Industrial Court Dismisses Allegation of Unlawful Dismissal Claim Against Niger Delta University
Hon. Justice Bashar Alkali of the National Industrial Court, Yenagoa Judicial Division has dismissed the allegation of unlawful dismissal claim filed by one Okechukwu against Niger Delta University for destitute of merit.
The Court held that Okechukwu did not plead any condition of service which the Niger Delta University did not follow in dismissing him from service, and the Court will not disturb the decision of the University having found that Okechukwu was afforded a fair hearing.
Justice Alkali stated that the argument of Okechukwu that his dismissal from the service of the Niger Delta University is not in compliance with the condition of service of the University is too belated to be considered having not pleaded.
From facts, the claimant- Okechukwu had submitted that he performed his duties diligently without blemish since his employment, that his purported dismissal was unlawful, and urged the Court to grant the reliefs sought.
In defence, the Defendant- Niger Delta University maintained that Okechukwu was properly queried, and was made to face the Senior Staff Disciplinary Committee (SSDC), which culminated in his dismissal having been found liable.
In a well-considered judgment, the presiding Judge, Justice Bashar Alkali held that the business of the Court is not to meddle in the decision of the University but rather to determine whether the decision reached by the Institution complies with the laid down rules of the fair hearing and the Conditions of Service of the University if any.
The Court noted that Okechukwu did not through his pleading challenge the proceeding of the Senior Staff Disciplinary Committee of the Niger Delta University which led to his dismissal.
Justice Alkali stated that throughout the proceedings of the Senior Staff Disciplinary Committee of the Niger Delta University, Okechukwu was afforded a fair hearing and he did not in his pleading complaint that he was not afforded a fair hearing.
“The case of the Claimant is bound to fail for the reason that the Claimant does not by his pleading and evidence challenge his dismissal from the service of the Defendant on any ground; the Claimant was afforded a fair hearing and this Court will not disturb the decision of the Defendant having found that the Claimant was afforded a fair hearing.”
