His Lordship, Hon. Justice Rakiya Haastrup of the Abuja Judicial division of the National Industrial Court has set aside the indefinite suspension of Mrs. Onipe Zainab from service, ordered Nigerian Educational Research and Development Council to immediately reinstate her with all rights, benefits, and entitlements; as well as payment of all her outstanding salaries from the date of suspension August 2011 till date.
The Court held that Onipe Zainab cannot be suspended at the pleasure of the Council or without compliance to the Public Service Rules and Regulations which governed her appointment; declared the indefinite suspension as unlawful, wrongful, and of no effect.
From facts, the claimant- Onipe Zainab had submitted that she was suspended indefinitely on alleged misconduct instead of the 3 months suspension period as prescribed by the Act establishing the agency that after the criminal charge against her was struck out at the Federal High Court that her employer refused to lift her suspension, urged the court to grant the reliefs sought.
In defense, the defendant- NERDC submitted that a case was established against Zainab’s by the investigation report which led to her suspension pending the determination of the criminal charge at the Federal High Court, that the agency action was done in accordance with the law, urged the Court to dismiss the suit in its entirety for being frivolous and lacking in merit.
The agency submitted further that Zainab had absconded for 5 years from her trial, and only applied for reinstatement when she discovered that the criminal case against her was struck out. That her reappearance has now made it possible for the criminal case against her to be reinstituted at the Federal High Court, and cannot be reinstated until the matter is determined on its merits.
In opposition, the claimant’s counsel Musa Yahaya Esq averred that the facts reproduced by the agency were barren and not supported by law, urged the Court to discountenance submissions of agency in the interest of justice.
Delivering the judgment after careful perusal of the submission of both parties, the presiding Judge, Justice Rakiya Haastrup held that no provision for indefinite suspension in the relationship between the parties that the agency has clearly breached the terms of Zainab’s conditions of service.
Justice Haastrup further held that the agency failed to adduce any evidence of Zainab conviction before any Court of law on the allegation against her and no further evidence was presented to the effect that there is a pending charge against her after the initial suit was struck out.
Lastly, the Court held that the agency did not follow the proper procedures laid down in NERDC Act, Public Service Rules in suspending the claimant.
