The National Industrial Court sitting in Jos has declared the suspension of Mr. Alhamdu H. S. Yakubu, a senior staff member of the Nigerian Institute of Leather and Science Technology (NILEST), Zaria, unlawful. The court ordered the Federal Government to reinstate him and to pay a total of ₦19 million in outstanding salaries, pension deductions, promotion arrears, and other entitlements within 30 days.
Delivering judgment, the Presiding Judge, Justice Ibrahim Galadima, described Mr. Yakubu’s suspension as “improper, wrongful, unconstitutional, null, and void.” He held that the action contravened the Federal Public Service Rules, which stipulate that suspension without pay shall not exceed two months. The court further directed that Mr. Yakubu be reinstated with full benefits within 14 days.
According to the ruling, the Government of the Federation, the Attorney-General of the Federation, the Minister of Science and Technology, the Federal Civil Service Commission, and NILEST were jointly ordered to pay Mr. Yakubu ₦5.8 million in unpaid salaries and entitlements for the period between March 2018 and July 2020, ₦732,000 in unremitted pension deductions, ₦6.6 million in liability claims, ₦470,000 in promotion arrears, and ₦1 million as the cost of the suit.
Court documents showed that Mr. Yakubu’s suspension stemmed from a bulk WhatsApp message he sent, which some colleagues found offensive. He stated that he promptly apologised, both publicly and privately, but one of the recipients remained dissatisfied. Despite having been disciplined in 2017 with a strong warning and a transfer, he was again suspended indefinitely in March 2018 without proper notice.
Mr. Yakubu said he was orally invited to a meeting on 1 March 2018, but after waiting several hours, the meeting did not hold. He alleged that a suspension letter dated 27 February 2018 was later delivered to him on 6 March 2018, accusing him of recirculating the same message and of failing to attend the meeting.
Although counsel appeared for the Federal Government and the Attorney-General, no pleadings were filed throughout the trial. The Minister of Science and Technology and NILEST filed their defence but failed to call any witnesses.
Mr. Yakubu’s counsel, Mr. Olufemi Olubiyi, argued that any disciplinary action against his client must strictly comply with the procedures laid down in the Public Service Rules. He urged the court to declare the suspension invalid and to grant all the reliefs sought.
In his judgment, Justice Galadima agreed with the claimant’s counsel, ruling that since Mr. Yakubu’s employment was governed by the Public Service Rules, the defendants were bound to observe the prescribed disciplinary process.
“Suspending the claimant without a hearing, and in disregard of the rules, was both procedurally and substantively flawed,” the judge held.
Justice Galadima also issued a perpetual injunction restraining the defendants, their agents, or any persons acting on their behalf from suspending or dismissing Mr. Yakubu without due process, until he attains the statutory retirement age of 65 or completes 35 years of service.
