Employment Termination: Court sets aside Asaba FCOE decision

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The Presiding Judge, Awka Judicial division of the National Industrial Court, Justice John Targema has set aside the decision of Federal College of Education Asaba to terminate the employment of Arc Joseph Ameh pending the determination of the motion on notice.

However, Justice Targema also put an order of mandatory injunction meant to compel the registrar, provost, and governing council of the institution to reinstate the name of the Arc Joseph in the payroll in abeyance mode pending the hearing and full determination of the motion on notice.

From facts, the claimant- Arc Joseph Ameh had submitted that the decision to terminate his employment was purportedly taken after the service and receipt of the complaint and motion for injunction filed against the institution.

He added that the Defendants/Respondents on being served with the substantive suit as well as the motion for interlocutory injunction brazenly decided to undermine and pre-empt the Court and had the hidden agenda to foist a fait accompli on the Honourable Court, urged the court to grant the injunction reliefs sought.

In opposition, the institution submitted that the letter of termination of Joseph Ameh’s appointment was prepared before filing the case but was not issued to him (claimant) very day the claimant managed to come to school that they did not plot to subvert, sabotage, undermine and foist a fait accompli on the Court.

Counsel to the institution, P.O. Ugbo with M.K. Umeana averred that Joseph Ameh had not discharged the very high standard of proof to be entitled to an order for mandatory injunction against the institution, that the Court must be circumspect and neutral by maintaining a balance between the parties and by desisting from making any issues that will finally determine the substantive case which will still be pending before it; urged the court to refuse the application in the interest of justice that claimant dismissal was in line with due process.

Delivering the ruling, the presiding judge, Justice John Targema held that the institution resorting to the termination of Joseph’s appointment after service of court processes on them was not the appropriate thing to do.

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