The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has declared the purported termination, nullification and cancellation of the employments and appointments of Mr Ajiji Nyako, Mr Samson Choji and 4 others by the Governor of Plateau State as unlawful, illegal, null and void with no legal effect whatsoever.
The Court declared that the Plateau State Governor has no power or authority to suspend, terminate, nullify or in any way interfere with the employments/appointments of Mr Ajiji Nyako, Mr Samson Choji and 4 others, who are duly engaged in the services and employment of the College of Arts, Science and Remedial.
The Court granted an order reinstating Mr. Ajiji Nyako, Mr. Samson Choji and 4 others back to their respective positions as staff and employees of the College Of Arts Science And Remedial in line with their respective letters of appointments, with the payment of N5,000,000.00 (Five Million Naira) as general damages against the Plateau State Governor, Plateau State Attorney General and College of Arts Science And Remedial jointly and severally for the collective pain and suffering imposed on the Mr. Ajiji Nyako, Mr. Samson Choji and 4 others within 30 days.
From facts, the applicants- Mr Ajiji Nyako, Mr Samson Choji and 4 others had submitted that they were each appointed by the College of Arts Science and Remedial under letters of appointment and the College paid their salaries through December 2022, that the Plateau State Governor’s office announced their suspension.
Mr Ajiji Nyako, Mr Samson Choji and 4 others averred that their appointments were duly advertised in accordance with the law, that they all participated in the interview process conducted by the College, and that none of them holds political office or were appointed on political grounds.
In defence, the 1st respondent- Plateau State Governor argued that the current Governor uncovered pervasive irregularities in recruitment across state ministries and agencies, set up an investigative panel, and published its recommendations in a White Paper. As a result, Mr Ajiji Nyako, Mr Samson Choji, and 4 others’ purported appointment made at the very end of the previous governor’s term and beyond his authority were invalid, so they have no claim to back pay.
The 2nd and 3rd respondents- Plateau State Attorney General and College of Arts, Science and Remedial submitted that Mr Ajiji Nyako, Mr Samson Choji and 4 others failed to resume duty immediately after their letters of appointment and never secured confirmation of their employment, and their performance fell short of the diligence required by the College’s establishing law.
Counsel went on to relate that the constituted panel uncovered serious procedural irregularities, as no public advertisement was placed, no interviews were conducted, and the Governor adopted the report and recommended suspension, and ultimately had their appointments terminated.
In opposition, the counsel to Mr Ajiji Nyako, Mr Samson Choji and 4 others, NANTOK DASHUWAR Esq, R.I PANTUVO Esq, E.S. BUF Esq argued that no provision confers on the Governor any unilateral power over those appointments, and that only the appointing authority may terminate a statutory appointment.
Arguing further, the Plateau State Governor, Plateau State Attorney General, and College of Arts, Science and Remedial counsel posited that each letter of Mr Ajiji Nyako, Mr Samson Choji and 4 others expressly describes a two-year probationary period, indicating that confirmation in the permanent establishment had not occurred and that the employer retained the right to terminate during probation. Counsel submitted that an aggrieved probationer cannot force himself back into employment against his employer’s wishes.
In a well-considered judgment, the presiding Judge, Justice Ibrahim Galadima, affirmed that the mere fact that an employee is on probation does not remove the employment relationship from the ambit of the Court’s jurisdiction.
The Court reiterated that the fact that Mr Ajiji Nyako, Mr Samson Choji and 4 others were still on probation does not negate the statutory nature of their employments, that Mr Ajiji Nyako, Mr Samson Choji and 4 others’ employments can only be determined in accordance with the statutes and relevant instruments of the College of Arts, Science and Remedial.
Justice Galadima stated that Plateau State Governor, Plateau State Attorney General and College of Arts, Science and Remedial failed to prove Mr Ajiji Nyako, Mr Samson Choji and 4 others’ involvement in the alleged irregularities, substantially weakens their defence and exposes them to a likely successful challenge on grounds of unfairness and violation of the applicants’ right to a fair hearing.
The Court ruled that the 1st respondent, as Governor or Visitor of Plateau State College of Arts, Science, and Remedial Studies, Kurgwi, had no power to suspend or terminate Mr Ajiji Nyako, Mr Samson Choji and 4 others’ appointments in that manner.
