The National Industrial Court, Jos Judicial Division, has declared the suspension and termination of Mr. AjijiNyako, Mr. Samson Choji, and four other staff members of the College of Arts, Science and Remedial Studies by the Plateau State Governor illegal, null, and void.
The presiding judge, Hon. Justice Ibrahim Galadima, ordered the immediate reinstatement of the affected staff to their respective positions. He further directed the Plateau State Governor, the Plateau State Attorney General, and the College to jointly pay the sum of ₦5 million as general damages within 30 days for the pain and suffering occasioned by the unlawful action.
The claimants told the Court that they were duly appointed by the College, received their salaries up to December 2022, participated in recruitment interviews, and were not political appointees.
In their defence, the Plateau State Government argued that a panel set up by the Governor had uncovered irregularities in recruitment exercises across state agencies. The Governor contended that the appointments of the affected staff, which were made towards the end of the previous administration, were invalid and that the claimants were therefore not entitled to any back pay.
The Plateau State Attorney General and the College also argued that the staff failed to resume duties promptly, had not been confirmed in their employment, and that their performance during probation did not meet the level of diligence required under the College’s enabling law.
However, counsel to the staff, Nantok Dashuwar Esq., R.I. Pantuvo Esq., and E.S. Buf Esq., maintained that the Governor lacked the unilateral authority to terminate statutory appointments, arguing that only the appointing authority could lawfully bring such employment to an end.
In his judgment, Justice Galadima held that probationary status does not strip an employment of its statutory character. He further ruled that the Governor, the Attorney General, and the College failed to establish that the claimants were involved in any recruitment irregularities.
“The Plateau State Governor, the Plateau State Attorney General, and the College failed to establish any wrongdoing on the part of the claimants. The attempt to terminate their appointments outside the statutory framework is hereby nullified,” the judge ruled.
