Court Reinstates Prison Officer Sacked For Misconduct, Incompetence

THE National Industrial Court sitting in Abuja has ordered the Minister of Interior, Rauf Aregbesola and the Nigerian Correctional Service to reinstate a Deputy Controller of Prisons, Mr Kayode Odeyemi, sacked in 2018 for alleged misconduct and incompetence.

Justice O. Oyewumi also ordered his recall and promotion to the rank of Assistant Comptroller-General, saying that Odeyemi was unfairly treated by a former Comptroller-General of Corrections, Jaafaru Ahmed and the Civil Defence, Fire, Immigration and Prisons Services Board, headed by Malam Al-Hassan Yakmut, now retired.

Ruling on November 10 on suit, NICN NICN/ABJ/02/2019 filed by Odeyemi, a former NCoS national spokesman, against the CDFIPSB, Aregbesola, Controller General, NCoS and the Attorney General of the Federation, the court said his dismissal, conveyed in two successive letters dated September 7, 2018 and November 27, 2018 by the CDFIPB and the Controller-General, was null and void, of no effect, wrongful and in breach of his contract of employment.

The court also ordered the defendants to promote Odeyemi to his due rank of ACG with effect from 2010 and pay all his entitlement in accordance with his due date of retirement on April 23, 2019.

The NIC further stated that the defendants should “pay Mr Odeyemi a total sum of N904,000 (at the rate of N226, 000 per month) being his unpaid four-month salaries up to April 23, 2019, when he was due for retirement.

“The defendants should pay Odeyemi’s monthly pension and gratuity contributions from November 1, 2018 till April 23, 2019 and also fulfil their obligation under the Pension Reforms Act by informing Mr Odeyemi’s nominated Pension Funds Administrator of his lawful disengagement.”

It further awarded N1 million cost against the defendants.

In its statement of defence before the court, the CDFIPB stated that Odeyemi was dismissed on the allegation of gross misconduct and act unbecoming of a public officer in the escape of inmates from lawful custody under his watch as an officer in charge of a prison facility.

But the particular prison, year or number of jailbreaks were reportedly not mentioned in the letter of dismissal.

Following the ruling, the plaintiff’s counsel, Olusoji Toki leading Joshua Afolabi, has demanded the immediate execution of the judgment in a letter to the interior minister and the AGF, Abubakar Malami, SAN.

‘’It is a victory for all lovers of fairness, rule of law and natural justice. It marks an end to three years of our client’s dogged pursuit of justice. It is also another lesson for tyrants who forget that power is transient’’, he said.