The National Industrial Court sitting in Minna has dismissed a suit filed by one Isah against the Niger State Government, the Attorney General, and the State Civil Service Commission, ruling that his claims of unlawful dismissal lacked merit.
Delivering judgment, Presiding Judge, Hon. Justice Olufunke Anuwe, held that the claimant failed to prove that his employment was still valid or provide sufficient grounds to challenge his dismissal.
Isah had told the court that he was employed by the Niger State Government in 2003 and worked with the Ministry of Water Resources and Rural Development, entering service with a Teachers’ Certificate Grade II. He stated that while in service, he obtained a National Diploma in Civil Engineering Technology, which he presented during a staff screening exercise.
According to him, his certificate was queried during the process. Although he continued working afterward, his salary was stopped in September 2021, and he was later instructed not to report for duty pending verification of his credentials. He maintained that he was never formally notified of his dismissal and claimed unpaid salaries totaling N2.54 million from September 2021 to December 2024.
He therefore sought declarations affirming the subsistence of his employment, the unlawfulness of his salary stoppage, and the authenticity of his qualifications, alongside orders for payment of salary arrears, damages, and other reliefs.
In response, the Niger State Government argued that Isah’s employment was secured through false representation. It stated that during the screening, his Teachers’ Grade II certificate could not be verified, while his National Diploma was found to be fake.
The defendants further told the court that Isah was dismissed via a letter issued in June 2021, with effect from January 2021, on grounds of falsification of records. They also filed a counterclaim seeking a refund of N13.2 million paid to him as salaries over 218 months, as well as damages and costs.
In her ruling, Justice Anuwe held that once a dismissal letter is issued, an employee can only succeed if the dismissal is proven to be wrongful or unlawful. She noted that Isah did not challenge the dismissal itself but merely denied receiving the letter, adding that non-receipt does not invalidate the dismissal.
The court found that the existence of the dismissal letter and the stoppage of salary confirmed that his employment had been terminated.
Justice Anuwe also ruled that the court could not declare Isah’s qualifications genuine, as only the issuing institutions have the authority to verify such credentials, and no supporting evidence was presented.
Consequently, the court held that Isah failed to establish his claims and was not entitled to any of the reliefs sought.
However, on the counterclaim, the court ruled against the Niger State Government, stating that it failed to conduct proper due diligence at the point of employment and therefore could not recover salaries already paid for services rendered.
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