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Hon. Justice Emmanuel Subilim of the Abuja Judicial Division of the National Industrial Court has ordered the Federal Road Safety Commission to reabsorb Mr Ipeh into its employment at the same rank and grade level he occupied before the termination of his appointment.
The Court entered judgment in accordance with the terms of the settlement consented to by both parties, in substantial compliance with the rules of the court.
Justice Subilim held that the reabsorption of Mr Ipeh shall take effect in May 2026, being the date the Terms of Settlement were adopted as the Consent Judgment of the Court, and directed that he resume duties as may be directed by the Federal Road Safety Commission.
From facts, the claimant- Mr Ipeh had submitted that he was an employee of the Federal Road Safety Commission and while on patrol duty, he arrested a tipper driver for a seatbelt violation and was offered a tip by the driver. He maintained that he intended to report the attempted inducement to his team leader, who allegedly tore the money and discarded it before he could fully explain the circumstances.
Mr Ipeh stated that following the incident, he was questioned by a surveillance team, invited for further investigation, and later transferred to Port Harcourt, where he continued to serve. Mr Ipeh maintained that his appointment was subsequently terminated without being issued a query, formally charged, or allowed to defend himself, and consequently sought reinstatement, payment of salaries and benefits, damages, and costs.
In defence, the defendants, the Federal Road Safety Commission and the Corps Marshal, maintained that Mr Ipeh violated established patrol procedures and that written statements were obtained from members of the patrol team and the Unit Commander, following which a disciplinary panel was constituted to investigate the allegations against Mr Ipeh.
The Federal Road Safety Commission and others stated that Mr Ipeh was afforded a fair hearing, after which the panel forwarded its findings and recommendations for review in accordance with the applicable regulations and conditions of service before his appointment was subsequently terminated.
During the proceedings, counsel informed the Court that the parties had commenced discussions towards an amicable settlement of the dispute and subsequently filed comprehensive Terms of Settlement for adoption by the Court.
In a well-considered judgment, Hon. Justice Emmanuel Subilim stated that the parties voluntarily adopted the Terms of Settlement and that the Court had carefully examined the terms and found them to be in compliance with the provisions of Court (Civil Procedure) Rules 2017.
The Court held that the Terms of Settlement shall constitute the full and final resolution of the dispute and accordingly entered them as the Consent Judgment of the Court.
Justice Subilim also stated that the Terms of Settlement shall form an integral part of the conditions of service binding on both Mr Ipeh and the Federal Road Safety Commission, and that Mr Ipeh shall strictly abide by the Federal Road Safety Commission (Establishment) Act, the Public Service Rules, applicable regulations, and the Commission's Conditions of Service.
The Court finally held that Mr Ipeh shall have no further claims whatsoever against the Federal Road Safety Commission and the Corps Marshal in respect of the subject matter of the suit, and judgment was entered accordingly.
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