His Lordship, Hon. Justice Oyebiola Oyewumi of the National Industrial Court of Nigeria, Abuja Judicial division has nullified the employment termination of assistant director Nigerian Export Promotion Council, Mrs Tokunbo Adeyemi ordered immediate reinstatement with payment of salaries and allowances from June 2016 till date.

The Court held that Adeyemi’s employment was unlawfully terminated and in breach of the rules of fair hearing, conditions of service and against the Public Service Rules.

From facts, the claimant- Mrs Tokunbo Adeyemi had submitted that she was an employee of the Nigerian Export Promotion Council and rose to the position of Assistant Director until her employment was terminated by the agency on the 15th of October, 2018 for service no longer required with effect from June 2016.

The Claimant Learned counsel J. D. Taidi Esq submitted that the procedure provided for removal of a senior public officer as contained in the Public Service Rules were not followed as claimant was not afforded the opportunity to defend the allegation of misconduct levied against her by the agency urged the Court to so hold.

In defense, The Nigerian Export Promotion Council and its Executive Director – 2nd and 3rd defendants in joint response averred that claimant appointment was terminated following the laid down procedure in the Public Service Rules and as a result of the claimant’s repeated breaches to the Public Service Rules that claimant cannot allege that she was not afforded a fair hearing because she was granted an opportunity to defend herself at every stage of the disciplinary process.

The defendants’ counsel Usman A.A. Esq contended that claimant was afforded a fair hearing and failed to plead and show which aspect of his conditions of service that was breached, that she admitted under cross-examination that she appeared and testified before the SCC and the Establishment Committee of the NEPC governing board that it was the governing Board that gave the decision that terminated the employment of the claimant in line with the Public Service Rules.

Counsel concluded that from the plethora of evidence adduced before the Court, the claimant is not entitled to reliefs sought, urged the Court to so hold.

Delivering judgment, the presiding Judge, Justice Oyebiola Oyewumi held that if any disciplinary action is to be taken pursuant to any statute, law or rule, there must be full compliance as required before such disciplinary action can be properly based or justified.

“It is not in contention that the basis of the termination of the claimant’s appointment was predicated on so many allegations of misconduct and serious misconduct by the 2nd and 3rd defendants. Therefore, the letter of termination stating that claimant’s employment was terminated for services no longer required is to me an afterthought and goes contrary to the facts on record as well as the queries issued against the claimant and the extract of the Governing Board decision.

“There is nothing evincing that there was an actual meeting of the Establishment Committee and its proceeding upon which the Board of the 2nd defendant predicated its decision. The minutes of the establishment committee or its report upon which the Council acted is not before the Court.

“It is in this light that I find that the decision of the Governing Board predicated on the purported Establishment Committee and the Senior Staff Committee Meeting constituted by the 2nd and 3rd defendant is against the plain provision of the Public Service Rules, it is thus unlawful and in consequence the termination of the claimant’s employment is unlawful, a breach of the claimant’s right to a fair hearing and null and void. I so find and hold.

An Abuja Area Court in Karmo on Friday dismissed the case of certificate forgery filed against Ahmed Ndakene, member representing Idu/Moro/Pategi Federal Constituency, Kwara State.

Ndakene was brought before the court on the alleged criminal breach of section 88(1), 89(3) and 109c of the Administrative Criminal Justice Act ( ACJA) 2015.

The nominal complainant, Mahmud Babako, a candidate of the Peoples Democratic Party ( PDP) in the election that Ndakene emerged as the winner, under the All Progressive Congress ( APC), alleged that he (Ndakene) forged his certificates.

Babako also alleged that the said forged document was presented to Independent National Electoral Commission (INEC) in the form he used to contest for the election.

Delivering judgment, the judge Ismail Jibril, dismissed the suit.

Jibril held that the decision of the court was based on the police report earlier read by the court clerk.

The judge in addition discharged the defendant and ordered that a copy of the police report be made available to the counsel representing both parties.

The prosecution argued that the police was tasked by law to find out the authenticity of the credentials presented and used by Ndakene for the election, whether they were forged or not.

In a report, the police also said wrote to Independent Electoral Commission (INEC), West African Examination Council (WAEC) and Ahmadu Bello University, Zaria.

The report concluded that WAEC issued a certificate after Ndakene claimed he lost his original statement of result in August 21, 2012 and was issued attestation of result by WAEC.

According to the report, the Ministry of Education, Minna confirmed that Ndakene’s name was on the list of students that sat for November/December 1990 examination.

The police report equally claimed that the school principal of Government Science College, Kagara, Niger, between 2010 and 2016, Ahmed Paiko who was recorded on audio and camera confirmed that he was the one that issued and signed the statement of result in 2013.

The report stated that the investigation failed to prove a case of prima facile of forgery and giving false evidence on oath against the suspect.

The conclusion of the report said that it was eventually clear that Ndakene’s certificates and results were genuine as contained in the documents he submitted at INEC to contest for the seat of House of representative.