The National Industrial Court of Nigeria, sitting in Enugu, has set aside the termination of Mr Ofoegbu Tochukwu Faithful’s employment by the Orthopaedic Hospitals Management Board and ordered his reinstatement, promotion and payment of ₦10 million in general damages over discrimination and unfair labour practices.
In a judgment delivered on August 10, 2026, Justice Oluwakayode Arowosegbe, presiding judge of the court’s Enugu Judicial Division, ordered the Board to reinstate Ofoegbu with effect from November 15, 2018, promote him to Administrative Officer II with effect from January 2013, pay his accrued salary arrears and pay the damages within 30 days.
Justice Arowosegbe held that Ofoegbu had been treated differently from other employees who pursued full-time degree programmes and participated in the National Youth Service Corps (NYSC) scheme while working for the hospital. According to the court, those employees had their qualifications recognised and were retained in service, while Ofoegbu faced disciplinary action and had his employment terminated.
Ofoegbu told the court that he was employed by the National Orthopaedic Hospital in January 2009 as a Data Processing Officer I. He subsequently pursued a degree programme at Enugu State University of Science and Technology and completed the NYSC scheme.
He sought conversion to the position of Administrative Officer II based on his academic and NYSC certificates, but argued that the hospital management failed to recognise his qualifications and denied him the opportunity for career advancement.
He also challenged the queries issued to him over his studies and participation in the NYSC scheme, maintaining that the management had treated him unfairly compared with other employees who undertook similar programmes while in service.
Ofoegbu further contested the termination of his appointment in November 2018, describing it as wrongful and contrary to the applicable rules.
In its defence, the Orthopaedic Hospitals Management Board argued that Ofoegbu had pursued a full-time degree programme despite the rejection of his application for study leave.
The Board also maintained that he participated in the NYSC scheme without approval, that the queries issued to him were not defective or statute-barred, and that he had not met the requirements for conversion to Administrative Officer II.
It further argued that the disciplinary process, including the consideration of his conduct by the relevant committees, justified the termination of his employment.
However, Justice Arowosegbe ruled that the defendants had failed to adequately explain why other employees who engaged in similar conduct were upgraded and retained in service, while Ofoegbu was disciplined and dismissed.
The judge held that the unequal treatment amounted to discrimination and unfair labour practice, which contributed to the termination of Ofoegbu’s employment.
The court also referred to Section 42 of the Nigerian Constitution, which prohibits discrimination on specified grounds, including sex, ethnic group, community, place of origin, religion and political opinion.
Explaining the basis of the decision, Justice Arowosegbe said employers could not allow some workers to breach a rule while punishing others for the same conduct.
“For this reason, even if a law/policy/rule exists that forbids engaging in full-time study/NYSC while in full-time employment, once it is observed in the breach in favour of a certain class of employees, the breach must go round across the board. One group of employees cannot enjoy it while another group is held to it, and even dismissed for the same offence. That offends the principle of equality of opportunity which is the bedrock of anti-discrimination law in employment relations,” the judge said.
The court ordered that Ofoegbu be reinstated as though his employment had never been terminated, without losing his conversion and promotion to Administrative Officer II with effect from January 2013.
It also ordered the payment of his accrued salary arrears and ₦10 million in general damages. The judgment further provides for 20 per cent simple interest per annum on the monetary awards if they remain unpaid after the 30-day period granted by the court.
