The National Industrial Court sitting in Kaduna has ruled that Kaduna Electricity Distribution Plc wrongfully suspended and dismissed a former employee, Mr. Joseph Iduh Ameh, and ordered the company to pay him ₦1,993,750.00.
The court held that Mr. Ameh was suspended without pay between September 2022 and January 2023 and later dismissed without being tried by a disciplinary panel. Delivering judgment, Hon. Justice Bashar Alkali said the company breached its own disciplinary rules and denied the claimant a fair hearing.
Justice Alkali explained that the indefinite suspension and subsequent dismissal were not carried out in line with the company’s Conditions of Service and had serious consequences for Mr. Ameh. He said the company failed to show that it followed the disciplinary procedures set out in its Employees’ Conditions of Service and described the dismissal as wrongful, as it was based on no proper investigation and exceeded permissible sanctions.
In his testimony, Mr. Ameh told the court that he began his career with the defunct NEPA, later worked for PHCN, and was absorbed by Kaduna Electric in 2015.
“I denied the allegation levelled against me,” he said, adding that no panel found him guilty before the dismissal.
Counsel to Mr. Ameh, Mr. Emmanuel Agwungwu, argued that the alleged offence did not merit dismissal and that, as a first-time offender, his client should have received only a minor sanction under the company’s Sanction Grid. He urged the court to grant all the reliefs sought in the interest of justice.
Counsel for Kaduna Electricity Distribution Plc insisted the company acted within its rights and claimed that the claimant had admitted the allegation. The defence maintained that due process was followed. However, the court held that these claims were unproven and that the company failed to demonstrate compliance with its disciplinary procedures.
The court therefore ordered Kaduna Electricity Distribution Plc to pay Mr. Ameh ₦493,750.00 as unpaid salaries for the suspension period, together with interest; ₦1,000,000.00 as general damages for wrongful termination; and ₦500,000.00 as costs of action. Justice Alkali said the awards were necessary because the company’s conduct denied the claimant a fair hearing and exceeded the sanctions allowed under its rules.
The judgment underscores the need for employers to comply strictly with internal disciplinary processes and the principles of fair hearing.
“Disciplinary measures must align with company policy and the principles of fair hearing,” Justice Alkali said.
