The Hon. Justice O. O. Oyewumi of the National Industrial Court of Nigeria, Court 5 of the Abuja Judicial Division delivered judgment on Friday, 13th November, 2020 in Suit No: NICN/BEN/9/2017 BETWEEN: ALFRED ABHULIMHEN IYOHA v. EDO STATE JUDICIAL SERVICE COMMISSION.
The Claimant was demoted by the Edo State Judicial Service Commission over an allegation of bribe taking levelled against him by one Mrs. Regina Guobadia. It would be recalled that there was a complaint of bribe taking/extortion of money for perfection of bail from one Ise Aiyevbekpen and another against one Regina Guobadia who was at the material time, a Registrar at the Egor Magistrate Court.
It was when the said Regina Guobadia had been reported that she mentioned the Claimant’s name without any proof. It was based on her word against the Claimant that he (Claimant) was demoted.
The Claimant thereafter in 2017, filed a suit at the National Industrial Court through his solicitors, Messrs Ikhide Ehighelua & Co (Onoriode Chambers) via a General Form of Complaint challenging the demotion from Chief Magistrate 1 Grade level 16 to Chief Magistrate Grade 11 SGD 15 as unlawful and unconstitutional.
The Court in a well considered judgment, entered judgment in favour of the Claimant wherein it was ordered as follows:-
“In sum, I find that claimant’s case succeeds in the most part and thus I make these declarations and orders-
1. That the demotion of the claimant from Chief Magistrate 1 Grade level 16 to Chief Magistrate Grade 11 SGD 15 is unlawful.
2. That he is entitled to be reinstated back to his position that is Chief Magistrate 1 on Salary Grade level 16 and be paid all the arrears of his salary from the date of demotion till the date of reinstatement.
3. That claimant claims (e) fails.
4. That claimant is entitled to be promoted to the position of Chief Magistrate Special Grade, Salary Grade 17.
5. No award as to Damages.
6. This judgment is to be complied with within 30 days failing which the arrears of salary is to attract an interest of 10% per annum.
No award as to cost.
Judgment was entered accordingly.”
Speaking after the delivery of the judgment, Oghenetega C. Ikpen, Esq who spoke to newsmen for and on behalf of Claimant’s solicitors after the judgment was delivered stated that the judgment has indeed restored the hope of the Claimant in the judiciary as the last hope of the common man indeed and that the judgment was a clear warning to persons and authority to carry out their duties within the confines of the law.