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Court orders school to pay teacher N2m for unlawful dismissal

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2 years ago

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The National Industrial Court has ordered a school, Trinity Model Academy, to pay its former staff member, Lucy Agabo, N2 million for psychological trauma which resulted from unlawful termination of her employment.

The presiding judge, Justice Isaac Essien, on Monday, May 15, declared the action of the school as unlawful, null, and void, saying it was done in breach of the claimant’s fundamental rights to fair hearing.

Justice Essien also ordered the school to pay the claimant (teacher) N200,000 as cost of action within 30 days.

From facts, the claimant stated that she was employed by the defendant as a classroom teacher in September 2017 and was issued a letter of termination on April 5, 2019, on the grounds of alleged gross misconduct.

She asserted that she never engaged in any act of misconduct and was never issued a query before her termination.

Agabo added that the termination was an attempt to destroy her teaching career which she worked tirelessly to build over the years and to further prejudice her chances of job prospects in the future.

The school, however, said Agabo was found guilty of the offence of gross misconduct.

The school in addition argued that because the appointment of the claimant was temporary in nature, it did not need strict adherence to statutory provisions but from the condition of service drawn from the instrument of employment.

It further urged the court to dismiss the case in its entirety.

In response, Agabo’s counsel argued that the probation period was supposed to be for one academic calendar year, adding that his client had become a permanent staff from September 2018 when the new academic session commenced.

The lawyer stated that the claimant was no longer a temporary staff when her appointment was terminated, urging the court to grant the reliefs sought.

Justice Essien, after evaluating the submissions of both parties, declared that the failure of the school to confirm the employment of the claimant after one academic session and continuing to hold her in the employment was nothing but an unfair labour practice.

He added that the claimant was deemed to have been confirmed by operation of the law after one academic session.

The judge equally ruled that the failure of the defendant to issue the claimant a query as provided in the contract of employment which would have afforded her the opportunity to defend the allegation of misconduct made against her was a clear breach of the right to fair hearing as guaranteed by the 1999 Constitution as amended.

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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3 months ago

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October 3, 2024

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The Federal High Court in Abuja has curtailed the powers of the Directorate of Road Traffic Services (VIO), barring it from stopping and impounding vehicles or imposing fines on motorists across Nigeria’s capital.

Justice Evelyn Maha, on October 2, 2024, delivered this judgment in response to a fundamental rights enforcement lawsuit initiated by public interest lawyer Abubakar Marshal.

The court found that the VIO, along with other enforcement officials, lacked the legal authority to halt vehicles or penalise drivers.

The ruling impacts the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), who were all named as respondents.

Justice Maha ruled that none of these parties, under the Minister’s authority, could justify the seizure of vehicles or the imposition of fines on road users.

The judge further issued a perpetual injunction prohibiting these officials and their agents from infringing on the rights of Nigerians to move freely, asserting that any such actions violate constitutional rights, including the presumption of innocence and the protection of personal property.

This ruling reinforces motorists’ rights and limits the powers of the authorities in vehicle-related enforcement without legal grounds.

 

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Judiciary

27 Rivers Assembly Lawmakers Dump PDP For APC

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1 year ago

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December 11, 2023

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Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike
Rivers State Assembly Complex. Insets: Governor Siminalayi Fubara (L) with FCT Minister, Nyesom Wike
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The Current political drama in Rivers State has taken a new turn as 27 members of the Rivers State House of Assembly have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

A member of the Assembly, Enemi George, confirmed to Channels Television that the 27 lawmakers were under the leadership of Martin Amaewhule.

He said the decision was taken during their sitting on Monday morning.

For weeks, Amaewhule and another member, Edison Ehie, have been embroiled in a Speakership tussle. Amaewhule is believed to be loyal to ex-governor Nyesom Wike while Ehie is known to be in the camp of Governor Siminalayi Fubara.

The Assembly under Amaewhule had in October served an impeachment notice on the governor and removed Ehie as the House leader. However, some members of the Assembly loyal to Fubara immediately impeached Amaewhule and made Ehie the new Speaker.

The crisis in the 32-member Assembly had begun as a result of a rift between Fubara and his predecessor, Wike, who is now the Minister of the Federal Capital Territory (FCT).

Though the two politicians have both attended same public events in the last few weeks and all seemed to have been settled but with Monday’s defection of 27 lawmakers from the PDP to the APC, more drama might unfold in the state’s political arena.

Meanwhile, some political players from other parties over the weekend announced their defection to the PDP.

Leading the defectors from the Social Democratic Party (SDP) and the APC were the deputy governorship candidate of the SDP in the 2023 election, Patricia Ogbonnaya; and former Ahoada-West Chairman, Karibo Wilson.

They decamped alongside their supporters and other party excos.

The politicians dumped their former parties to pitch tent with the PDP group loyal to Fubara.

Also in attendance were some of the Ehie-led group of lawmakers, with the member representing Ahoada West, Goodboy Sokari representing the governor alongside Oko Jumbo from Bonny Constituency.

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Judiciary

NJC Recommends Appointment Of 11 Supreme Court Justices

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1 year ago

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December 7, 2023

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The National Judicial Council (NJC) has recommended the appointment of 11 justices to the Supreme Court.

A statement by the apex court’s Director of Information, Soji Oye, said the recommendation was made at the 104th meeting of the council in Abuja on Wednesday.

The recommended candidates would be sworn-in after the approval of their recommendation by President Bola Tinubu and the subsequent confirmation of their appointment by the Senate.

With this appointment, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

Those recommended for appointment to the Supreme Court are:

Hon. Justice Jummai Hannatu Sankey, OFR
Hon. Justice Chidiebere Nwaoma Uwa
Hon. Justice Chioma Egondu Nwosu-Iheme
Hon. Justice Haruna Simon Tsammani
Hon. Justice Moore Aseimo A. Adumein
Hon. Justice Obande Festus Ogbuinya
Hon. Justice Stephen Jonah Adah
Hon. Justice Habeeb Adewale O. Abiru
Hon. Justice Jamilu Yammama Tukur
Hon. Justice Abubakar Sadiq Umar
Hon. Justice Mohammed Baba Idris

The NJC at its last meeting for the year also recommended the appointment of Justice Mohammed Ramat to the Court of Appeal, as well as six heads of courts and 26 other judicial officers.

The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly.

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