Industrial Court Nullifies compulsory retirement of Ass. Chief Accountant from Civil Service, Orders reinstatement
The Presiding Judge, Benin Judicial Division of the National Industrial Court, Hon. Justice Adunola Adewemimo has declared the purported compulsory retirement of Ass. Chief Accountant, Prince Efedhoma from the Edo State Civil Service as wrongful, unlawful, illegal, unconstitutional, null and void ab initio.
The Court held that the procedure adopted by the Edo State Universal Basic Education Board and Edo State Civil Service Commission in the compulsory retirement of Prince Efedhoma from the State Civil Service dated 4th of March, 2022 is improper, unlawful and contrary to Rules and express provisions of the Extant Edo State Civil Service Rules and principles of natural justice and fair hearing.
Justice Adewemimo ordered Edo State Civil Service Commission to reinstate Prince Efedhoma to the State Civil Service as Assistant Chief Accountant, GL. 13 without any loss of work, seniority, salaries, allowances and other emoluments and benefits with payment of all his salaries and entitlements from the month of March 2022 and all other outstanding months for the period of his compulsory retirement from the Civil Service until he is finally reinstated.
From facts, the claimant- Prince Efedhoma had submitted that he was employed by the Edo State Civil Service Commission as a Higher Executive Officer (Accounts) and rose to the rank of the Assistant Chief Accountant, and functioned as the Director of Finance of the Edo State Universal Basic Education Board before he was compulsorily retired.
He testified that there was a mistake that occurred while performing his duties and he succeeded in correcting the error. However, to his surprise, he was issued queries on the issue and responded to same, thereafter, he with some other staff appeared before the Disciplinary Panel of the State Civil Service Commission on the allegation of misconduct.
Prince Efedhoma alleged that Edo State Universal Basic Education Board and Edo State Civil Service Commission breached the State Civil Service Rules in the process leading to his compulsory retirement from service.
In defense, the defendants- Edo State Universal Basic Education Board and Edo State Civil Service Commission submitted that Prince Efedhoma was negligent in performing his duties, and this amounts to misconduct contrary to the provisions of the State Civil Service Rules.
The defendants maintained that the employment termination of Prince Efedhoma was done with recourse to due process of law as provided in the rules guiding his appointment, and urged the court to dismiss the case in its entirety for lacking merit.
In opposition, the claimant’s counsel, Professor J. O. Odion argued that the grave allegation for which the queries were issued to his client were unproven. He urged the court to uphold Prince Efedhoma’s unchallenged evidence that the error committed was an honest and genuine mistake.
Counsel further argued that the testimony of the defendants that the powers were delegated to the Edo State Universal Basic Education Board cannot hold water as the delegation of the power to dismiss can only be true for staff within the rank of Grade Level 01-06.
Delivering the judgment, the presiding judge, Justice Adunola Adewemimo held that a close scrutiny of the exhibit tendered clearly reveals that the Edo State Civil Service Commission was in no way represented on the panel, nor any documentary evidence to back up the oral evidence of the defendant of such a delegation.
The Court held that the provision of the Edo State Civil Service Rule bestows the power to set up a board of inquiry on the State Civil Service Commission when the allegation against an officer carries the penalty of dismissal/termination.
Justice Adewemimo ruled that the defendants’ contention that the power to discipline officers on Grade level 13 and above, has been delegated to the State Universal Basic Education Board is unsupported taking into account the allegation levied against Prince Efedhoma.
The Court held that Edo State Universal Basic Education Board and Edo State Civil Service Commission breached the provisions of the State Civil Service Rules in the procedure leading up to the compulsory retirement of Prince Efedhoma.
