Court dismiss suit against NASS Service Commission

 The National Industrial Court on Tuesday in Abuja dismissed a suit filed against the National Assembly Service Commission by a former employee, Mr Chisa Ordi. Ordi had sued his former employer for alleged unlawful termination of his employment. Dismissing the suit, Justice Oluseun Shogbola said the issue for determination by the court was whether the defendants followed the procedures in terminating the claimant’s employment.

Shogbola held that the commission complied with the provisions of its conditions of service in terminating the employment of the claimant. She said the commission had the powers to terminate the employment of any of its officers found wanting in the discharge of his or her duties.

“Where a contract of employment is properly terminated, an employee cannot challenge such termination.
“Considering the evidence before this court, the claimant, who was employed as a clerical officer in 2004 on probation, had been issued several queries and warning letters. “It is my view that the termination of the employment of the claimant on April 19, 2006, was in accordance with the provisions of the commission’s rules and regulations and it therefore subsists,’’ Shogbola ruled.


The News Agency of Nigeria (NAN) recalls that during hearing in the case, the commission’s counsel, Mr Onyebuchi Obeta, had urged the court to dismiss the suit for want of merit. Obeta argued that the claimant was never confirmed because he failed to meet the criteria for confirmation of employment. He explained that the defendant followed the procedures contained in the commission’s condition of service in terminating the employment.

The counsel told the court that the claimant was served a letter of non-confirmation of appointment by the defendant before his appointment was terminated. But Mr Eric Apiah, the counsel to the claimant, argued that the evidence of the defendant could not be relied upon since it was based on hear-say. Apiah told the court that the officer, who gave the testimony, was not an employee of the defendant at the time. He also argued that the claimant was deemed to be a confirmed worker of the defendant since he exceeded the period of two years on probation.

Apiah, however, urged the court to grant all the reliefs sought by his client and expunge the submissions of the defendant. Ordi, who was employed in 2004 on GL 05, had dragged the commission to court for “illegally terminating his appointment’’ in 2006. (NAN)

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