unconstitutional, null and void and against the principles of natural hearing.
Mr. Thankgod contended that his termination was wrongful, lacking due process, and was maliciously instigated and sought several declaratory and monetary reliefs, including a declaration that his termination via SMS was wrongful, reinstatement with payment of accrued salaries and benefits, damages for malicious instigation, damages for defamation, and damages for breach of contract.
In defence, the Nigerian Communications Commission maintained that ThankGod's employment termination decision was based purely on poor performance during probation, not on any form of misconduct, and that the claim of malicious instigation was based on hearsay and speculation, as the termination letter itself gave no reason.
Counsel to the NCC and others further argued that the claim for defamation was outside the jurisdiction of the Industrial Court and urged the Court to dismiss the case in its entirety.
In opposition, counsel to Mr Thankgod strongly posited that the Nigerian Communications Commission, Mr Tony Okpara, and Madam Venny Eze were proper parties to the suit and that the termination of his employment was wrongfully procured following the allegation of theft made against him.
In a well-considered Judgment, Hon. Justice Buhari Sani held that ThankGod failed to plead and lead evidence regarding the terms of employment so as to show in which manner the NCC and others breached the terms of their contract of employment.
On the claim for N5,000,000.00 against the Zonal Coordinator for malicious instigation, the Court held that the only evidence linking the Zonal Coordinator to the termination was hearsay, coming from a supervisor, who was not called as a witness by the Claimant, and that the termination notice itself did not mention the Zonal Coordinator.
Justice Sani reiterated that an employer is not bound to give a reason for termination, and it is not the business of the court to speculate on the motive, that he Claimant’s attempt to link the termination to the 3rd Defendant’s complaint is pure speculation, and a claim built on speculation cannot succeed.
The Court posited that ThankGod's case on the allegation of wrongful termination was unmeritorious, and that an employer can terminate the employment of a probationary officer if they are not satisfied with the officer's performance.
Justice Buhari Sani noted that the claim for defamation was purely tortious and outside the jurisdiction of the Industrial Court, thereby striking out the defamation claim for want of jurisdiction, dismissing the claims for lacking merit, and made no order as to costs.
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