Industrial Court Orders Modibbo University To Immediately Reinstate Abdulahi Sa’adu, Declines Payment Of Salary

The Presiding Judge, Yola Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Sanusi Kado has
nullified the dismissal of Abdullahi Sa’adu from the Modibbo Adama
University of Technology, ordered immediate reinstatement.

The Court held that the purported dismissal of Abdulahi’s based
on the report of the committee on academic staff abscondment was in
breach of the doctrine of natural justice, refused Abdulahi claim
for salary and other entitlements from June 2012 till date due to
lack of proof of resumption of duty after the expiration of his
study leave.

From facts, the claimant – Abdulahi Saidu had submitted that he
was employed by the University in 2007, and thereafter applied for
study leave, that he was unable to submit a progress report of his
program to his employer due to circumstances beyond his control and
he intimated his Head of Department.

In addition, he said he got a query on the status of his study
leave, the same day his salary was stopped which he replied.

He testified that he never stopped coming to work, that he
returned from studies around 2010 and wrote to the University about
his return but the letter was rejected by the Registrar’s office as
there was no certificate attached to the letter and the registrar
did not ask him to go back until he brings a certificate.

Further that in response to his letter, he was served with a
letter of dismissal from service dated 31st July 2018 based on the
report of the committee that he had violated study fellowship
regulations and the University conditions of service.

Abdullahi’s Counsel, Mohammed Abubakar, Esq argued that the
dismissal of Abdulahi based on the report of the Committee on
Academic Staff Abscondment not disciplinary panel is a breach of
the right to a fair hearing urged the Court to grant the reliefs
sought in the interest of justice.

In defence, the University on its part insisted that Abdulahi
was accorded fair hearing because he was queried and appeared
before the academic committee on abscondment and the committee
found him culpable and recommended his dismissal and the university
management approved the dismissal with effect from 21/6/2012 and
not 19/6/2018 as stated in the letter of dismissal, urged the court
to dismiss the entire claim of the claimant but grant the reliefs
sought in the counterclaim.

Delivering the Judgment after careful perusal of the submissions
of both counsel, the Presiding Judge, Justice Sanusi Kado held that
university cannot be faulted for stoppage of payment of Abdulahi
salary for being absent from work or refusal to return after
expiration of the period of study leave granted to him, and has
also not adduced any evidence of his salary and the other
entitlement.

However, the Court further held that Abdulahi never faced any
disciplinary panel set up by the council who has the power under
the Act to do so and no evidence that council set up a disciplinary
committee to investigate Abdulahi on the allegation of refusal to
resume duty after the expiration of the period of fellowship that
the dismissal of the Abdulahi did not follow the provisions of the
University Act, declared same as void and unconstitutional.

Lastly, the court dismissed the University’s counterclaims for
lacking merit.

The Presiding Judge, Yola Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Sanusi Kado has
nullified the dismissal of Abdullahi Sa’adu from the Modibbo Adama
University of Technology, ordered immediate reinstatement.

The Court held that the purported dismissal of Abdulahi’s based
on the report of the committee on academic staff abscondment was in
breach of the doctrine of natural justice, refused Abdulahi claim
for salary and other entitlements from June 2012 till date due to
lack of proof of resumption of duty after the expiration of his
study leave.

From facts, the claimant – Abdulahi Saidu had submitted that he
was employed by the University in 2007, and thereafter applied for
study leave, that he was unable to submit a progress report of his
program to his employer due to circumstances beyond his control and
he intimated his Head of Department.

In addition, he said he got a query on the status of his study
leave, the same day his salary was stopped which he replied.

He testified that he never stopped coming to work, that he
returned from studies around 2010 and wrote to the University about
his return but the letter was rejected by the Registrar’s office as
there was no certificate attached to the letter and the registrar
did not ask him to go back until he brings a certificate.

Further that in response to his letter, he was served with a
letter of dismissal from service dated 31st July 2018 based on the
report of the committee that he had violated study fellowship
regulations and the University conditions of service.

Abdullahi’s Counsel, Mohammed Abubakar, Esq argued that the
dismissal of Abdulahi based on the report of the Committee on
Academic Staff Abscondment not disciplinary panel is a breach of
the right to a fair hearing urged the Court to grant the reliefs
sought in the interest of justice.

In defence, the University on its part insisted that Abdulahi
was accorded fair hearing because he was queried and appeared
before the academic committee on abscondment and the committee
found him culpable and recommended his dismissal and the university
management approved the dismissal with effect from 21/6/2012 and
not 19/6/2018 as stated in the letter of dismissal, urged the court
to dismiss the entire claim of the claimant but grant the reliefs
sought in the counterclaim.

Delivering the Judgment after careful perusal of the submissions
of both counsel, the Presiding Judge, Justice Sanusi Kado held that
university cannot be faulted for stoppage of payment of Abdulahi
salary for being absent from work or refusal to return after
expiration of the period of study leave granted to him, and has
also not adduced any evidence of his salary and the other
entitlement.

However, the Court further held that Abdulahi never faced any
disciplinary panel set up by the council who has the power under
the Act to do so and no evidence that council set up a disciplinary
committee to investigate Abdulahi on the allegation of refusal to
resume duty after the expiration of the period of fellowship that
the dismissal of the Abdulahi did not follow the provisions of the
University Act, declared same as void and unconstitutional.

Lastly, the court dismissed the University’s counterclaims for
lacking merit.