Court orders reinstatement of Sokoto Perm Sec Compulsory retirement
The National Industrial Court, Sokoto State division, on Thursday ordered the reinstatement of a Permanent Secretary, Suleiman Sarkin-Fulani, who was compulsorily retired by the Sokoto State Government.
The court also directed payment of Sarkin-Fulani’s full entitlements.
Justice Kiyashot Demlak said the claimant had successfully proved his case of wrongful retirement based on legal arguments and presentation of required documents.
Mr Demlak said the defendant, Sokoto State Government, through its Counsel, Suleiman Usman (SAN), failed to prove the legality of its actions, bordering on the claimant’s alleged misconducts.
He ordered reinstatement of Sarkin-Fulani as well as payment of his stipulated entitlements, along with N100,000 as compensation.
Meanwhile, in the co-claimant in-suit and also Permanent Secretary, Aminu Dikko, who relied on Sarkin-Fulani’s submissions on compulsory retirement on August 15, 2018, Mr Demlak said Mr Dikko’s service year had ended, as few months remained on his service when the event occurred.
However, the judge nullified the compulsory retirement stand and ordered the state government to pay Mr Dikko’s stipulated entitlement and accord him all benefits of retirement.
Mr Demlak said preliminary objection and Disciplinary Committee instituted on the alleged misconduct by participating in political event and other offences could not stand and duly discountenanced.
The claimants, through their counsel, Bashir Jodi, had argued that their services were wrongfully terminated without any proven offence or reaching the mandatory age of 60 or 35 years in active service.
The claimants prayed the court to declare the notification of compulsory retirement served on them as unconstitutional, null and void.
They further demanded payment of all their entitlements, N15 million for constraint on engaging solicitors and the sum of N100 million each as punitive damages in view of emotional trauma they allegedly suffered.