The National Industrial Court has ordered the Kogi State Local Government Service Commission to recall a dismissed staff member, Munirat Idris.
The court also declared the dismissal of the claimant for allegedly presenting a fake certificate as unlawful.
Justice Oyebiola Oyewumi held that Idris was not given fair hearing as required by law before her dismissal.
The judge stated that the failure of the commission to consider the letters from the claimant’s educational institution addressed to it affirming the originality of her certificate was wrong.
She further held that it was the same certificate that formed the foundation upon which the claimant was dismissed.
The court, therefore, ordered Idris to be placed back in her former position in the commission and her salaries from the date of her dismissal till date should be paid.
Idris had contended that her dismissal by the commission was grossly unjust, unlawful, improper and wrong.
She submitted that the defendant dismissed her over alleged fake result, which her school affirmed its originality.
The claimant further submitted that all efforts to be reinstated proved abortive, hence the reason for her instituting the suit.
In defence, the commission urged the court to decline jurisdiction on the grounds that the case was instituted outside the three months permissible by the Public Officers (Protection) Law.
It argued that the cause of action arose in 2018, thereby making the suit statute-barred.
The defendant also averred that the said certificate was obtained after the claimant joined the commission.
It stated that the claimant was never at any time given a study leave to pursue any course.
The commission asserted that the alleged forged certificate was referred to the relevant committee and the claimant was given fair hearing before her dismissal.
The claimant in her submission, however, contended that she sought and obtained official approval before proceeding on the study.
Her counsel also stated that the suit was not status-barred and no documentary evidence of the committee’s proceedings was placed before the court to show that the claimant was ever served a query or even allowed to defend herself.
The court, after listening to both parties, dismissed the commission’s objections for lack of merit and affirmed the jurisdiction of the court to hear the matter.
Justice Oyewumi stated, “In view of the subsequent revelations, the defendant should not have proceeded to dismiss the claimant on the strength of Exhibit K.
“Exhibit Q5 and Q9 have boldly stated to be an error with attached transcripts of the claimant in proof of the fact that the claimant did attend the school and lawfully obtained the certificate in question.”
