Court Sets Aside Asaba Federal College Of Education Decision To Terminate Employment Of Arc Joseph Ameh

The Presiding Judge, Awka Judicial division of the National
Industrial Court, His Lordship, Hon. Justice John Targema has set
aside the decision of Federal College of Education Asaba to
terminate the employment of Arc Joseph Ameh pending the
determination of the motion on notice.

However, Justice Targema also put an order of mandatory
injunction meant to compel the registrar, provost, and governing
council of the institution to reinstate the name of the Arc Joseph
in the payroll in abeyance mode pending the hearing and full
determination of the motion on notice.

From facts, the claimant- Arc Joseph Ameh had submitted that the
decision to terminate his employment was purportedly taken after
the service and receipt of the complaint and motion for injunction
filed against the institution.

He added that the Defendants/Respondents on being served with
the substantive suit as well as the motion for interlocutory
injunction brazenly decided to undermine and pre-empt the Court and
had the hidden agenda to foist a fait accompli on the Honourable
Court, urged the court to grant the injunction reliefs sought.

In opposition, the institution submitted that the letter of
termination of Joseph Ameh appointment was prepared before filing
the case but was not issued to him (claimant) very day the claimant
managed to come to school that they did not plot to subvert,
sabotage, undermine and foist a faith accompli on the Court.

The counsel to the institution, P.O. Ugbo with M.K. Umeana
averred that Joseph Ameh has not discharged the very high standard
of proof to be entitled to an order for mandatory injunction
against the institution, that the Court must be circumspect and
neutral by maintaining a balance between the parties and by
desisting from making any issues that will finally determine the
substantive case which will still be pending before it; urged the
court to refuse the application in the interest of justice that
claimant dismissal was in line with due process.

Delivering the ruling, the presiding judge, Justice John Targema
held that the institution resorting to the termination of Joseph’s
appointment after service of court processes on them is not the
appropriate thing to do.

“The decision by the 1st to 4th defendants to terminate the
appointment of the claimant on 13th May 2020 after the 1st to 4th
defendants were served the complaint and motion on notice for an
interlocutory injunction (filed on 8th May 2020) on 11th May 2020
effectively snuffed life out of the claimant’s originating
processes; the res in this suit.” Justice Targema Ruled

The Presiding Judge, Awka Judicial division of the National
Industrial Court, His Lordship, Hon. Justice John Targema has set
aside the decision of Federal College of Education Asaba to
terminate the employment of Arc Joseph Ameh pending the
determination of the motion on notice.

However, Justice Targema also put an order of mandatory
injunction meant to compel the registrar, provost, and governing
council of the institution to reinstate the name of the Arc Joseph
in the payroll in abeyance mode pending the hearing and full
determination of the motion on notice.

From facts, the claimant- Arc Joseph Ameh had submitted that the
decision to terminate his employment was purportedly taken after
the service and receipt of the complaint and motion for injunction
filed against the institution.

He added that the Defendants/Respondents on being served with
the substantive suit as well as the motion for interlocutory
injunction brazenly decided to undermine and pre-empt the Court and
had the hidden agenda to foist a fait accompli on the Honourable
Court, urged the court to grant the injunction reliefs sought.

In opposition, the institution submitted that the letter of
termination of Joseph Ameh appointment was prepared before filing
the case but was not issued to him (claimant) very day the claimant
managed to come to school that they did not plot to subvert,
sabotage, undermine and foist a faith accompli on the Court.

The counsel to the institution, P.O. Ugbo with M.K. Umeana
averred that Joseph Ameh has not discharged the very high standard
of proof to be entitled to an order for mandatory injunction
against the institution, that the Court must be circumspect and
neutral by maintaining a balance between the parties and by
desisting from making any issues that will finally determine the
substantive case which will still be pending before it; urged the
court to refuse the application in the interest of justice that
claimant dismissal was in line with due process.

Delivering the ruling, the presiding judge, Justice John Targema
held that the institution resorting to the termination of Joseph’s
appointment after service of court processes on them is not the
appropriate thing to do.

“The decision by the 1st to 4th defendants to terminate the
appointment of the claimant on 13th May 2020 after the 1st to 4th
defendants were served the complaint and motion on notice for an
interlocutory injunction (filed on 8th May 2020) on 11th May 2020
effectively snuffed life out of the claimant’s originating
processes; the res in this suit.” Justice Targema Ruled