The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has declared the purported dismissal of Deputy Director (Engineering), Mr. Ahmed Ibrahim from service of the Kaduna State Water Corporation as contained in the letter dated 30th November 2018 as unlawful, null and void.
The Court ordered the reinstatement of Mr. Ahmed Ibrahim with the payment of all his unpaid salaries, allowances, emoluments and other privileges accruable to him from 1st December 2018 till date within 30 days.
Justice Adeniyi held that the procedure prescribed in the Kaduna State Public Service Rules was not observed in dismissing Mr. Ibrahim from service, and such dismissal founded on non-compliance with the laid down procedure of the Public Service Rules cannot stand.
From facts, the Claimant- Mr. Ahmed Ibrahim had contended that the Kaduna State Water Corporation and Kaduna State Ministry for Public Works and Infrastructure breached the laid down procedure of the Public Service Rules in dismissing his appointment, that no allegation was levelled against him in the letter of invitation.
In defense, the Defendants- Kaduna State Water Corporation and Kaduna State Ministry for Public Works And Infrastructure maintained that the dismissal of Mr. Ibrahim was validly done as prescribed by the Public Service Rules as he was given verbal query and that having appeared before a Committee set up to investigate the allegations leading to his dismissal, he was given a reasonable fair hearing within the context of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
They averred that a case of serious misconduct was established against Mr. Ibrahim and a recommendation was made by the Committee for employment termination, but the Government in the exercise of its discretion dismissed him from service.
In opposition, the Claimant deny the allegations that were levelled against him and urged the Court to discountenance the Defendants’ Committee Report as same cannot justify his dismissal, urged the Court to hold that the Defendants did not comply with the procedure stipulated in the Kaduna State Public Service Rules.
Delivering the judgment after careful analysis of the submissions of both parties, the presiding Judge, Justice Sinmisola Adeniyi held that the Kaduna State Water Corporation and Kaduna State Ministry for Public Works and Infrastructure’s argument that fair hearing was accorded to Mr. Ibrahim by giving him an oral/verbal query and by inviting him to appear before the Committee before his dismissal was absurd, misconceived and contrary to the clear provisions of the Kaduna State PSR on dismissal of an officer in the Civil Service.
The Court held that the Kaduna State Water Corporation and Kaduna State Ministry for Public Works and Infrastructure did not strictly and fully comply with the provisions of the Kaduna State PSR in dismissing Mr. Ibrahim from service and the purported dismissal was set aside.