The National Industrial Court of Nigeria (NICN), sitting in Enugu, has nullified the termination of Dr. Okoro Francis Ekuma’s employment by the Alex Ekwueme Federal Teaching Hospital, Abakaliki, Ebonyi State, describing the action as unlawful and a breach of due process. The court ordered the hospital to immediately reinstate Dr. Ekuma and to pay all outstanding salaries and entitlements accruing from March 2019, when his pay was stopped, at a monthly rate of ₦375,089.23.
Delivering judgment, Justice Oluwakayode Arowosegbe of the Enugu Judicial Division of the NICN also awarded ₦1 million as general damages for the psychological and physical hardship suffered by Dr. Ekuma, and a further ₦1 million as the cost of action. The court held that the hospital and two other defendants acted without lawful justification and in violation of the claimant’s right to fair hearing.
Justice Arowosegbe set aside the termination letter dated December 16, 2019, issued to Dr. Ekuma by the teaching hospital, and ordered that he be reinstated to his position with full payment of all salaries, benefits, and entitlements from the date his salary was stopped until the date of judgment.
In his testimony, Dr. Ekuma told the court that his salary was halted in March 2019 and that his appointment was later terminated without his being informed of any specific misconduct or given an opportunity to defend himself. He said repeated efforts to ascertain the reason for the stoppage of his salary proved futile, and contended that the committee set up to investigate his alleged misconduct was illegally constituted under the University Teaching Hospitals (Reconstitution of Boards, etc.) Act.
In their defence, the hospital and the other defendants argued that Dr. Ekuma’s appointment was terminated on grounds of abscondment from duty. They maintained that he was afforded fair hearing, and that the Senior Staff Disciplinary Committee (SSDC) was properly constituted and acted in accordance with the law before recommending his termination to the appropriate authority.
Responding, Dr. Ekuma denied absconding from duty and insisted that the panel before which he appeared was not validly constituted. He told the court that no authentic minutes were taken of the proceedings, alleging that the purported minutes were forged. He also argued that the presence of officials of the Department of State Services (DSS) at the sitting rendered the committee improperly constituted.
In a detailed judgment, Justice Arowosegbe held that there was no evidence that Dr. Ekuma was ever informed of the specific allegations against him, a failure the court said stripped the termination of any legal foundation. The judge noted that Dr. Ekuma’s salary was stopped in March 2019, yet he was only issued a query on June 28, 2019—about three months later—without being clearly informed of the offence allegedly committed.
The court further found that the allegations of abscondment and absenteeism were not proved. Justice Arowosegbe held that the stoppage of an employee’s salary without lawful justification violates international labour best practices and amounts to a breach of constitutional rights, including the right to the dignity of the human person and the right to property.
According to the court, Dr. Ekuma’s salary was arbitrarily stopped without suspension or interdiction, and without any explanation, even though he remained in the hospital’s employment until the eventual termination of his appointment. On these grounds, the NICN ruled in favour of Dr. Ekuma and granted all the reliefs sought against the Alex Ekwueme Federal Teaching Hospital, Abakaliki, and the other defendants.
