Industrial Court Nullifies Ondo Civil Service Commission’s Suspension and Compulsory Retirement of Deputy Director Adeola
The National Industrial Court of Nigeria, Akure Judicial Division, presided over by Hon. Justice K.D. Damulak, has declared the suspension and compulsory retirement of Mr. Adeola, a Deputy Director in the Ondo State Civil Service, as unlawful, null, void, and of no legal effect.
In its judgment, the Court held that the transaction at the centre of the dispute was a private matter between Mr. Adeola and a third party, unrelated to his official duties. Justice Damulak noted that mere indebtedness cannot amount to “financial embarrassment” under the Civil Service Rules unless it interferes with an officer’s work.
The Court ordered the Ondo State Government, its Attorney General, and the Civil Service Commission to reinstate Mr. Adeola until his lawful retirement, with payment of all outstanding salaries and allowances from April 2020, and awarded ₦500,000 as costs.
The claimant had argued that the disciplinary panels were biased and denied him fair hearing, while the defendants contended that his conduct amounted to misconduct warranting compulsory retirement.
Justice Damulak reiterated that in statutory employment, strict adherence to disciplinary procedures is mandatory. He held that the Commission acted vindictively, stressing that it is not a debt recovery agency and cannot rely on a private debt dispute as grounds for suspension. The Court further found that Adeola was denied fair hearing, as the police had already cleared him of wrongdoing in the matter.
Accordingly, the Court restrained the Ondo State Government, its Attorney General, and the Civil Service Commission from further victimising, harassing, or embarrassing Mr. Adeola.
