Court Validates Amina Attah’s Employment With Council For Arts And Culture, Orders Payment Of Salaries From 2015 Till Date

His Lordship, Hon. Justice Oyebiola Oyewumi of the Abuja
judicial division of the National Industrial Court has declared
that the employment relationship between Amina Attah and the
National Council for Arts and Culture subsist, declared the
stoppage of Amina’s salary by the agency without a letter of
dismissal or disengagement as unlawful, null and void.

Justice Oyewumi ordered the National Council for Arts and
Culture to pay Amina Attah all her salaries and outstanding
allowance from November 2015 till date within 30 days.

From facts, the claimant- Amina Attah had submitted that she
appeared before a committee over an allegation of misconduct which
she denied and was never confronted with anyone over the said
allegation that she was not paid salary since November 2015 and
later got to know through the Account Unit that a confirmation from
the office of the Accountant General of Federation indicated a
suspension of her salary and to which only an admin officer has an
explanation that all effort towards the payment of her salary
proved abortive.

In defense, the defendant- National Council for Arts and Culture
averred that sometimes in the year 2014, due to the overblown size
of its workforce, a verification exercise was conducted and as a
result of which a report was issued which revealed that several
persons were illegally captured on its payroll.

The agency further contended that Amina was offered an
appointment by unauthorized staff without its approval as a result
of which he was issued a query and was also indicted by a
fact-finding committee set up in respect of misconduct, submitted
that Amina has failed to place sufficient evidence before the Court
to entitle her to the reliefs sought, urged the Court to dismiss
the case with substantial cost.

In opposition, the Amina counsel Iyaji Bisong Esq submitted that
the argument of the council that his client was employed by an
unauthorized person is laughable, averred that the reason for the
stoppage of her salary is shrouded in secrecy that the agency acted
in utter disregard of the procedures laid down in the Public
Service Rules PSR, urged the court to grant the reliefs sought.

Delivering judgment after careful evaluation of the submissions
of both parties, the presiding judge, Justice Oyebiola Oyewumi held
that the person that signed the employment letter issued to Amina
Attah acted on the agency directive that due process was followed
in Amina’s employment.

The Court held that Amina ought to be communicated about the
outcome of whatever disciplinary action taken against her and the
council failed to tender any evidence to prove the contrary.

Justice Oyewumi further held that the claimant cannot be deemed
to have constructive knowledge of her disengagement from the
service in the absence of any letter to that effect that the
defendant ought to communicate the claimant’s disengagement/
dismissal from service to her if any.

His Lordship, Hon. Justice Oyebiola Oyewumi of the Abuja
judicial division of the National Industrial Court has declared
that the employment relationship between Amina Attah and the
National Council for Arts and Culture subsist, declared the
stoppage of Amina’s salary by the agency without a letter of
dismissal or disengagement as unlawful, null and void.

Justice Oyewumi ordered the National Council for Arts and
Culture to pay Amina Attah all her salaries and outstanding
allowance from November 2015 till date within 30 days.

From facts, the claimant- Amina Attah had submitted that she
appeared before a committee over an allegation of misconduct which
she denied and was never confronted with anyone over the said
allegation that she was not paid salary since November 2015 and
later got to know through the Account Unit that a confirmation from
the office of the Accountant General of Federation indicated a
suspension of her salary and to which only an admin officer has an
explanation that all effort towards the payment of her salary
proved abortive.

In defense, the defendant- National Council for Arts and Culture
averred that sometimes in the year 2014, due to the overblown size
of its workforce, a verification exercise was conducted and as a
result of which a report was issued which revealed that several
persons were illegally captured on its payroll.

The agency further contended that Amina was offered an
appointment by unauthorized staff without its approval as a result
of which he was issued a query and was also indicted by a
fact-finding committee set up in respect of misconduct, submitted
that Amina has failed to place sufficient evidence before the Court
to entitle her to the reliefs sought, urged the Court to dismiss
the case with substantial cost.

In opposition, the Amina counsel Iyaji Bisong Esq submitted that
the argument of the council that his client was employed by an
unauthorized person is laughable, averred that the reason for the
stoppage of her salary is shrouded in secrecy that the agency acted
in utter disregard of the procedures laid down in the Public
Service Rules PSR, urged the court to grant the reliefs sought.

Delivering judgment after careful evaluation of the submissions
of both parties, the presiding judge, Justice Oyebiola Oyewumi held
that the person that signed the employment letter issued to Amina
Attah acted on the agency directive that due process was followed
in Amina’s employment.

The Court held that Amina ought to be communicated about the
outcome of whatever disciplinary action taken against her and the
council failed to tender any evidence to prove the contrary.

Justice Oyewumi further held that the claimant cannot be deemed
to have constructive knowledge of her disengagement from the
service in the absence of any letter to that effect that the
defendant ought to communicate the claimant’s disengagement/
dismissal from service to her if any.