Court Validates Employment Termination Of Court Of Appeal Staff

The Presiding Judge, Benin Judicial Division of the National Industrial Court, Hon. Justice Adunola Adewemimo has declared the employment termination of one Mr. Henry Lebi from the service of the Court of Appeal as lawful.

Justice Adewemimo held that the termination of Mr. Henry Lebi’s employment not only satisfied the basic ingredients of fair hearing expected of an employer but was done in compliance with the Regulation guiding his employment.

From facts, the Claimant- Mr. Henry Lebi who was employed by the Federal Court of Appeal as a Motor Driver Mechanic had argued that the process leading to the termination of his appointment is fraught with irregularities that are at variance with the disciplinary procedure established in the Federal Judicial Service Commission. He added that the Commission and the Court of Appeal’s actions have resulted in a breach of his right to fair hearing.

In defense, the Defendants- Federal Judicial Service Commission, Court of Appeal averred that Mr. Henry Lebi was informed of the allegation of negligence of duty and insubordination and was afforded the opportunity to make representations in respect of same, which he did before his employment was terminated.

The defendant’s counsel submitted that the termination of the Claimant’s employment was based on negligence in the performance of his official duties, and urged the court to dismiss the case in its entirety.

In opposition, the learned counsel argued that issuing two queries to Mr. Henry arising from the same incident is prejudicial to his right to fair hearing, urged the court to order the immediate reinstatement of his client.

The Court in its considered judgment, presided by Hon. Justice Adunola Adewemimo held that Mr. Henry Lebi did not cite any condition or regulation breached by the Federal Judicial Service Commission, President of the Court of Appeal in the termination of his employment.

The Court held that the fact that Mr. Henry Lebi was issued with a query and was also afforded the opportunity to make representations in respect of same, which he did before a decision was taken to terminate his employment has justified the essential requirements of fair hearing, and having been accused of absenteeism is liable to summary dismissal.