“You Acted in Bad faith”- Industrial Court faults INEC

The Presiding Judge, Awka Judicial Division of the National Industrial Court, Hon. Justice John Targema has declared the action of Independent National Electoral Commission (INEC), Anambra State Resident Electoral Commission and 3 others termination of Mr. Patrick Ikenna employment without informing him exactly what he did wrong and not allowing him with opportunity to defend himself of any alleged wrong doing as a denial of the fundamental right of fair hearing as provided by the Constitution of the Federal Republic of Nigeria.

The Court nullified Ikenna’s termination and held that the Independent National Electoral Commission (INEC), its Chairman, Secretary, Anambra State Resident Electoral Commission and Administrative Secretary acted outside the scope of their Constitutional duties for failure to follow the law/guidelines in the termination of staff employment as provided by the Civil Service Rules and INEC Disciplinary Measures/Procedures Manual.

Justice Targema ordered the Independent National Electoral Commission (INEC), Anambra State Resident Electoral Commission and 3 others jointly and severally to reinstate Mr Patrick Ikenna into his employment with the payment of employment benefits, entitlements, rights, positions, and promotions sequentially and appropriately till date, which he must have lost as a result of the termination.

From facts, the claimant, Patrick Ikenna had submitted that his employment was converted from the rank of Clerical Officer Grade 1 on salary Grade Level 05 to the rank of Assistant Executive Officer (AEO) on salary Grade Level 06 with effect from July 8, 2013.

Mr Ikenna averred that after his employment was terminated, the staff he trained were employed without interview to replace him, and the appointment letter was signed by the Administrative Secretary, INEC, Anambra State, on behalf of INEC.

Patrick Ikenna maintained that several efforts for the defendants to tell him exactly what he did wrong and allow him a fair hearing opportunity to defend himself against any alleged wrongdoing doing as per INEC’s Disciplinary Procedures were to no avail.

In defence, the defendants- Independent National Electoral Commission (INEC), Anambra State Resident Electoral Commission and 3 others averred that INEC never authorized the employment of Ikenna into its service, that there is no record of Mr Ikenna in the head office of the agency.

The defendants stressed that all that transpired between Mr Ikenna and the INEC Resident Electoral Commission, Anambra State, and Administrative Secretary, Anambra State from the inception of his engagement to the Issuance of the letter of employment and termination was carried out without authorisation.

The defendants argued that Ikenna’s cause of action accrued on 2nd September 2014, which is the date on the letter terminating Ikenna’s appointment; that the suit was filed beyond the three (3) months provided by section 2(a) of the Public Officers Protection Act to institute the action, and urged the Court to dismiss the case for being statute-barred.

In opposition, Ikenna’s counsel, Dr Okechukwu Nwankwo Esq maintained that the Court has the jurisdiction and competence to determine the suit and that the Public Officer Protection Act cannot usurp, strip off or oust the jurisdiction and competence of the Honourable Court to determine the claimant’s case on merit, and urged the Court to grant the reliefs sought.

In a well-considered judgment, the Presiding Judge, Justice John Targema dismissed the objection challenging the jurisdiction of the Court and held that no procedure stipulated in the INEC Staff Condition of Service was followed in the termination of Mr Ikenna’s employment.

The Court posited that Ikenna was not given fair hearing, no query was given, no specific offence was committed, that the termination letter stated “General Inefficiency” indicating that the INEC and others acted in bad faith and abuse of office with no semblance of legal justification.

Justice Targema reiterated that where a public officer acts outside the scope of his authority or without a semblance of legal justification, he cannot claim the protection of the provisions of the Public Officers Protection Act.

“The termination of the Ikenna’s employment is hereby declared null, void and of no effect since the termination did not follow Due Process of the Disciplinary Measures of the Provisions of sections 3.10 (i) and 3.19 (a-o) of Chapter Three of the Independent National Electoral Commission (INEC), Staff Conditions of Services Revised Edition and section 36 (1) and (2) (a) & (b) of the Constitution.” The Court ruled.