The Presiding Judge, Asaba Judicial Division of the National Industrial Court, Hon. Justice John Targema has dismissed the case filed by one Johnson against Delta State Hospital Management Board and 2 Others challenging his dismissal from service for lacking merit.

Justice Targema ruled that the summary dismissal of Johnson by the Delta State Hospital Management Board was duly guided by the principles of natural justice and in accordance with the Hospital Management Board’s duty.

From facts, the claimant- Johnson had submitted that he was queried and he appeared before a Panel on alleged misconduct, and despite his request to remedy the error, he was dismissed and all efforts for reconsideration were to no avail.

He argued that his summary dismissal by the Delta State Hospital Management Board was done in abuse of office and bears no semblance of legal justification; that neither the Public Service Rules nor the Delta State Hospital Management Board Law empowers the hospital board to act in that manner, and urged the Court to so hold.

In defense, the defendants- Delta State Hospital Management Board and 2 Others maintained that due process was followed in the dismissal of Johnson from office, and furthered that the suit is statute-barred and Johnson is stopped from bringing action against the defendants who are public officers/public bodies who merely carried out their official functions in their official capacity, and urged the court to dismiss the case for lacking in merit, unsubstantiated and unfounded.

In opposition, the Counsel to Johnson urged the court to assume jurisdiction that the summary dismissal of his client by the State Hospital Management Board was done arbitrarily, maliciously and in gross abuse of power, and lack of fair hearing.

The counsel averred that the responsibility of summarily dismissing Mr. Johnson did not by any stretch of imagination lie on the Delta State Hospital Management Board, which is an extra Ministerial Department, but on the Delta State Civil Service Commission, and urged the Court to so hold.

Delivering judgement after careful evaluation of the submissions of both parties, the Presiding Judge, Justice John Targema held that the action of Johnson which led to his dismissal is tantamount to serious misconduct.

The Court reiterated that the law is designed to protect officers who act in good faith and does not apply to acts done in abuse of office and with no semblance of legal justification.

“The rule of fair hearing is not a technical doctrine. It is one of substance. The question is not whether injustice has been done because of lack of fair hearing. It is whether a party entitled to be heard before a decision is taken has been given the opportunity of a hearing.” The Court ruled.