Court Sets Aside Appointment Termination Dr. Fadamana From Maritime Academy

The Presiding Judge, Uyo Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Mahmood Namatari has
set aside the purported contract termination of Dr. Fadamana Edet,
ordered Maritime Academy of Nigeria to pay him the sum of Five
Million, Eight Hundred and Sixty Nine Thousand, Six hundred and
Twenty-Four Naira as arrears, outstanding salary, and peculiar
allowance covering the period November 2018 to September 2019,
within 30 days.

The court held that the termination of the employment of Dr.
Fadamana is wrongful, null, and void for not being in compliance
with the terms and conditions of the contract of employment.

From facts, the claimant- Dr. Fadamana Edet had submitted that
the academy terminated his contract appointment 10 months before
its expiration without due process and averred that the purported
notice of termination issued on the 24th of October 2018 and made
to take effect on the day of November 2018, cannot be said to be a
month’s notice but only 8 days’ notice, urged the court to grant
the reliefs sought.

In defence, the academy averred that either party has the right
pursuant to the Contract Agreement to terminate the Appointment
that the institution not liable for Dr. Fadamana frivolous and
vexatious claims.

The academy counsel, E. E. OKONKWO Esq urged the Court to strike
out the name of the rector from the suit for no reasonable cause of
action and further that Dr. Fadamana has not placed any evidence to
prove that his contract of service was unlawfully terminated.

In opposition, Claimant’s learned counsel, Ita Okpoyo Esq with
Davies Davies Esq and Gregory Eton Esq submitted that Dr. Fadamana
Contract Appointment with the academy cannot be terminated in a
vacuum without conformity with the Public Service Rules and the
contract agreement, urged the court to award cost of N500,000.00
against the Defendants for the pains caused the Claimant.

Delivering the Judgment after careful perusal of the submissions
of both parties, the presiding Judge, Justice Mahmood Namtari
struck out the name of rector for failure to disclose any cause of
action against him and held that the appointment contract of Dr.
Fadamana is a fixed one for a term certain.

Lastly, the court also awarded the sum of One Million, One
Hundred, and Sixty-Two Thousand and Two Hundred and Sixteen Naira
against the academy for unlawful contract appointment
termination.

The Presiding Judge, Uyo Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Mahmood Namatari has
set aside the purported contract termination of Dr. Fadamana Edet,
ordered Maritime Academy of Nigeria to pay him the sum of Five
Million, Eight Hundred and Sixty Nine Thousand, Six hundred and
Twenty-Four Naira as arrears, outstanding salary, and peculiar
allowance covering the period November 2018 to September 2019,
within 30 days.

The court held that the termination of the employment of Dr.
Fadamana is wrongful, null, and void for not being in compliance
with the terms and conditions of the contract of employment.

From facts, the claimant- Dr. Fadamana Edet had submitted that
the academy terminated his contract appointment 10 months before
its expiration without due process and averred that the purported
notice of termination issued on the 24th of October 2018 and made
to take effect on the day of November 2018, cannot be said to be a
month’s notice but only 8 days’ notice, urged the court to grant
the reliefs sought.

In defence, the academy averred that either party has the right
pursuant to the Contract Agreement to terminate the Appointment
that the institution not liable for Dr. Fadamana frivolous and
vexatious claims.

The academy counsel, E. E. OKONKWO Esq urged the Court to strike
out the name of the rector from the suit for no reasonable cause of
action and further that Dr. Fadamana has not placed any evidence to
prove that his contract of service was unlawfully terminated.

In opposition, Claimant’s learned counsel, Ita Okpoyo Esq with
Davies Davies Esq and Gregory Eton Esq submitted that Dr. Fadamana
Contract Appointment with the academy cannot be terminated in a
vacuum without conformity with the Public Service Rules and the
contract agreement, urged the court to award cost of N500,000.00
against the Defendants for the pains caused the Claimant.

Delivering the Judgment after careful perusal of the submissions
of both parties, the presiding Judge, Justice Mahmood Namtari
struck out the name of rector for failure to disclose any cause of
action against him and held that the appointment contract of Dr.
Fadamana is a fixed one for a term certain.

Lastly, the court also awarded the sum of One Million, One
Hundred, and Sixty-Two Thousand and Two Hundred and Sixteen Naira
against the academy for unlawful contract appointment
termination.