Court nullifies Abia Govt’s 2021 dismissal of civil servant over indigene status, orders reinstatement with benefits

The Presiding Judge of the Port Harcourt Judicial Division of the National Industrial Court, Hon. Justice Faustina Kola-Olalere, has declared the Abia State Civil Service Commission circular dated August 25, 2011, which purported to transfer Mrs. Anikwendu from the Abia State Civil Service on the grounds that she is not an indigene of the state, as discriminatory, unconstitutional, null, and void.

The Court ruled that the circular issued to effect Mrs. Anikwendu’s transfer contravened Section 42 of the 1999 Constitution of the Federal Republic of Nigeria.

Justice Kola-Olalere further held that Mrs. Anikwendu was not properly disengaged from the Abia State Civil Service Commission and that the disengagement failed to comply with the Abia State Government Public Service Rules.

According to the facts presented, the claimant, Mrs. Anikwendu, argued that her employment was unlawfully terminated. She also contended that the Abia State Universal Basic Education Board (ASUBEB), which issued her letter of disengagement, lacked the authority to do so.

Her counsel, Wisdom Chude Esq, maintained that the actions of the Governor of Abia State, the Abia State Civil Service Commission, and two other defendants in removing his client from employment based on her non-indigene status were unconstitutional.

He urged the Court to uphold Mrs. Anikwendu’s constitutional rights, declare the state’s actions illegal, and order her reinstatement with full payment of outstanding salaries and other entitlements.

In their defense, the Executive Governor of Abia State, the Abia State Civil Service Commission, ASUBEB, and the Attorney General of Abia State argued that the case was statute-barred under the Abia State Public Officers’ Protection Law, Limitation Law of Abia State, and the Limitation Law of Rivers State (1999). They urged the Court to dismiss the suit for being stale and incompetent.

The defendants also contended that Mrs. Anikwendu’s case could not rely on a claim of “continuing injury” since the permanent act of disengagement occurred in 2011, while the suit was only filed in 2024.

In response, the claimant’s counsel countered that limitation laws do not shield any public officer who acts outside the constitutional limits of their duties. He urged the Court to reject the objection, arguing it lacked merit.

Delivering judgment, Justice Kola-Olalere dismissed the objection, ruling that the actions of the Executive Governor of Abia State, the Civil Service Commission, ASUBEB, and the Attorney General were not protected by the cited limitation laws because they acted outside the scope of their official duties.

The Court held that the defendants’ actions were prima facie violations of Section 42 of the Constitution and were not taken in the execution of any lawful duty, policy, or authority.

Justice Kola-Olalere emphasized that Mrs. Anikwendu’s employment enjoyed statutory protection, and any termination must strictly comply with the Abia State Government Public Service Rules. The Court ruled that her disengagement was unlawful and thus nullified.

Accordingly, the Court ordered Mrs. Anikwendu’s reinstatement effective from the date of her disengagement and directed the defendants to pay her all accrued salaries and allowances from the time of the unlawful action.

Justice Kola-Olalere concluded:

“I hereby order that the defendants shall pay the total judgment sum, including the cost of this action, to the claimant within three months from today. If, after three months, the defendants still fail to fully pay the judgment sum, the judgment sum or any outstanding balance shall attract annual interest of 15% until the full amount is paid.”