Court Affirms Mrs. Liatu Daniel’s Employment with ATBUTH As New, Pensionable Position

The Court ruled that Mrs. Daniel had not reached the mandatory retirement age of 65 years or completed 35 years of service particularly in light of her appointment in 2010.

Justice Tijanni ordered the Abubakar Tafawa Balewa Teaching Hospital to reinstate Mrs Liatu Daniel with immediate effect to the grade level she would have attained as of the date of this judgment, had the unlawful demotion and retirement not occurred, with payment of salaries from March 2017 to date, N10m exemplary damages and the sum of N1, 000,000.00 (One Million Naira) only as cost of action.

From facts, claimant- Mrs. Liatu Daniel, had submitted that she was not due for retirement with the Abubakar Tafawa Balewa University Teaching Hospital since she was employed on 3rd September 2010, having not served up to 35 years and having not attained 60 years of age as provided in the Public Service Rules.

Mrs. Daniel averred that she was offered a fresh appointment when the Abubakar Tafawa Balewa University Teaching Hospital took over the Bauchi State Specialist Hospital where he worked before, that her employment with the University Teaching Hospital is not based on secondment or transfer of service, and urged the Court to grant the reliefs sought.

In defence, the Defendant- Abubakar Tafawa Balewa University Teaching Hospital stated that Mrs. Daniel was handed over to the Hospital upon the takeover of the Bauchi State Specialist Hospital by the Federal Government and that Mrs. Daniel’s absorption was made pursuant to a Memorandum of Understanding between the Teaching Hospital and the Bauchi State Government.

The Abubakar Tafawa Balewa University Teaching Hospital maintained that Mrs. Daniel was mandatorily retired from service in accordance with the Public Service Rules of Nigeria having spent thirty-five years in public service since March 15th 1982 being her purported date of first employment.

Learned counsel to the Bauchi Teaching Hospital argued that it could be inferred that Mrs Daniel withheld the letter of secondment by failing to plead the same into evidence as the letter would have acted against her case.

In opposition, Mrs. Daniel’s counsel, M.A Tsuwa Esq. argued that her client’s employment with the Defendant is not on the basis of secondment that such service transferred or secondment of the officers on the grade level of Mrs. Daniel must be approved by the Civil Service Commission of the Federation and same is not the case in the instant case.

In a well-considered judgment, the Presiding Judge, Justice Mustapha Tijjani, reiterated that where the contract of employment is in writing, the parties are bound by the express terms and conditions so stipulated.

The Court reasoned that a careful perusal of Exhibit C1 reveals a fresh, direct appointment to a pensionable position at Abubakar Tafawa Balewa University Teaching Hospital under the Federal Civil Service Framework and that Mrs. Daniel’s evidence establishes a new employer-employee relationship rather than a temporary or borrowed arrangement.

Justice Tijanni held that it is too late in the day for the Abubakar Tafawa Balewa University Teaching Hospital to shy away from its responsibilities under the contract that the appointee- Mrs. Daniel upon accepting the offer is legally considered as a new entrant into the Defendant’s workforce.

The Court succinctly put that Abubakar Tafawa Balewa University Teaching Hospital has failed to provide any credible evidence to substantiate her assertion that Mrs Daniel’s appointment with the Abubakar Tafawa Balewa University Teaching Hospital was a secondment and not a fresh appointment.

Justice Tijanni stated that Mrs Daniel has provided compelling evidence to demonstrate that her appointment with the Abubakar Tafawa Balewa University Teaching Hospital was indeed fresh and pensionable, and the payment of Mrs Daniel’s salary is consistent with the terms of a fresh appointment and not a secondment.