Wednesday, June 13, 2018 4:49 pm
The National Industrial Court, Abuja on Wednesday dismissed a suit filed against the Joint Admission and Matriculation Board (JAMB) for failure of the claimant to establish that the termination of his appointment was wrongful.
The claimant, Ahmed Ndako, approached the court, praying it to declare the termination of his appointment as wrongful and illegal.
Ndako also sought for reinstatement, payment of his salaries, entitlements and general damages to the tune of N20 million.
Delivering judgment, Justice Rakiya Haastrup said the claimant’s appointment was terminated in line with provisions of the Public Service Rules 030301 (G), on grounds of misconduct.
Haastrup also said since the claimant failed to prove the terms and conditions of his employment and how the defendant breached it, he cannot succeed in his claim for wrongful and illegal termination.
The Judge went further to say ” it is trite law, that a party who alleges wrongful or unlawful termination must establish his case.
“The claimant having thus failed in his first relief, which was to declare his termination as wrongful, have equally failed in the entire reliefs.
“Accordingly, all reliefs of the claimant are all dismissed and the lone issue is hereby resolved in favour of the defendant”
Eniola Olabanji, the defence counsel, in his submission said the claimant’s appointment as a Maintenance Officer, was terminated over his involvement in a crime at the defendant’s premises after closing hours in April, 2016.
Olabanji said the claimant was seen by security officers fleeing from the scene of the crime in his car.
The Counsel said the claimant was subsequently issued a query, faced a disciplinary panel which indicted him and was dismissed from the service of the board.