Court strikes out suit for failure to tender regulations, conditions of service

The National Industrial Court, Abuja, on Monday struck out a suit filed against the Joint Admission and Matriculation Board (JAMB), for failure of the claimant to tender terms and conditions of service.

The claimant, Abubakar Maigari, a former staff, approached the court to declare his dismissal as null, void and contrary to Sections 030102, 030302 and 160502 of the Public Service Rules (PSR).

Maigari also prayed the court for an order for his reinstatement, as well as payment of his salaries and entitlements.

In her judgement, Justice Rakiya Haastrup said the failure of the claimant to tender the said terms and conditions of service as material evidence of fact to determine whether or not his dismissal was unlawful, had truncated his case.

Haastrup ruled that it was not sufficient for the claimant to rely on the Public Service Rules, rather, “the claimant should have discharged the burden of proof, by availing the court the document.”

“It is the terms and conditions of service which must be resorted to in considering and determining the rights and obligations of the claimant,” she said.

Haastrup further said that the inability of the claimant to present the condition of service made it difficult for the court to determine whether or not the conditions were breached in his dismissal.

Mumini Hanafi, the claimant’s counsel, had earlier argued that his client’s dismissal was unlawful because his employment letter states that “your employment is governed by the public service rules.’’

The counsel said that by virtue of the service rules, the power to dismiss the claimant was vested on the governing board of the defendant.

Hanafi told the court that as at the time the claimant was dismissed, JAMB did not have a Governing Board, therefore, the terms and conditions of service, as stipulated by his employment, letter was breached.

Adedoyin Adejunmobi, the Defence Counsel, in his submission, had said the claimant was dismissed over his engagement in unauthorised admission regulation exercise in 2016.

He said the claimant, who was a Principal Administrative Officer, was issued a query and had faced a disciplinary panel, which indicted him.

Adejunmobi said it was based on the report of the defendant by management that the Minister of Education exercised his power under JAMB’s Act and directed the dismissal of the claimant from service.