Unlawful Termination Of Appointment: Court Dismisses NFVCB’s Suit To Stop Judgment Execution
Moves by the Nigerian Film and Video Censor Board (NFVCB) and it’s former Executive Director/Chief Executive Officer (CEO) chairman, Alhaji Adedayo Thomas, to stay the execution of the judgment against them by the Abuja division of the National Industrial Court, over the unlawful sack of the Board’s Chief Film and Video Censorship Officer, Dr. Olushola Peace Anjorin, has met a brickwall, as Abuja division of the National Industrial Court (NICN) court dismissed the motion for lacking in merit.
Apart from dismissing the motion, the court presided over by Justice Osatohanmwen Ayodele Obaseki, also ordered both the NFVCB and it’s CEO to pay the sum of N50, 000, 00, to Dr. Anjorin, who is the judgment creditor. in the suit marked NICN/ABJ/269/2019.
Dr. Anjorin had in 2019, dragged both NFVCB, it’s Executive Director/CEO, Alhaji Adedayo Thomas, over his unlawful sack and non-payment of salaries, allowance and other entitlements due gratuity and pension, while also ordered his reinstatement.
In deciding the suit, Justice Obaseki, had on December 15, 2023, nullified Dr. Anjorin’s unlawful sack, and made the following declarations: “a declaration that the dismissal of the claimant from the services of the NFVCB through a letter dated June 19, 2019 with reference No. FVCB/HQ/P.228/Vol.1/127 signed by F. O. Abua, NFVCB’s Director of Administration, is unlawful, null and void and of no effect in that the claimant was not given a fair hearing and the dismissal was done in contravention of the Public Service Rules.
“I declare that the dismissal of the Claimant by the second defendant and the Senior Management Committee without submitting the allegation against the Claimant to the Governing Board of the first defendant for proper trial to enable him present his defence before the Governing Board is unconstitutional, null and void and of no effect being in contravention of section 36 of the Constitution of Nigeria, 1999 as amended.
“I declare that the dismissal of the claimant from the services of the first defendant through publications placed on the Notice Board of the first defendant in Abuja on April 23, 2019 signed by F. O. Abua, Director of Administration of the first defendant and on the WhatsApp Platform of the first defendant on April 23, 2019 is unlawful, null and void and of no effect.
“I declare that the removal of the name of the claimant from the payroll of the defendant and the stoppage of his salary by the second defendant without the approval of the Governing Board of the first defendant since August 2018, and without being tried and found guilty of any misconduct is ultra vires the powers of the second defendant unconstitutional, null and void and of no effect.
“I declare that the withholding of the promotion of the claimant to the rank of Assistant Director Grade Level 15 in year 2018 by the defendants is unlawful, null and void.
“The letter of dismissal dated June 19, 2019 with reference No. FVCB/HQ/P.228/Vol.1/127 signed by F. O. Abua, Director of Administration of the first defendant is hereby set aside. The publication of the dismissal of the claimant from service placed on the notice board of the first defendant in Abuja and on the WhatsApp Platform on 23rd April, 2019 signed F. O. Abua, Director of Administration are hereby set aside.
“The decision of the second defendant removing the name of the claimant from the payroll of the first defendant and the stoppage of claimant’s salary by the defendants since August 2018 is set aside.
“The defendants are ordered to immediately release the 2018 promotion of the claimant to the position of Assistant Director Operations.
“The claimant is reinstated immediately as Assistant Director in the Department of Operations on Grade Level 15 with no loss of seniority, and with all the rights and privileges of the office.
“The defendants are ordered to immediately restore and pay the claimant all his salaries and allowances in the sum of N147,207.29, per month from August, 2018 till date; and also ordered to pay the salary difference accruing on his promotion in 2018 to Assistant Director Grade level 15.
“The defendants are ordered to pay the Claimant outstanding sum of N1.3 million, being the balance of his baggage and passage allowance and cost of instituting the suit.
“All sums are to be paid within 30 days. Thereafter any sum outstanding will attract interest at the rate of 15 percent per annum.
“An injunction is granted restraining the defendants, their servants and/or agents from preventing the claimant from performing the functions and duties as Assistant Director, Operations and/or from interfering with his enjoyment of the rights, privileges and benefits attached to the said office.
“An order is granted setting aside any further step or directive or order of the defendants that seek to interfere with or violate the Claimant’s right to his promotion, position, and office as Assistant Director, Operations.”
However, the judgment debtors, in a bid to stop the execution of the judgment, approached the court on December 23, 2023, with a motion foe stay and other accompanying processes, filed through their lawyer, M. O. Onyilokwu.
In the same vein, Dr. Anjorin equally filed a counter affidavit to the motion through his lawyer, Prof. J. O. Amupitan (SAN) leading Francis Nworah and Adegboyega Kolade, had urged the court to dismiss the judgment debtors motion for lacking im merit with substantial cost.
In dismissing the judgment debtors’ motion to stay the execution of the judgment, Justice Obasaki held that: “upon motion on notice dated 29 December, 2023 and filed on same day, coming up before this honourable court.
“And the court after hearing M. O. Onyilokwu, Esq. counsel for the judgment debtor/applicant, Francis Moses Nworah, Esq. counsel for the Judgment creditor/respondent. It is hereby Ordered this application is dismissed with costs of N50, 000, 00 in favour of the judgment creditor.”