By Desire Emmanuel
The National Industrial Court on Thursday, May 14, dismissed the suit filed by one Mr. Stephen Thankgod against his former employer, the Nigerian Communications Commission (NCC) for lack of proof and want of jurisdiction over the defamation claim.
Justice Buhari Sani of the Port Harcourt Division of the court held that Mr Thankgod failed to establish the terms and conditions of his employment and consequently could not sustain his claims for wrongful termination, reinstatement and damages’ reliefs before the court.
According to available court documents, Thankgod submitted that he was employed by the NCC and sought a declaration that the termination of his appointment on 2/1/2023 via SMS is improper, wrongful, illegal, unconstitutional, null and void and against the principles of natural hearing.
He contended that his termination was wrongful, lacking due process and was maliciously instigated.
He also sought several declaratory and monetary reliefs, including a declaration that his termination via SMS was wrongful, reinstatement with payment of accrued salaries and benefits, damages for malicious instigation, damages for defamation and damages for breach of contract.
In its defence, the NCC said that ThankGod’s employment termination decision was based purely on poor performance during probation, not on any form of misconduct, and that the claim of malicious instigation was based on hearsay and speculation, as the termination letter itself gave no reason for the employment termination.
The NCC further argued that the claim for defamation was outside the jurisdiction of the Industrial Court and urged the court to dismiss the case in its entirety.
However, counsel to Thankgod told the court that the termination of his client’s employment was wrongfully procured following the allegation of theft made against him.
Delivering his judgment, Justice Sani held that ThankGod failed to plead and lead evidence regarding the terms of employment so as to show in which manner the NCC breached the terms of their contract of employment.
On the claim for N5 million against the Zonal Coordinator of the commission for malicious instigation, the court held that the only evidence linking the Zonal Coordinator to the termination was hearsay, coming from a supervisor, who was not called as a witness by the claimant, and that the termination notice itself did not mention the Zonal Coordinator.
Justice Sani reiterated that an employer is not bound to give a reason for termination, and it is not the business of the court to speculate on the motive, that ThankGod’s attempt to link the termination to the Zonal Coordinator is pure speculation, and a claim built on speculation cannot succeed.
The judge posited that ThankGod’s case on the allegation of wrongful termination was unmeritorious, and that an employer can terminate the employment of a probationary officer if they are not satisfied with the officer’s performance.
Justice Sani noted that the claim for defamation was purely tortious and outside the jurisdiction of the court, thereby striking out the defamation claim for want of jurisdiction, dismissing the claims for lacking merit and made no order as to costs.
