The National Industrial Court in Abuja has ordered the Federal Civil Service Commission (FCSC) to reinstate Mrs Joy Chineme Ndubuisi into the Federal Civil Service after declaring her dismissal unlawful, null and void for violating her right to fair hearing.
Justice Rakiya Haastrup of the Abuja Judicial Division of the National Industrial Court gave the order in a judgment in which she directed the FCSC to immediately reinstate Ndubuisi and post her to any ministry of her choice. The Court also ordered the Commission to pay her all outstanding salaries and entitlements accruing to her grade level from July 2022 to date.
The case followed Ndubuisi’s challenge of her dismissal by the FCSC after the Commission allegedly found that her appointment was fake during a service-wide verification exercise.
According to the facts of the case, Ndubuisi was first offered a temporary appointment as an Administrative Officer I by the FCSC in February 2015. Her appointment was later confirmed as permanent and pensionable in October 2020.
Ndubuisi told the Court that she successfully participated in a verification exercise in 2021 but was served a letter in July 2022 directing her to hand over all government property in her possession after her appointment was allegedly found to be fake.
She maintained that the Commission never issued her a query, invited her to explain herself or gave her an opportunity to respond to the allegation before her salary was stopped and she was relieved of her official duties.
Despite being served with the originating processes and hearing notices, the FCSC neither entered an appearance nor filed a defence throughout the proceedings.
Counsel to Ndubuisi, A.I. Erameh, argued that the Commission violated the Public Service Rules and his client’s constitutional right to fair hearing by declaring her appointment fake and relieving her of her duties without first issuing a query or allowing her to respond to the allegation.
Erameh also argued that Ndubuisi’s appointment was made in line with the Constitution and the Public Service Rules and was therefore an employment with statutory flavour. He urged the Court to grant all the reliefs sought by his client in the interest of justice, equity and good conscience.
In her judgment, Justice Haastrup held that when an employee is dismissed on the grounds of misconduct, the employer must strictly comply with the principles of fair hearing and the applicable Public Service Rules before taking such action.
The Judge found that the documents tendered by Ndubuisi, together with her unchallenged evidence, established that she was validly employed by the FCSC.
Justice Haastrup further held that there was no evidence before the Court showing that Ndubuisi was issued a query or given an opportunity to respond to the allegation before the Commission took the decision to dismiss her.
The Court consequently held that the dismissal breached the Public Service Rules, the principles of natural justice and the constitutional guarantee of fair hearing.
It therefore declared Ndubuisi’s dismissal unlawful, null and void and of no effect, and ordered the FCSC to reinstate her and pay her outstanding salaries and entitlements from July 2022 to date.
