Promotion Exams: Court orders NECO To Reinstate Two Dismissed Staff

The National Industrial Court (NIC), sitting in Abuja on Tuesday, directed the National Examinations Council (NECO) to reinstate two of its senior staff members that were purportedly dismissed.

The affected staff members of NECO, Mr. Charles Berje and Dr. Anthonia Utoh through their counsel, Job Okebe in a motion before the court, prayed for an order of reinstatement.

The staff also prayed the court for an order of mandatory injunction, restraining NECO from taking any further action in the matter pending the determination of the substantive suit.

Specifically, the claimants asked the court to restrain NECO from dismissing them, adding that the defendant went ahead to terminate the employment of the 1st claimant and also dismissed the 2nd Claimant when the matter was pending in court.

In his ruling, Justice O.Y. Anuwe ordered the immediate reinstatement of the two dismissed staff on the ground that the action was taken while the matter was before the court.

Justice Anuwe ruled that in law, since the matter was in court, none of the parties is expected to take any action or decision that would jeopardize the court process.

The trial judge further ruled that once parties submit themselves to the jurisdiction of the court as they have done in this case, none of them should be allowed to do anything that may foist on the court a situation of hopelessness.

Justice Awune noted that the action of the defendant showed a clear disrespect for the court having gone ahead to dismiss the staff while the matter is still pending in court.

The court had in its ruling on February 25, 2022, ordered the defendants to strictly comply with the Public Service Rules by giving equal and fair opportunities to all eligible and qualified staff of NECO, including the claimants, in the suit marked, NICN/MN/06/2021 to participate in the exercise.

The court also set aside the said promotion examination, which was held without the names of the claimants, who were eligible for the examination but were unlawfully excluded.

However, while the substantive suit was on, the defendant went ahead to terminate the appointment of the 1st & 2nd claimants on the ground of abscondment from their duty.

The trial judge also ordered NECO to reinstate the claimants and warned against undermining the authority of the court.

Meanwhile, the main suit has been adjourned to October 24, 2022 for hearing.