The national industrial court in Abuja has dismissed the suit filed by Yisa Usman, a former deputy director of the Joint Admissions and Matriculation Board (JAMB), challenging his dismissal by the examination body.
Osatohanmwen Obaseki-Osaghae, the presiding judge, on June
2, held that Usman’s dismissal from JAMB was lawful and in compliance with the
staff manual.
THE CASE
In July 2023, Usman was dismissed from JAMB as a deputy
director following ministerial approval of the report of a disciplinary
committee set up to investigate his conduct.
The former deputy director claimed that his dismissal from
JAMB was as a result of witch-hunting after he filed whistleblowing petitions
against alleged misconduct and corruption in the agency.
In September 2023, Usman approached the industrial court
seeking an order declaring his dismissal as unlawful and unconstitutional.
Usman told the court that he was denied fair hearing by the
disciplinary committee that recommended his dismissal.
He added that his petitions to the anti-graft agencies were
against two members of the disciplinary committee.
The ex-deputy director asked the court to reinstate him to
his position with full entitlements, benefits, and perks.
However, in its defence, JAMB, through his counsel, said
Usman’s petitions to various government and security agencies were
investigated, leading to its management being cleared.
The examination body told the court that Usman “is not a
whistleblower but a self-serving individual whose stock in trade is blackmail”.
JAMB said the queries issued to Usman were a “fall out of
the petitions written by the claimant and his proxies to the federal ministry
of education”.
The body said the investigative committee cleared its board
and directed that Usman should be subjected to the disciplinary process.
THE JUDGMENT
According to the certified true copy of the judgment,
Obaseki-Osaghae held that she was satisfied that the composition of the
disciplinary committee reflected the federal character principle since it was
approved by the minister of education.
The judge said the two members of the disciplinary committee
— registrar and director of finance — recused themselves from the committee
before proceedings started.
She held that Usman was not denied fair hearing by the
disciplinary committee since he responded to the queries issued and was given
the opportunity to attend the committee’s meeting.
The judge said the dismissed deputy director decided not to
appear before the disciplinary committee based on his own choice.
Obaseki-Osaghae held that the reasons stated in Usman’s
dismissal letter was unrelated to his whistleblowing activities, adding that
the claimant even admitted that the anti-graft agencies cleared the board of
the allegations.
“From the totality of the evidence adduced, I find that the
misconduct of the claimant is grave and weighty. He wilfully disobeyed
constituted authority,” the judge said.
“This has eroded and undermined the confidence reposed in
him by the defendant to carry out his duties.
“This is the exact scenario that has played out in this
case. The claimant has grown too big to obey the defendant his master and
employer. The claimant behaved as if he was his own boss, accountable only to
himself.
“I am satisfied that the defendant has justified the reasons
that necessitated the dismissal of the claimant from its service. I hold that
the dismissal of the claimant was lawful and in compliance with the staff
manual.”
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