Industrial Court Declares Kaduna Electric Staff Dismissal Wrongful, Awards ₦1.5m Damages and Costs
The National Industrial Court of Nigeria, Kaduna Judicial Division, presided over by Hon. Justice Bashar Alkali, has declared the dismissal of Mr. Ameh, a former employee of Kaduna Electricity Distribution Plc (Kaduna Electric), as wrongful and unlawful.
In its judgment, the Court ordered the Defendant to pay the Claimant:
– ₦493,750.00 representing salaries from September 2022 to January 2023, during which he was placed on suspension without pay.
– ₦1,000,000.00 as general damages for wrongful termination.
– ₦500,000.00 as cost of action.
Justice Alkali held that the indefinite suspension and subsequent dismissal of the Claimant were carried out in breach of his right to fair hearing and contrary to the provisions of the company’s Employees’ Conditions of Service.
The Claimant, Mr. Ameh, testified that he was initially employed by the defunct National Electric Power Authority (NEPA), later absorbed into the Power Holding Company of Nigeria (PHCN), and subsequently taken over by Kaduna Electric in 2015. He denied the allegations against him, contending that his dismissal was unlawful since no disciplinary panel found him guilty, and the punishment imposed was not recognised under the company’s disciplinary code.
Kaduna Electric argued that the Claimant admitted to the allegations and that the company acted within its rights under its Conditions of Service.
Counsel to the Claimant, Emmanuel Agwungwu Esq, argued that the alleged offences did not warrant dismissal. He maintained that as a first‑time offender, the Claimant could only have been subjected to a minor sanction under the company’s Sanction Grid, and urged the Court to grant the reliefs sought.
In a well‑considered judgment, Justice Alkali held that:
– The indefinite suspension without pay was contrary to the company’s rules, which limit such measures to a definite period and require a conclusive determination.
– Kaduna Electric failed to establish that the disciplinary procedure set out in its Conditions of Service was duly followed.
– The dismissal was carried out without proper investigation and outside the permissible sanctions recognised by company policy.
The Court therefore declared the termination of Mr. Ameh’s employment wrongful, and directed Kaduna Electric to pay all outstanding salaries for the suspension period, together with interest, general damages, and costs.
