The National Industrial Court, Jos, has declared the suspension and termination of six staff members of the College of Arts, Science and Remedial, Kurgwi, by the Plateau State Governor, Caleb Mutfwang, as illegal, null, and void, ordering their immediate reinstatement to their respective positions in line with their letters of appointment.
In addition to reinstatement, the Court ordered that each of the affected staff be paid ₦5 million as general damages against the Plateau State Governor, Plateau State Attorney General, and the College of Arts, Science and Remedial, jointly and severally, for the collective pain and suffering imposed on them, to be paid within 30 days.
In a judgment delivered by Justice Ibrahim Galadima on Wednesday, the Court held that Governor Mutfwang has no power or authority to suspend, terminate, nullify, or in any way interfere with the employments or appointments of staff who are duly engaged in the services of the College.
The case arose after Mr. Ajiji Nyako, Mr. Samson Choji, and four other staff members, who were duly appointed by the College and paid through December 2022, were abruptly suspended and terminated by the Governor’s office.
Nyako, Choji, and the others averred that their appointments were duly advertised in accordance with the law, that they participated in the interview process conducted by the College, and that none held political office or were appointed on political grounds.
In defense, the 1st respondent, the government, argued that it uncovered pervasive irregularities in recruitment across state ministries and agencies, set up an investigative panel, and published its recommendations in a White Paper. It noted that the workers’ appointments, made at the end of the previous governor’s term and beyond his authority, were invalid, so they had no claim to back pay.
The 2nd and 3rd respondents, the State Attorney General and the College, submitted that Nyako, Choji, and others failed to resume duty immediately after their letters of appointment, never secured confirmation of their employment, and their performance fell short of the diligence required by the College’s establishing law.
The Counsel further stated that the constituted panel uncovered procedural irregularities, including the lack of public advertisement and interviews, and that the Governor adopted the report, recommending suspension and termination.
Defending counsel also argued that each applicant’s letter of appointment expressly describes a two-year probationary period, indicating that confirmation in the permanent establishment had not occurred and that the employer retained the right to terminate during probation. They submitted that an aggrieved probationer cannot force reinstatement against the employer’s wishes.
Objecting to these claims, the applicants’ counsel, Nantok Dashuwar Esq., R.I. Pantuvo Esq., and E.S. Buf Esq., argued that no provision confers on the Governor unilateral power over these appointments, and that only the appointing authority may terminate a statutory appointment.
Delivering his judgment after hearing from both sides, Justice Galadima affirmed that being on probation does not remove the employment relationship from the Court’s jurisdiction. The Court reiterated that probationary status does not negate the statutory nature of their employments and that their appointments can only be terminated in accordance with the statutes and relevant instruments of the College.
Justice Galadima stated that the defendants’ failure to prove Nyako, Choji, and the four others’ involvement in the alleged irregularities substantially weakened their defense and exposed them to a successful challenge on grounds of unfairness and violation of the applicants’ right to a fair hearing.
After ruling that the respondents had no power to suspend or terminate the staff, the Court ordered that the six workers be reinstated to their respective positions and paid ₦5 million each as general damages within 30 days.
