On March 31, 2023, the National Industrial Court in Abuja, presided over by Justice Ayodele Obaseki Osaghae, issued a judgment ordering the immediate reinstatement of Mrs. Victoria Ayantuga, an Assistant General Manager at the Nigerian Social Insurance Trust Fund (NSITF), who had been wrongfully terminated from her position. Mrs. Ayantuga, along with some of her colleagues, had their employment terminated in an unlawful manner by NSITF management and the former Minister of Labor & Employment, Chris Ngige, in June 2021. This unjust dismissal led to a prolonged legal battle that ultimately ended in her favor.
The court ruled that the actions taken by NSITF management and the former minister in dismissing the staff were in violation of the Nigeria Social Insurance Trust Fund Act and Staff Conditions of Service. The court deemed these actions “unlawful, illegal, null and void, and of no effect whatsoever,” setting them aside.
Mrs. Ayantuga initiated the legal challenge in a suit filed on August 27, 2021, to contest her dismissal from the federal government agency. Justice Obaseki’s ruling emphasized that the facts presented by Mrs. Ayantuga, as documented in her supporting affidavit, were unchallenged by the defendants and, therefore, were accepted by the court as correct and valid.
Based on the evidence and facts presented during the legal proceedings, the court issued a clear and comprehensive judgment on March 31, 2023. The judgment included several key declarations:
1. Employment Status: The court declared that Mrs. Ayantuga’s employment with NSITF remained valid, and she was entitled to all her remuneration and entitlements from the organization.
2. Immediate Reinstatement: Mrs. Ayantuga was ordered to be immediately reinstated into the service of the Nigeria Social Insurance Trust Fund, at the appropriate rank/grade level she would have held had her employment not been wrongfully terminated. This reinstatement included all associated rights and privileges, with no loss of seniority, rank, or grade level. The court also directed that she be placed in the position of Deputy General Manager, as she would have been but for the unlawful interruption caused by NSITF’s termination of her employment.
3. Payment of Salaries and Allowances: NSITF was mandated to promptly pay Mrs. Ayantuga all her outstanding salaries, increments, and allowances from the date of her suspension in July 2020 until the execution of the court’s order.
4. Costs Awarded: The court also ordered NSITF to pay a cost of action amounting to N500,000.00 in favor of Mrs. Ayantuga.
Despite the court’s ruling, it was revealed that NSITF had not fully complied with the court’s order as of October 10, 2023. The Minister of Labor & Employment, Rt. Honourable Simon Lalong, took action upon assuming office, directing NSITF to comply with the court order on August 21, 2023. He emphasized the administration’s commitment to upholding the rule of law and ensuring that government institutions adhere to court orders.
While Mrs. Ayantuga was recalled on October 10, 2023, complete reinstatement to her position, payment of outstanding salaries, the preservation of her rank and seniority, and the payment of the cost of action were yet to be fully executed. Legal representatives continued to correspond with the appropriate offices to ensure full compliance with the court’s order and the minister’s directives.
The court’s ruling underscored that it is against international labor standards and best practices to terminate the employment of a performing staff without justifiable reasons. Furthermore, global employment standards no longer accept termination without cause. Mrs. Ayantuga, a certified accountant and certified public sector auditor who had received special recognition for her diligent work and contribution to the organization, was wrongfully dismissed. However, the court, as the last resort for justice, ruled in her favor.
For more details on this case, you can reference the official judgment on National Industrial Court of Nigeria website…