The National Industrial Court in Akure has ruled that the Ondo State Government acted unlawfully in suspending and compulsorily retiring a Deputy Director, Mr. Fakuade Temitope Adeola. In a judgment delivered by the Presiding Judge, Justice K. D. Damulak, the Court declared the action “null, void and of no legal effect,” holding that the dispute that prompted the punishment was a private matter and unrelated to Mr. Adeola’s official duties.
Justice Damulak ordered the Ondo State Government, the Attorney General, and the State Civil Service Commission to reinstate Mr. Adeola until his lawful retirement. The Court further directed that all outstanding salaries and allowances from April 2020 be paid, along with ₦500,000 in litigation costs. The judge stressed that the Civil Service Commission “is not a debt recovery agency.”
The Court found that the matter at the centre of the dispute was a personal financial transaction between Mr. Adeola and a friend, Adamu, over a travel ticket. Justice Damulak said the Nigeria Police had investigated the case and cleared Mr. Adeola, noting that the issue was one of indebtedness that did not concern the employer unless it affected the employee’s performance.
Mr. Adeola told the Court that the panels set up by the relevant ministries were biased and denied him a fair hearing. He maintained that the transaction was private and did not embarrass the Ondo State Civil Service, urging the Court to grant all his reliefs.
However, the defendants — the Ondo State Civil Service Commission, the State Government, and the Attorney General — argued that Mr. Adeola was guilty of misconduct and that his compulsory retirement followed the Civil Service Rules. They asked the Court to dismiss the suit.
Delivering judgment, Justice Damulak held that in matters of statutory employment, strict compliance with disciplinary procedures was mandatory. Any action taken outside the rules, he said, “is null and void.” He described the suspension as “vindictive,” adding that refusal to pay a personal debt cannot form the basis for Civil Service disciplinary action.
The Court also ruled that Mr. Adeola had been denied fair hearing since the police had already cleared him, and the matter could not be resuscitated as justification for his compulsory retirement. Justice Damulak further issued an order restraining the Ondo State Government, the Civil Service Commission, and their agents or privies from victimising, harassing, or embarrassing Mr. Adeola.
