The National Industrial Court sitting in Jos, Plateau State, has ordered the Plateau Radio Television Corporation, the Plateau State Civil Service Commission, and two other government bodies to pay compensation and outstanding entitlements to a retired engineer, Mr. Chollom Dung Zih, over what it described as discriminatory and unfair promotion practices.
Delivering judgment, the presiding judge, Justice Ibrahim Galadima, held that the agencies wrongfully denied Mr. Zih promotion, demoted him, and removed him from office without affording him a fair hearing, despite his qualifications. The court ruled that the actions, which occurred between 2017 and 2020, violated his rights and adversely affected both his career and his retirement benefits.
Justice Galadima declared that promoting Mr. Zih’s colleagues to Grade Levels 15 and 16 while refusing to elevate him amounted to discrimination.
He consequently ordered the defendants — the Plateau Radio Television Corporation, the Plateau State Civil Service Commission, the Plateau State Government, and the Attorney-General of Plateau State — to pay Mr. Zih all allowances due to him as Acting Director of Engineering, together with the benefits he would have earned as Director from 2017 until his retirement in 2020.
The court further directed the agencies to calculate and pay his pension and gratuity on the basis of Salary Grade Level 15. In addition, Justice Galadima awarded ₦2.5 million in damages and ₦500,000 as costs, ordering that all sums be paid within 60 days.
Mr. Zih, a retiree of the Plateau State Radio Television Corporation, told the court that he joined the service and rose through the ranks before being promoted to Deputy Director of Engineering in January 2014.
Following the retirement of the former Director of Engineering, he was appointed Acting Director. However, he was later instructed to hand over the position on the grounds that he had reached his “upper ceiling” at Grade Level 14 and had not completed the required conversion to the Engineering Officer Cadre.
Management, he said, claimed he lacked the Council for the Regulation of Engineering in Nigeria (COREN) certification required to occupy the director’s position.
Complying with the directive, Mr. Zih wrote to the authorities through the Head of Service. In a reply dated 29 September 2018, the chairman of the relevant board informed him that only COREN certification — and not a Nigerian Association of Technologists in Engineering (NATE) qualification — was recognised for advancement under the Scheme of Service.
However, Mr. Zih told the court that several of his junior colleagues obtained COREN certification in 2018 and were promoted without difficulty, while his own certificate, which he submitted in 2017, resulted instead in his demotion.
He also relied on circulars from the Office of the Head of the Civil Service of the Federation, which recognise the Higher National Diploma (HND) as equivalent to a university degree. He argued that HND holders who meet the relevant professional requirements are eligible for promotion beyond Grade Level 14.
In their defence, the Plateau Radio Television Corporation and the other defendants contended that Mr. Zih’s promotion to Grade Level 15 had been an error, which was later corrected in line with the 2000 Scheme of Service.
They said he was informed in January 2018 that Grade Level 14 was the highest level available to him and that he accepted the decision.
The defendants further argued that promotion to the officer cadre only becomes valid three years after the presentation of the required certificate. Since Mr. Zih submitted his COREN certificate in July 2017, they maintained that he would only have qualified for promotion in July 2021, after his retirement in April 2020.
They denied discriminating against him, insisting that many officers were awaiting promotion at the same time. They also urged the court to dismiss the suit as time-barred under the Public Officers’ Protection Act.
Responding, Mr. Zih maintained that he served as Acting Director on Grade Level 15 and noted that one of his colleagues retired on Grade Level 16. He said he held both NATE and COREN certificates and was never informed that his removal was based on any lack of qualification. He added that he was not given the opportunity to respond to any petition against him.
In his judgment, Justice Galadima rejected the defendants’ argument on limitation of time, holding that disputes relating to employment, salaries, pensions, and gratuities are not covered by the Public Officers’ Protection Act.
The judge observed that Mr. Zih’s demotion and removal were based on a petition that was never served on him.
He noted that the circular from the Federal Head of the Civil Service, tendered in evidence, clearly shows that HND holders with professional qualifications such as COREN are eligible for conversion and promotion beyond Grade Level 14.
Justice Galadima further observed that while Mr. Zih was being demoted, several other officers were promoted from Grade Level 14 to 15 without possessing COREN certification at the time.
He ruled that the defendants treated Mr. Zih differently from others in similar circumstances, describing the action as “clear discrimination”.
The judge also stated that the claimant was never invited to any meeting at which the petition against him was discussed and was thereby denied the opportunity to defend himself.
According to the court, the fact that Mr. Zih held Grade Level 15 for about four years before being demoted without a fair hearing demonstrated a violation of his constitutional right to fair hearing.
Justice Galadima concluded that the agencies acted unjustly and unfairly and must compensate the retired officer for the losses he suffered.
