The Presiding Judge, National Industrial Court, Yola Judicial division, His Lordship, Hon. Justice K. D. Damulak has nullified the appointment dissolution of 4 former Adamawa State Hospital Service Management Board.
The court held that the purported termination was done contrary to the provisions of the Adamawa State Hospital Service Management Board law, ordered Adamawa State Government to pay Mr John Mubi and 3 others, the sum of N85 Million naira as Salaries and entitlements within 30 days.
The claimants were appointed by the Adamawa State Government to serve as Board members of the Adamawa State Hospital Service Management Board in 2015 for three (3) years that after serving for about eight (8) months, the State Government terminated their appointments on 15th September 2015 via press release and appointed replacement without paying them their entitlements.
The Defendants raised a preliminary objection to the competence of the suit on the ground that the matter was filed in 2018 and the dissolution was done on 15th September 2018 against three months window grace allowed by the public officer protection law.
Counsel to the defendants also submitted that claimants accepted the decision of the State govt on the matter, considering their inefficiency to promote, provide any policy throughout their 8 months in office that the purported calculation or computation of their unpaid salaries and entitlements of all the claimants are baseless.
In opposition, the Counsel to the claimants opined that public officers (protection) laws of Adamawa State no longer applies to employment claims urged the court to grant their relief.
Delivering the Judgment, the presiding Judge, Justice Damulak held that the matter arose from an employment contract are exempted from the application of the Public Officers Protection Act and further that no evidence that the dissolution was as a result of claimants’ inefficiency to promote, provide any policy throughout their 8 months in office.
“This defence sought to be put up by the defendants herein fails. The dissolution of the claimants by a press statement for no known reason was contrary to the provisions of the Adamawa State Hospital Services Management Board Law, 2006 and therefore unlawful, null and void.” Justice Damulak ruled.
The Court ordered defendants to pay to each of the 1st, 2nd and 3rd claimants the sum of N41,857,849.82 and 4th claimant the sum of N44, 303, 851.20 being what they would have earned during their tenure and N200,000 cost of action within 30 days.