CASE TITLE: ADO v. ABU GOVERNING COUNCIL & ORS (2022) LPELR-57675(CA)
JUDGMENT DATE: 1ST JUNE, 2022
PRACTICE AREA: LABOUR LAW
LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Labour Law.
FACTS:
This appeal against the decision of the National Industrial Court, Kaduna Division in Suit No. NICN/ABJ/348/2018 was delivered on the 4th day of February 2021 by Honorable Justice Sinmisola O. Adeniyi.
The facts of the case leading to this appeal as adduced from the pleadings at the trial Court are to the effect that the Appellant commenced an action challenging his unlawful termination /dismissal from Ahmadu Bello University, Zaria. The Appellant as a plaintiff in the Court below claimed against the Respondents as defendants, the following reliefs:
a. DECLARATION that the dismissal of the Claimant vide dismissal letter dated 11th February 2013 from the service of Ahmadu Bello University is unlawful, void and has no effect.
b. A DECLARATION that the claimant is still a staff of Ahmadu Bello University.
c. AN ORDER setting aside the dismissal letter dated 11th February 2013
d. AN ORDER directing the Defendants to pay the Claimant herein, all salaries and/or any other entitlement due or to which he is entitled from the day his salary was stopped to the day the Defendants comply with this order.
e. N12,000,000.00 (Twelve Million Naira) only General Damages.
f. Cost of action
And for such further order or other order(s) as the Honourable Court may deem fit to make in the circumstance of this case.
ALTERNATIVELY
a. AN ORDER directing the defendants to change the action taken on the claimant from Dismissal to Termination. And for such further order or other order(s) as the Honourable Court may deem fit to make.
The Appellant’s case at the trial Court was that he was suspended from his employment with the 1st Respondent based on a petition written to the Respondents. , while he was on suspension he received three queries by which he was alleged to have committed three different acts of misconduct. The Appellant replied to all the queries after which he was dismissed from service.
The Appellant then brought an action stating that he was not given a fair hearing and the trial court disagreed.
Dissatisfied with the judgment of the trial court, the Appellant filed this appeal.
ISSUES FOR DETERMINATION:
The Court determined the appeal based on the following issues for determination:
1. Whether the trial Judge was right to hold in his judgment that the onus is on the Appellant to prove that he did not appear before the Joint Committee of Council and Senate despite the unambiguous wording of the letter of invitation dated 18th January 2013 and dismissal letter dated 11th February 2013 among other documents.
2. Whether from the totality of the evidence and/or documents from the Respondents, a fair trial was indeed accorded to the Appellant at the Senior Staff Disciplinary Committee as enshrined in S. 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended when he was not given the opportunity to see and cross-examine any of the witnesses that testified against him to warrant his dismissal from the service of Ahmadu Bello University Zaria.
DECISION/HELD:
The appeal was found to be unmeritorious and was accordingly dismissed.
RATIOS:
- EVIDENCE- ADMISSION/ADMITTED FACT(S): Whether an admission is the best evidence against the person making it
- EVIDENCE- PUBLIC DOCUMENT: Status of any public document that has been certified as certified true copy and the effect thereof
- LABOUR LAW- DISMISSAL OF AN EMPLOYEE: Requirements before a decision can be taken to dismiss a senior staff of Ahmadu Bello University under Section 8(5) of the Ahmadu Bello University Law
