NICN Dismisses Employment Termination Suit Against NDLEA as Statute-Barred
The National Industrial Court of Nigeria (NICN), Lagos Judicial Division, presided over by Hon. Justice Gerald Nweneka, has dismissed the suit filed by Mr. Nicholas against the National Drug Law Enforcement Agency (NDLEA), challenging the termination of his employment. The court held that the action was statute-barred, having been filed outside the limitation period prescribed by law.
The claimant, Mr. Nicholas, joined the NDLEA on 5 October 1990 and rose to the rank of Deputy Superintendent of Narcotics in 2003. He was interdicted by letter dated 25 October 2006 following allegations of misconduct, and subsequently terminated by letter dated 2 September 2008.
He contended that the disciplinary process was flawed, alleging denial of fair hearing, as he was not present during witness interviews and was not furnished with an investigation report. He further argued that his interdiction and unpaid emoluments constituted a continuing injury, thereby creating a fresh cause of action each month.
The NDLEA, represented by counsel, maintained that the termination followed due process, that the claimant was found culpable after investigation, and that he had been paid gratuity and enrolled for pension.
The Agency raised a preliminary objection, contending that the suit, filed on 18 July 2018, was statute-barred under the Public Officers Protection Act (POPA), having been instituted more than 11 years after the termination letter was issued.
In a considered judgment, Justice Nweneka reaffirmed that jurisdiction is the lifeblood of adjudication, and that POPA applies to employment contracts involving public officers. The court found that the cause of action accrued on 2 September 2008, when the termination letter was issued, and that the claimant had three months within which to commence the action.
The court rejected the claimant’s argument on continuing injury, holding that the wrongful termination was a completed act, not a recurring breach. The judge observed that although there was no proof of service of the termination letter, the claimant’s subsequent petition to the State Governor confirmed his knowledge of the termination.
Justice Nweneka concluded: “Even if the Limitation Act were to apply, the claimant ought to have filed this action by August 2014. Filing in July 2018, nearly 10 years after the cause of action accrued, renders the suit statute-barred. Accordingly, the case is dismissed.”
The court acknowledged that the claimant was denied adequate opportunity to defend himself during the disciplinary process, amounting to a breach of fair hearing. However, it held that this finding could not salvage the claim, as the action was already statute-barred.
The court further noted that the claimant failed to plead or prove entitlement to reinstatement, and reiterated that employment with a federal agency does not automatically confer the status of a statutory employee.
The suit was dismissed in its entirety, with the court ordering that each party bear its own costs.
