The Presiding Judge, Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has declared the purported termination, nullification, and cancellation of Bulus Lambert and 55 Others’ employments from the service of Plateau State College of Health Technology by the Governor of Plateau State as unlawful, void ab initio, and no legal effect.
The Court ruled that the Plateau State Governor lacks any legal power or authority to suspend, dismiss, annul, or in any other way interfere with Bulus Lambert and 55 Others’ appointments and employment in the service of the Plateau State College of Health Technology.
Justice Galadima ordered the Governor of Plateau State, Its Attorney General and Plateau State College of Health Technology to jointly and severly to pay Bulus Lambert and 55 Others’ the sum of N5,000,000.00 (Five Million Naira) as general damages for the hardship, inconvenience and emotional distress they suffered as a result of their unlawful termination, and the sum of N500,000 (Five Hundred Thousand Naira only) as cost of action within 30 days.
The Court granted an order restoring Bulus Lambert and 55 others to their former position with the Plateau State College of Health Technology, in accordance with their respective letters of appointment.
From facts, the claimants- Bulus Lambert and 55 others- had submitted that after the newly elected Governor of Plateau State took office, he suspended them and publicly announced their termination.
Bulus Lambert and 55 others maintained that their dismissal was unlawful because the governor lacked the authority to end their employment on his own. They also stated that they have not been paid any salary since January 2023.
In defence, the respondents- Governor of Plateau State, Its Attorney General and Plateau State College of Health Technology argued that no advertisements were issued for the positions that Bulus Lambert and 55 others were supposedly hired for, and they were never interviewed by the Appointments and Promotions Committee as required by the law governing the Plateau State College of Health Technology, making their employments inconsistent with the rules and regulations of the institution.
The Counsel to the Governor of Plateau State and two others argued that Bulus Lambert and 55 others cannot uphold their claims against them because they had only been employed at the institution for approximately two years, which falls within their probationary period. Therefore, the cause of action is not yet ready for adjudication and should be dismissed accordingly.
In opposition, learned Counsel to Bulus Lambert and 55 others’, Nantok Dashuwar Esq contended that no law or instrument grants the Governor of Plateau State power to interfere with, suspend or terminate their employment, that only the council of the Plateau State College of Health Technology has the power to undertake the actions attempted by the Plateau State Governor, in accordance with the relevant laws.
Learned Counsel further contended that even if it were assumed (without conceding) that Bulus Lambert and 55 others remained on probation when their employments were purportedly terminated, the statutory procedure for ending their service should have been followed, and urged the Court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Ibrahim Galadima reiterated that where an employment relationship has a statutory basis, it is governed by the statute itself or by regulations made under that statute.
The Court held that being on probation does not undermine Bulus Lambert and 55 others’ statutory employment rights, that any decision regarding their employment must therefore follow the applicable statutes and governing instruments of the third respondent institution.
Justice Galadima stated that the Court is unconvinced that any invitation was extended to Bulus Lambert and 55 others’ either before or after their alleged terminations, that the respondents’ contention that the applicants’ positions were not advertised and were beset by procedural irregularities rests with the Plateau State College of Health Technology and cannot be ascribed to the applicants.
The Court reasoned that the Plateau State College of Health Technology Law confers on the Governing Council of the Institution the sole power to appoint, discipline, or remove its staff, and that the Governor of Plateau State acted without any legal mandate.