The National Industrial Court in Port Harcourt, Rivers State, has nullified a circular issued by the Abia State Civil Service Commission on 25 August 2011, which transferred Mrs. Anikwendu out of service on the grounds that she is not an indigene of the state.
Presiding Judge, Justice Faustina Kola-Olalere, ruled that the circular was discriminatory, unconstitutional, and therefore null and void. The decision cited a violation of Section 42 of the 1999 Constitution, which prohibits discrimination based on ethnic or regional origin.
The court found that Mrs. Anikwendu was not properly disengaged from service and that the action taken against her did not comply with the Abia State Public Service Rules. It also held that the Abia State Universal Basic Education Board (ASUBEB), which issued the letter of disengagement, lacked the legal authority to do so.
Her counsel, Wisdom Chude Esq., argued that her dismissal was unconstitutional and based solely on her non-indigene status. He urged the court to protect her rights and grant reinstatement alongside payment of outstanding entitlements.
The defendants—including the Governor of Abia State, the Abia State Civil Service Commission, ASUBEB, and the Attorney General—contended that the suit was statute-barred under the Public Officers’ Protection Law and other limitation laws. They argued that Mrs. Anikwendu’s disengagement occurred in 2011, and the case was filed only in 2024.
However, the court rejected the defence’s argument, holding that the actions of the defendants fell outside the scope of their lawful authority and therefore were not protected under the cited limitation laws.
Justice Kola-Olalere ruled that Mrs. Anikwendu’s employment was governed by statutory provisions, and any termination must comply strictly with civil service regulations. Since this was not followed, the disengagement was declared invalid.
The court ordered her reinstatement from the date of disengagement and directed the payment of all outstanding salaries and allowances.
“I hereby order that the defendants shall pay the total judgment sum, including the cost of this action, to the claimant within three months from today. If they fail to do so, the sum shall attract 15% annual interest until fully paid,” the judge ruled.
