Court Dismisses Sacked Deputy Director’s Suit Against JAMB, Confirmed Dismissal

Court Dismisses Sacked Deputy Director’s Suit Against JAMB, Confirmed Dismissal

The National Industrial Court in Abuja has dismissed a suit filed by a former Deputy Director of the Joint Admissions and Matriculation Board (JAMB), Yisa Usman, who challenged his dismissal from the examination body.

Delivering judgment on June 2, Justice Osatohanmwen Obaseki-Osaghae held that Usman’s removal from service was lawful, valid, and carried out in line with JAMB’s staff regulations.

The case stemmed from Usman’s dismissal in July 2023, following ministerial approval of the disciplinary committee's report investigating allegations of misconduct against him.

Usman, however, maintained that his dismissal was orchestrated as retaliation after he submitted whistleblowing petitions alleging corruption and misconduct within the organisation. He subsequently approached the court in September 2023, seeking an order to invalidate his dismissal and reinstate him with full benefits.

He also argued that he was denied a fair hearing, claiming that the disciplinary process was biased, especially since some members of the committee were among those he had petitioned to anti-graft agencies.

In its defence, JAMB insisted that the disciplinary process was properly conducted and that Usman’s allegations against the board had already been investigated and dismissed by relevant authorities.

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The agency further argued that Usman was not a whistleblower but “a self-serving individual whose stock in trade is blackmail,” adding that the disciplinary actions taken against him were based on misconduct unrelated to his petitions.

Delivering judgment, Justice Obaseki-Osaghae held that the composition of the disciplinary committee complied with the federal character principle, noting that it was duly approved by the Minister of Education.

She also observed that two members of the committee, the Registrar and the Director of Finance, voluntarily stepped aside before proceedings commenced.

On the issue of fair hearing, the court found that Usman was given an adequate opportunity to defend himself.

“The claimant was issued queries, and he responded accordingly. He was also invited to the committee’s meeting but chose not to appear,” the judge held.

Justice Obaseki-Osaghae further noted that his absence from the proceedings was a personal decision and could not be interpreted as a denial of fair hearing.

The court also rejected the argument that his dismissal was linked to whistleblowing activities, stating that the reasons for termination were clearly rooted in misconduct.

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From the totality of evidence presented, the court concluded that Usman’s actions amounted to gross misconduct.

“The misconduct of the claimant is grave and weighty. He wilfully disobeyed constituted authority,” the judge ruled.

She added that such conduct undermined the confidence placed in him by his employer.

“The claimant behaved as though he was his own boss, accountable only to himself,” she said, describing his conduct as incompatible with public service discipline.

In conclusion, the court held that JAMB had sufficiently justified the dismissal.

“I am satisfied that the defendant has established the reasons necessitating the claimant’s dismissal from service. I therefore hold that the dismissal was lawful and in compliance with the staff manual,” the judgment stated.

Unwana Asuquo 5 months ago
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