By Desire Emmanuel
A National Industrial Court sitting in Jos, Plateau State, has ordered the Federal Government to reinstate a civil servant who has been on suspension since 2018 for posting what his bosses described as an ‘offensive’ message on the WhatsApp social media platform, describing the suspension as improper, unlawful, unconstitutional.
The court also asked the Federal Government to pay the civil servant the sum of N19 million as his salary and allowances during the time he was placed on what his bosses described as ‘indefinite suspension.” The court said the money must be paid within 30 days.
Justice Ibrahim Galadima of the court set aside the suspension of the civil servant, whose name was given simply as Yakubu, describing it as null and void.
According to court documents, Yakubu, through his lawyer, had dragged the Federal Government to the court, saying he was suspended as a staff member of the Nigerian Institute of Leather and Science Technology after he posted a message on the WhatsApp group of the organisation which he later deleted.
It was gathered that some of his bosses became angry regarding the content of the message and despite the fact that Yakubu deleted the message and wrote an apology, they were not satisfied and they decided to punish him.
Yakubu’s lawyer told the court that the Federal Civil Service Commission and the Nigerian Institute of Leather and Science Technology initially imposed disciplinary actions by giving him a strong official warning and a transfer to another Extension Centre.
Yakubu submitted that to his surprise, on 28th February 2018, he was invited to meet with the Director of Administration for a meeting slated for 10:00 a.m. on March 1, 2018 in Kaduna, and on the appointed day, none of the senior officials appeared until 2:00 p.m, and he returned to Jos after waiting for no end.
“Unexpectedly, Mr Yakubu stated that a suspension letter dated 27th February 2018 was received on 6th March 2018, indefinitely suspending him from work without pay on the allegation that he had re-circulated the WhatsApp message and had ignored an official invitation that was never properly delivered to him,” the lawyer told the court.
While ruling, Justice Ibrahim Galadima affirmed that the relationship between the parties in the case is statutorily governed, that since Mr Yakubu’s employment falls under the Public Service Rules, disciplinary measures under a statutory regime must strictly observe all prescribed steps.
The judge held that suspending Mr Yakubu without a hearing and ignoring the provisions contained in the Public Service Rules, the Nigerian Institute of Leather and Science Technology’s actions were both procedurally and substantively flawed.
Justice Galadima therefore held that Mr Yakubu’s suspension was illegal, procedurally flawed and unconstitutional.
In addition to his reinstatement, the judge granted an order of a perpetual injunction restraining the defendants, their agents, servants or privies, or anyone acting at their instance or instruction, from disengaging Mr Yakubu as an employee of the Federal Civil Service Commission and Nigerian Institute of Leather and Science Technology (whether by way of suspension or otherwise) after reinstatement and until the attaining of the retirement age of 65 years and/or upon putting in 35 years of service in line with the Conditions of Service and/or Federal Public Service Rules except and unless in strict compliance with due process as well as the Conditions of Service.
The court also ordered the Federal Government to pay the sum of N19 million being his salary and allowances during the period of his suspension.
