Court Nullifies Retirement Of Housing Authority Staff, Orders Immediate Reinstatement

His Lordship, Hon. Justice Olufunke Anuwe of the Abuja judicial
division of the National Industrial Court has nullified the
compulsory retirement of Alex Daniel from the Federal Housing
Authority, ordered his immediate reinstatement with payment of
outstanding salaries and other entitlements accruing to him since
2019 till date.

The Court held that Alex’s purported retirement was not lawfully
done, awarded the sum of One Hundred thousand against the Housing
Authority for the cost of action.

From facts, the claimant- Alex Daniel had submitted that by a
letter dated 24/9/2019, the agency informed him that the Board had
approved his compulsory retirement on the ground that his services
are no longer required and his account has been credited with the
payment of salary in lieu of notice which he rejected and also
returned the sum paid into his account through a bank draft.

His counsel, Nnaemeka Okeke Esq and Ishaku Garba Esq submitted
further that all queries issued to Alex were satisfactorily
answered and no criminal allegation has been proved against him,
that the agency failed to abide by the Federal Civil Service Rules,
and urged the court to nullify Alex retirement and grant other
reliefs sought.

In defence, the Housing Authority maintained that Alex was found
guilty of misconduct and dismissal was recommended but the
disciplinary committee chose to retire him instead and the decision
was duly approved that all actions were taken in accordance with
the Public Service Rules and the Agency Revised Staff Condition of
Service.

The agency Counsel B. J. Akomolafe Esq and D. A. Olowoniwa Esq
submitted further that Alex Daniel was retired on grounds of
redundancy because his services were no longer required urged the
court to dismiss the case for lacking merit.

Delivering Judgment, the presiding Judge, Justice Olufunke Anuwe
held that the submission of the Housing Authority was contradictory
and the provisions of the condition of service on termination,
retirement, and redundancy are different and all cannot be employed
at the same time to remove a single employee from employment.

“In any case, the retirement letter is clear as to what manner
the claimant was removed from the employment. There is nothing in
the retirement letter to suggest that the retirement of the
Claimant was on disciplinary grounds or grounds of redundancy as
alleged by Defendant.

“Consequently, I find no merit in the allegation of the Claimant
that the Defendant does not have the vires to discipline or retire
him. The fault I find however in this case is that the Claimant was
not retired on disciplinary grounds neither was the retirement
lawfully done.

His Lordship, Hon. Justice Olufunke Anuwe of the Abuja judicial
division of the National Industrial Court has nullified the
compulsory retirement of Alex Daniel from the Federal Housing
Authority, ordered his immediate reinstatement with payment of
outstanding salaries and other entitlements accruing to him since
2019 till date.

The Court held that Alex’s purported retirement was not lawfully
done, awarded the sum of One Hundred thousand against the Housing
Authority for the cost of action.

From facts, the claimant- Alex Daniel had submitted that by a
letter dated 24/9/2019, the agency informed him that the Board had
approved his compulsory retirement on the ground that his services
are no longer required and his account has been credited with the
payment of salary in lieu of notice which he rejected and also
returned the sum paid into his account through a bank draft.

His counsel, Nnaemeka Okeke Esq and Ishaku Garba Esq submitted
further that all queries issued to Alex were satisfactorily
answered and no criminal allegation has been proved against him,
that the agency failed to abide by the Federal Civil Service Rules,
and urged the court to nullify Alex retirement and grant other
reliefs sought.

In defence, the Housing Authority maintained that Alex was found
guilty of misconduct and dismissal was recommended but the
disciplinary committee chose to retire him instead and the decision
was duly approved that all actions were taken in accordance with
the Public Service Rules and the Agency Revised Staff Condition of
Service.

The agency Counsel B. J. Akomolafe Esq and D. A. Olowoniwa Esq
submitted further that Alex Daniel was retired on grounds of
redundancy because his services were no longer required urged the
court to dismiss the case for lacking merit.

Delivering Judgment, the presiding Judge, Justice Olufunke Anuwe
held that the submission of the Housing Authority was contradictory
and the provisions of the condition of service on termination,
retirement, and redundancy are different and all cannot be employed
at the same time to remove a single employee from employment.

“In any case, the retirement letter is clear as to what manner
the claimant was removed from the employment. There is nothing in
the retirement letter to suggest that the retirement of the
Claimant was on disciplinary grounds or grounds of redundancy as
alleged by Defendant.

“Consequently, I find no merit in the allegation of the Claimant
that the Defendant does not have the vires to discipline or retire
him. The fault I find however in this case is that the Claimant was
not retired on disciplinary grounds neither was the retirement
lawfully done.