Industrial Court Nullifies Compulsory Retirement of Former Sharia Court of Appeal Chief Registrar, Mohammed Auta, Orders Re-Instatement And Payment of Salaries From Oct 2010 Till Date

His Lordship, Hon. Justice K. I. Amadi of the
National Industrial Court of Nigeria, Jos Judicial Division on
Thursday 31^st January 2019 in a judgment nullified and
set aside the compulsory retirement of MOHAMMED HADIS
AUTA (claimant) as issued by YOBE STATE JUDICIAL
SERVICE COMMISSION (Defendant), ordered claimant be
reinstated back to his employment as the Chief Registrar of Yobe
State Sharia Court of Appeal, and the defendant shall pay claimant
all salaries, emolument, and entitlements from the month of October
2010 to date as they fall due as a full staff of the defendant.

The claimant commenced this action by a writ of General Form of
Complaint dated the 7^th day of July 2015, sought
amongst others; A Declaration that the purported compulsory
retirement of the claimant by the Defendant is illegal, null and
void. A Declaration that the claimant not being accused nor tried
and found guilty of misconduct by any panel of investigation cannot
be found guilty of misconduct by the Defendant as this amounted to
an infringement of his right to fair hearing and fair trial. An
Order directing the payment of the claimant’s salaries, emolument,
and entitlements from the date of his purported retirement.

Likewise, An Order reinstating the claimant back to his
employment as Chief Registrar Yobe State Sharia Court of
Appeal.

From the statement of fact, the claimant was employed by the
Defendant on September 1, 1992, as a Magistrate Grade 1 and rose to
the rank of a Chief Registrar on the 29^th of
October, 2009 only for his substantive appointment as Chief
Registrar to be unilaterally designated to Acting Chief Registrar
on the 10^th of June, 2010 by the Defendant. That in
spite of his complaint against the re-designation of his
substantive appointment, the defendant redeployed him to the Sharia
Court division as Acting Chief Inspector on the
8^th of July, 2010.

That while serving as Acting Chief Inspector of the Sharia
Courts Division of Sharia Court of Appeal, he was served with a
letter inviting him to appear before an investigation panel on the
16^th August 2010, to assist the panel in its
assignment.

That he appeared before the investigation panel and objected to
the verification exercise and submitted his written objection. That
the panel without verifying the authenticity of the document
admitted among other things and overruled his objection.

That the panel went ahead wrote and submitted a report of its
verification exercise and the Defendant on its own found him guilty
of misconduct and compulsorily retired him from the services of the
Yobe State Judiciary, by a letter dated 8^th October
2010.

That aggrieved by the actions of the Defendant, he filed Suit on
the 18^th of October, 2010 at the High Court of
Justice, Damaturu; claimed for reinstatement amongst other reliefs
and judgment was declared in his favor on the
4^th of October, 2013,wherein the Defendant appealed
to the Court of Appeal, Jos.

The Court of Appeal on the 17^th June 2015, held
that with the effective date of the Constitutional amendment
reflected in Section 254(C) (1) being 4^th March
2011 and hearing in the case was commenced on
18^th April 2011; the judgment was delivered without
jurisdiction. As a result, the suit instituted by the Claimant at
the High Court was struck out for want of jurisdiction; which led
to this action.

On the other hand, the defendant stated that the claimant as the
Chief-Registrar cum chief accounting officer of the Yobe State
Sharia Court of Appeal was indicted in the disbursement of the
overhead cost for the month of June 2010 and 8 days salary in
respect of late Grand Khadi of Yobe State Sharia Court Appeal.

That the defendant in the discharge of its statutory functions
constituted a 4-member committee to verify the aforesaid
disbursement and the claimant was invited to appear before the
committee to enable discharge assignment. That when the claimant
appeared, he presented a preliminary objection on the competence of
the committee to undertake the assignment and the committee
delivered a well-considered ruling dismissing the objection.

That the findings of the panel of investigation established a
prima facie case against the claimant. The claimant was
compulsorily retired from the services of the defendant in its
94^thGeneral meeting of 7^th October 2010.
The defendant came to the conclusion to compulsorily retire the
claimant after having considered the report of a panel of
investigation for misconduct against the claimant.

Counsel submitted that the claimant cannot be heard to complain
of lack of fair hearing, that the rules of natural justice were not
breached and that the disciplinary panel followed the laid down
procedure.

Claimant urged the Honorable Court to hold that the appointment
of the Claimant as Chief Registrar remains continuous and
uninterrupted.

After careful analysis of all the processes filed, and the
submissions of the learned Counsel from both sides. The Court
presided by Hon. Justice K. I.
Amadi expressed thus;

“From the wordings and contents of the letter (investigation
panel), it is very clear that the claimant was not accused of any
misconduct. Even the further letter of August 9, 2010did not accuse
the claimant of any misconduct rather the investigation was for the
purpose of this verification only.

“In the absence of any accusation against the claimant before
the said panel, I hold that he was denied fair hearing, Even at
that, the report of the said panel never recommended the retirement
or punishment of the claimant.

“Worse still, the document purportedly verified is a mere sheet
of paper with written figures titled “Fund Disbursement for the
Month of June 2010 Over Head Cost”; it did not disclose its source,
origin or author. It was not dated and it was not signed by anybody
and It is settled that an undated document that is not signed
has no worth or value in law.

“For the reasons adduced above, I am inclined to nullify the
compulsory retirement of the claimant and I hereby nullify it and
declare same as null and void.”

In sum, the court declared null, void and set aside the
compulsory retirement of the claimant as conveyed by the notice of
compulsory retirement issued by the Defendant.

His Lordship ordered claimant be reinstated back to his
employment as the Chief Registrar of Yobe State Sharia Court of
Appeal, and the defendant shall pay claimant all salaries,
emolument, and entitlements from the month of October 2010 to the
date as they fall due as a full staff of the defendant.