Industrial Court Nullifies Suspension of Dr. Akpapunam from Service since 2016, Orders Immediate Recall
The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashir Alkali has nullified the indefinite suspension of Dr. Akpapunam by the Director of the Federal Neuro-Psychiatric Hospital, Kaduna without recourse to the laid down procedure as contained in the Public Service Rules.
Justice Alkali stated that no provision in Dr. Akpapunam’s employment allows indefinite suspension with or without pay, and the Federal Neuro-Psychiatric Hospital Kaduna, its Director, and Board cannot act incongruously with those terms of employment.
Justice Alkali directed the Federal Neuro-Psychiatric Hospital Kaduna, to immediately recall Mrs Akpapunam back to her position and to compute and pay all her salaries and entitlements from when she was suspended, year 2016 till date.
From facts, the claimant- Dr. Akpapunam, had submitted that she received a letter of inquiry on alleged misconduct. She averred that she went for her examination and got a text message to appear before the Board, Appointment, Promotion and Disciplinary Committee (AP&DC), which she responded via email notifying the Secretary of the Board and copied the Deputy Director of the Federal Neuro-Psychiatric Hospital of her inability to appear before the Board.
She averred that on the 29th June, 2016 she received an invitation dated 24th June, 2016 to appear before Senior Staff Appointment Promotion and Disciplinary Committee on the 1st of July, 2016, unfortunately she felt ill and she was told to take some time off to rest, thus she was given Medical Certificate for Excused Duty Dated 30th of June, 2016, that her husband took her Medical Certificate for Excuse Duty along with her Progress Report to the Hospital and it was received on the 30th of June, 2016.
On the 1st of July 2016 her husband and Solicitors were at the Neuro-Psychiatric Hospital premises at Board Room to represent her but to her utter shock they were not allowed to enter the Board Room until the panel dispersed; and the Defendants tried serving Claimant’s Solicitors a letter, which her Solicitors refused to collect as they were not allowed to represent her.
Dr. Akpapunam stated that on the 4th of July, 2016 on her resumption back to work, the Federal Neuro-Psychiatric Hospital, tried serving her a letter of suspension to which she refused to collect, as it was bore out of hatred and victimization and she was not heard before the letter was written and served on her.
In defence, the defendants- Federal Neuro-Psychiatric Hospital Kaduna, its Director and Board alleged that Dr. Akpapunam was found of an alleged action which constitutes gross misconduct in the Civil service and was issued with a letter of inquiry, but her reply was not satisfactory and she was issued with a query letter.
The Hospital posited that Dr. Akpapunam refused, neglected and failed to attend the panel before Bthe oard committee, which is insubordination in civil service and constituted gross misconduct. In addition, the supervisory team went on a visit to another location where Dr. Akpapunam was posted to only to discover that Dr. Akpapunam did not report for the posting.
The defendants argued that Dr. Akpapunam refused to honour the invitation of the panel and failed to inform the panel of her alleged predicament until the day of the hearing which is in total violation and negation of extant rules.
In opposition, Dr. Akpapunam’s counsel, Ibinola Esq argued that the purported suspension of his client’s Employment is not lawful, the reason being that Public Service provides that suspension should not be used as a synonym for interdiction, and urged the Court to grant the reliefs sought.
Delivering Judgment after careful evaluation of the submission of both parties, the Presiding Judge, Justice Bashar Alkali held that there is no provision in the terms of Dr. Akpapunam’s employment which empowers the Federal Neuro-Psychiatric Hospital Kaduna, its Director and Board to put Dr. Akpapunam on indefinite suspension without pay.
The Court reiterated that an employer has the right to suspend an employee whenever necessary, with or without pay. However, the employer cannot suspend without pay where there is no express or contractual right to do so.
Justice Alkali stated that there is no provision in terms of Dr. Akpapunam’s employment which allows indefinite suspension with or without pay and the Federal Neuro-Psychiatric Hospital Kaduna, its Director and Board cannot act incongruously with the terms of Dr. Akpapunam’s employment.
The Court awarded damages in the sum of N3,000,000 (Three Million Naira Only) against the Federal Neuro-Psychiatric Hospital Kaduna, its Director and Board jointly and severally for the unlawful acts against Dr. Akpapunam.
