The National Industrial Court in Abuja has declared the compulsory retirement of Comrade Isidore Opara by the Amalgamated Union of Public Corporations, Civil Service Technical and Recreational Services Employees wrongful, ruling that the action failed to comply with the union’s Conditions of Service.
In a judgment delivered by Justice Rakiya Bosede Haastrup, the court converted the compulsory retirement into a termination of employment and awarded Opara three months’ salary in lieu of notice.
The court also ordered the union and two other defendants to pay Opara all outstanding salaries and allowances due to him, including half salary for the period of his suspension, transfer allowances, leave and medical allowances, outstanding 13th-month salaries, N3 million in general damages, 10 per cent post-judgment interest, and N500,000 as the cost of the suit.
The ruling followed Opara’s challenge of his retirement, which took effect in July 2019.
According to court records, Opara joined the union in 1994 and rose through the ranks to become Assistant General Secretary. He said he was qualified and had applied for elevation to the position of General Secretary but was unexpectedly issued a letter of compulsory retirement.
Opara argued that he had neither attained the retirement age of 65 nor completed the required 40 years of service when he was retired. He maintained that the reason given in the retirement letter — that his services were no longer required — was unlawful and contrary to the union’s Constitution and Conditions of Service.
The claimant also challenged the appointment of Comrade Sikiru as General Secretary and sought reinstatement, alongside several declarations and monetary claims.
However, the union and the other defendants defended the retirement, insisting that it was lawful and carried out under the powers vested in the National Executive Council by the Conditions of Service.
The defendants argued that Opara’s productivity had declined and that the decision to retire him was justified. They further contended that he failed to provide sufficient evidence to support the financial claims contained in the suit and urged the court to dismiss the case.
Counsel to the claimant, Gregory T. Okeke, argued that the reason stated in the retirement letter did not fall within any of the recognised grounds for compulsory retirement under the union’s Staff Conditions and Scheme of Service. He therefore urged the court to declare the retirement wrongful.
In her judgment, Justice Haastrup held that, while the National Executive Council had the authority to retire staff on grounds such as ill health, declining productivity, or operational changes within the union, the retirement letter issued to Opara specifically stated that his services were no longer required.
The judge ruled that the defendants could not subsequently rely on declining productivity as justification because that reason was not stated in the retirement letter. She therefore held that the compulsory retirement failed to comply with the applicable Conditions of Service governing the employment relationship between the parties.
Justice Haastrup also found that Opara’s suspension without pay violated the union’s Conditions of Service, which entitled a suspended employee to receive half salary during the period of suspension. Consequently, the court ordered the defendants to pay him half of his salary from August 2010 to September 2011.
The court further held that Opara was entitled to outstanding leave allowances, medical allowances, and 13th-month salaries in accordance with the salary structure that was in force when the entitlements accrued.
In addition, Justice Haastrup awarded Opara N3 million in general damages, 10 per cent post-judgment interest, and N500,000 as costs, reinforcing the principle that employers and labour organisations must strictly adhere to their own Conditions of Service and established procedures when taking disciplinary or employment decisions.
