The Presiding Judge, Owerri Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has nullified the purported involuntary retirement of one Uzoma Ononogbo from the service of the National Youth Service Corps via letter dated 11th March 2021, for being unlawful and unconstitutional.

Justice Galadima declared Uzoma Ononogbo’s retirement from NYSC without first giving him the opportunity to be heard, as a violation of his fundamental right to fair hearing thus ordering for his reinstatement although without salary payments, for the period the suit was litigated in court having not merited same. The court strictly cautioned him to adhere to his duties as a public servant of the country and to henceforth, become a shining example for other staff to emulate.

From facts, the claimant – Uzoma Ononogbo, had submitted that he had never been booked for any misconducts save for when he was absent from work due to his wife’s protracted ailment, for which he was suspended for a period of 3 months without pay. He was purportedly retired involuntarily on 11/3/2021 without the opportunity to know the allegations made against him or to even defend himself.

In defense, the 1st defendant – NYSC, averred that Uzoma Ononogbo had little regard for his duties and had breached several terms and conditions of his employment especially with his frequent absenteeism from office and that since he was transferred to the garment factory in Mgbakwu – Anambra State, he only went to work 3 times in 2 years, always feigning one excuse or the other to be absent.

NYSC submitted that Uzoma admitted that he was always absent from work without lawful permission and that he was queried by letter dated 17/3/2021 which he refused to respond to date. Uzoma was duly involuntarily retired on the strength of Public Service Rules instead of an outright dismissal.

On the 1st defendant’s objection on jurisdiction which urged the court to strike out the suit for noncompliance with the NYSC Act, the court refused same stating that the Act does not make it mandatory for a staff of NYSC to appeal to the President of Nigeria for redress before filing a case at the Court. As for the objection by the 2nd defendant, the name of the Attorney General of the Federation was struck out from the suit for being a misjoinder without prejudice to the competence of the suit.

Learned counsel for the claimant, DR. K.C. UZOECHI, had averred in his closing arguments, that his client was not afforded the opportunity to defend himself before the investigative or disciplinary committee that considered the allegations against him and not notified of the outcome of the investigation by the committee for his possible reaction. He thus urged the court to grant the reliefs sought.

Delivering his judgment after careful evaluation of the submissions by both parties’ lawyers, the Presiding judge, Justice Ibrahim Galadima, held that Uzoma Ononogbo was indeed not afforded the opportunity to present his case on the allegations leveled against him before the decision to retire him involuntarily was taken by the NYSC.

“He is (however) denied any unpaid salaries for the period this suit was litigated in court having not merited same. He showed no sterling quality worthy of an award. This court hereby quashes the letter of involuntary retirement of 11/3/2021. He is equally cautioned to adhere to his duties as a public servant of the country and to henceforth, become a shining example for other staff to emulate,” the court admonished.

Visit the judgment portal for details