Court dismisses wrongful termination suit against NCC, strikes out N5m defamation claim

Crime Diary

ABUJA, Nigeria (NPA) — The National Industrial Court sitting in Port Harcourt has dismissed a wrongful termination suit filed against the Nigerian Communications Commission (NCC) and two others by a former employee, Mr Thankgod, for lack of proof and jurisdiction over parts of the claims.

Delivering judgment, Justice Buhari Sani held that the claimant failed to establish the terms and conditions of his employment and therefore could not sustain his claims for wrongful termination, reinstatement and damages.

Mr Thankgod had approached the court seeking a declaration that the alleged termination of his appointment via SMS on January 2, 2023, was improper, illegal, unconstitutional and contrary to the principles of fair hearing.

The claimant argued that his appointment was wrongfully terminated without due process and alleged that the decision was maliciously instigated following accusations of theft levelled against him.

He sought several reliefs, including reinstatement, payment of accrued salaries and benefits, damages for malicious instigation, damages for defamation and compensation for breach of contract.

However, the NCC maintained that the termination of the claimant’s employment was based strictly on poor performance during his probationary period and not on allegations of misconduct.

Counsel to the commission argued that the allegation of malicious instigation was speculative and unsupported by evidence, noting that the termination notice did not state any reason for the dismissal.

The defence further contended that the claimant’s defamation suit was outside the jurisdiction of the National Industrial Court and urged the court to dismiss the case in its entirety.

In response, counsel to Mr Thankgod insisted that the NCC, Mr Tony Okpara and Mrs Venny Eze were proper parties in the matter and maintained that the claimant’s dismissal was influenced by allegations of theft made against him.

In his judgment, Justice Sani ruled that the claimant failed to plead and provide evidence of the specific terms of employment allegedly breached by the defendants.

The court also dismissed the claimant’s N5 million claim for malicious instigation against the Zonal Coordinator, holding that the evidence presented was based on hearsay.