Court Rules NCPC Failed To Validly Terminate Sunday Bot And 4 Others’ Appointments
The Hon. President of the National Industrial Court, Hon. Justice Benedict kanyip, OFR has declared that the letter dated 27 February 2024 issued by Nigeria Christian Pilgrims Commission did not validly terminate Sunday Bot and 4 others’ appointments for failure to comply with the terms of their letters of appointment.
The Court ordered that the employment of Sunday Bot, Pam Chung, Dablet Apollos, Pam Yakubu and Dung Bok as contained in their letters dated 16 October 2023 subsist till 3 October 2025 given that their respective employments have not been validly terminated.
The Court held that the arguments by the Nigeria Christian Pilgrims Commission that they withdrew Sunday Bot and 4 others’ appointments because of breach of the federal character principle cannot accordingly be tolerated given that Sunday Bot and 4 others are not to blame or share in the blame as to the commission’s non-compliance with the principle of federal character.
From facts, the claimants- Sunday Bot, Pam Chung, Dablet Apollos, Pam Yakubu and Dung Bok had submitted that they were employed into the service of the Nigeria Christian Pilgrims Commission effective from 3 October 2023, and were to serve for 2 years on probation.
They averred that by letter dated 27 February 2024, their respective appointments were withdrawn contrary to their employment agreement, and urged the Court to grant the reliefs sought.
In defence, the defendant- Nigeria Christian Pilgrims Commission maintained that Sunday Bot and 4 others’ appointments were not in compliance with the federal character principle, Non-observance with the financial clearance approval from the Budget Office of the Federation and that the former Executive Secretary did not get the requisite approval of the Governing Board nor from any supervisory authority such as the Secretary to the Government of the Federation before appointing Sunday Bot and 4 others into the service of the Commission.
According to the Nigeria Christian Pilgrims Commission, the withdrawal of the employment letter from Sunday Bot and 4 others’ was to enable the Commission to thoroughly examine the appointments and take appropriate action, in the public interest and compliance with the circular from the Federal Character Commission.
The Commission then submitted that the employment of Sunday Bot and 4 others’ having not complied with statutory provisions is faulty, defective and voidable and urged the Court to dismiss the case in its entirety.
In opposition, the Sunday Bot and 4 others’ counsel, Osuagwa Ugochukwu, Esq maintained that the termination of his clients’ appointments was done contrary to the rule of law that any notice of termination served or given to an employee without the payment of salary in lieu of notice, when such notice was given, will not be valid and such termination will be declared wrongful.
In a well-considered judgment, the Hon. President of the Court, Justice Benedict kanyip held that the averment of the Nigeria Christian Pilgrims Commission that “the withdrawal of the appointment of the claimants was due to circumstances beyond the control of the defendant” cannot be sustainable.
The Court stated that the failure of the former Executive Secretary to obtain the requisite approvals before employing Sunday Bot and 4 others is not a circumstance beyond the control of the Commission, nor is it a supervening event that is not the fault of the Executive Secretary who represents the Commission.
On the question of immutability/absoluteness of the federal character principle, Justice Kanyip said no provision in the Federal Character Act indicating that the outcome of a recruitment exercise which does not comply with the federal character principle would be null and void.
Justice Kanyip reasoned that the logic of the rule is that where sanctions for non-compliance are not provided by the law or rules in question, then what is being enjoined is directory and not mandatory.
“The point is that the sanction for non-compliance with the federal character principle is legal action including prosecution of the person who is guilty of the non-compliance. The person said to be guilty of not complying with the federal character principle is the former Executive Secretary. This is the person that ought to be proceeded against, not the hapless claimants in the instant case.” The Court held.
Justice Kanyip further posited that a hapless employee, such as Sunday Bot and 4 others in the instant case, who is unaware of the non-compliance cannot be said to have breached the federal character principle as to make them suffer the consequences of non-compliance.
The Court rejected the argument of the Nigeria Christian Pilgrims Commission and wondered how non-compliance with the financial clearance of the Budget Office is such an irregularity that should lead to the withdrawal of the respective appointments of Sunday Bot and 4 others despite receiving Salaries for months.
