Court removes civil service in FCC, disengaged staff suit
The National Industrial Court on Tuesday removed the name of the Civil Service of the Federation from a suit against the Federal Character Commission (FCC) by its seven disengaged staff.
In the ruling, Justice Edith Agbakoba stated that the civil service, as the fourth defendant in the suit, was not a necessary party.
The judge also ruled that the other three defendants, comprising the commission itself, its Executive chairman, andDr. Mubeeba Dankaka, can proceed with the adjudication of the matter without the civil service.
In addition, the court submitted that, though the fourth defendant is a juristic entity that can sue and be sued, in the extant suit, there is no case against it.
“The fourth defendant's application for its name to be struck out from this suit is granted, and the first defendant’s objection to the application is dismissed.
”The fourth defendant’s name is hereby struck out from the suit and ruling, i.e., entered accordingly.
”The matter is adjourned until October 31 and November 1 for hearing”, Agbakoba ruled.
From the facts, the claimants, who alleged that they were employed by the first defendant, FCC, in 2020 and that their employment was unlawfully terminated, dragged the defendants to court, praying for their termination to be set aside.
The fourth defendant however had objected being a party in the suit and applied for its name to be removed from the suit.
The claimant’s counsel, R.N Odumegwu in response had aligned for the name to be struck out, admitting that the name was erroneously included in the suit.
The first defendant, FCC in its submission objected to the fourth defendant’s application, stating that civil service was a necessary party in the suit.
FCC argued that the commission usually receives waiver for employment from civil service and therefore that made it a necessary party that ought to be in the suit.
The court in its ruling aligned with the first defendant and claimants’ submission and struck out the fourth defendant’s name from the suit.
Supreme reports that the claimants in the suit are Uzuakpundu Anita, Adebiyi Babatunde, Unogwu Elizabeth.
Others are Rahman Faosiyat, Idoko Victor, Ahmed Halimat and Awoyo Adeola.
The claimants alleged that their employment on March 30,2020, they were enrolled on Integrated Payroll and Personnel Information System ( IPPIS) in June 2020 and they received their first salary in July 2020.
In addition they averred that due to the Federal Government directive of ‘ stay at home’ for civil servants on Grade level 1-12, due to covid-19 pandemic, they remained at home when public offices reopened in Aug.2020.
They added that they were not paid for Aug.2020 and by the time they demanded to know why they did not get their salaries, they were not given justifiable reasons.
According to the claimants, they only got to know about their disengagement through a notice of disengagement published in Daily Trust newspaper on March 11,2021.
They claimed every effort for them to be reinstated proved abortive, hence their instituting the suit praying for some reliefs.
Part of the reliefs sought by the claimants are; an order of court that their employment is valid and subsisting
The claimants are also seeking for an order of court for payment of their salary aggregate.
In addition, the claimants are praying for order of court directing the defendants to reinstate them to their various offices.
The defendants in response to the claimants allegation averred that the claimants’ appointment were terminated because the acting chairman of the commission when the claimants were employed did not get the mandatory waiver and approval from Civil Service Commission before they were employed.
The defendants therefore reiterated that the claimants employment did not follow due process.
