The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Sinmisola Adeniyi has nullified the purported dismissal of Kabir Sambo from Birnin Gwari Local Government Council; ordered his reinstatement with payment of salaries, allowances, and other entitlements from August 2016 till December 2021 within 1 month.
Justice Adeniyi held that Birnin Gwari Local Government Council and Kaduna State Local Government Service Board breached the laid down procedure of the State Public Service Rules in dismissing the Sambo from service.
From facts, the claimant- Kabir Sambo had submitted that he was employed as Refuse Supervisor by the Sabon Gari Local Government on 1st January 1986 that the committee purportedly set up by the Council on the allegation of abscondment from duty did not follow due process and his indictment and dismissal was illegal and unlawful, urged the court to grant the reliefs sought.
However, despite several hearing notices served on the Council and the Kaduna State Local Government Service Board, they failed to file any process in defense of the suit.
Delivering the judgment, the presiding Judge, Justice Sinmisola Adeniyi held that the uncontradicted evidence is that Birnin Gwari Local Government Council and the Kaduna State Local Government Service Board did not follow due process in dismissing the Kabir Sambo from his employment and was not given the opportunity to defend the allegation of absconding duties.
The court declared the dismissal of the Kabir Sambo for an indictment of which he was never queried and/or invited to appear before the disciplinary committee as unlawful, null and void, and of no effect.
