The Presiding Judge, Kaduna Judicial division of the National Industrial Court, Hon. Justice Bashar Alkali has declared the BAJJU (KAJJU) Traditional Council and Ministry for Local Govt Affairs Kaduna State refusal, neglect and/or failure to pay Mr Bulus’s salary and the entitlement of his office since April 2023 till date despite repeated demands as wrongful, unfair and an act of injustice.
The Court ordered the BAJJU (KAJJU) Traditional Council and Ministry for Local Govt Affairs Kaduna State to pay Mr Bulus his monthly salary and the perquisites of his office from April 2023 to date and thereafter for as long as Mr Bulus remains in his employment, the sum of #500,000.00 Naira general damages for breach of contract and #500,000.00 as the cost of action within 30 days.
Justice Alkali ruled that the stoppage of the salary of Mr Bulus by the BAJJU (KAJJU) Traditional Council and the Ministry for Local Govt Affairs Kaduna State, must be done within the conditions of service or Regulations or Kaduna State Civil Service Rules, whichever applies to the employment of Mr Bulus.
From facts, the Claimant- Mr Bulus had submitted stated that he was employed in a pensionable cadre by the Bajju (now Kajju) Traditional Council, Zonkwa, Kaduna State on 11th of November 1997, anchored in the leverage given by the 2nd Defendant, enabling the 1st defendant, as well as other Chiefdoms and Emirates in the State, to employ categories of staff they may need for the effective and efficient discharge of their Chiefdom and Emirate functions to their people.
Mr Bulus averred that he was posted to the premises situated at No. 2, Challawa Crescent, Kaduna South, Kaduna State, to protect the goods and render such services thereat as may be assigned to him by the then Agwam Bajju, and at which duty post the Claimant has remained to date.
Mr Bulus further stated that in May 2023, he noticed that his monthly salary, which had by then increased to N15,550.00 per month for April 2023, was not paid, as the last salary he received was the March 2023 salary, and all efforts to get his entitlements were to no avail.
In defence, the 1st Defendant- BAJJU (KAJJU) Traditional Council stated that when Mr Bulus purportedly accepted the appointment in 2000 after the expiration of the 2-year probation period, he did not report at the Agwam Bajju Palace Zonkwa (his duty post) but at a private residential house at No.2 Challawa Crescent, Barnawa, Kaduna and as a security man, not a messenger.
The Traditional Council averred that he could not continue to pay salaries to an unknown or unverified staff member who was not working in the palace and for the 1st Defendant.
In opposition, Mr Bulus’s counsel, Emmanuel Okunola Esq with N. P. Datoegoen Esq maintained that even though Agwam Bajju II was installed as such on the 24th of December 2022, after the death of his predecessor, payment of their client’s salary continued until March 2023, when it was stopped for reasons not disclosed to Mr Bulus until this matter was instituted in court, and urged the Court to correct the alleged injustice.
In a well-considered judgment, the Presiding Judge, Justice Bashar Alkali held that failure to confirm or terminate the employment after a probationary period of two years could be deemed ‘confirmation by conduct’, where the employer continues to use the services of the employee at the end of the probationary period.
The Court held that the Defendants will be estopped from raising any irregularity in the appointment or the acceptance of the offer of appointment by Mr Bulus, having proved that the BAJJU (KAJJU) Traditional Council and Ministry for Local Govt Affairs Kaduna had been paying the salary of Mr Bulus from the time he was appointed till April 2023.
Justice Alkali described the argument by Counsel for the BAJJU (KAJJU) Traditional Council regarding the enforceability of Mr Bulus’ employment with the Council as unknown to the labour law.
The Court ruled that the BAJJU (KAJJU) Traditional Council did not subject Mr Bulus to any disciplinary panel to warrant the stoppage of his salary, let alone terminate his employment, that the act of stopping the salary of Mr Bulus without affording Mr Bulus a fair hearing amounted to a breach of the right.
