A National Industrial Court on Thursday ordered the reinstatement of Suleiman S. Fulani Ahmadu, a Permanent Secretary in the Sokoto state civil service.
The court also ordered the state government to pay Mr Ahmadu all his salary arrears to the tune of over N1.5m effective from the date of a purported compulsory retirement of the Permanent Secretary.
In his ruling, Justice Kiyahot Damlak, said the purported compulsory retirement of the Permanent Secretary by the Sokoto state Government on 28th August, 2018 was unconstitutional, unlawful, null and void and has no effect what so ever.
Justice Damlak ruled the reinstated Permanent Secretary should be allowed to complete his term of service between 15th August, 2018 to 23rd July, 2025 when he will be due to retire at 60 years.
The judge, who cited myriad of similar judgements by Supreme and other Higher Courts, also awarded a N100, 000 costs in favour of the Permanent Secretary.
The court also ordered the state government to serve another Permanent Secretary, Aminu Dikko for wrongful and unlawfully retirement from service.
Mr Damlak ruled the compulsory retirement of Dikko on the same day with Ahmadu was wrongful, null and void.
According to the judge: “Dikko was employed into the state civil service in October, 1983 and by his years in service, he is exactly 34 years 10 months with two months remaining for him to complete the 35 years in service when he will be due for retirement.”
The court further ordered the government to issue Mr Dikko proper retirement notice, adding he was wrongfully retired on the 28th August 2018 nearly 44 days to the date he would officially retire on the basis of years of service.
The court also ordered the state government to pay Mr Dikko salary for one month and 14 days covering 28 August 2018 to September 2018 which amounts to N474,609.00.
The court ordered that all the payments should be made to the applicants within 30 days from the date of judgment, failure of which will attract a 10percent charge and a N100,000 cost to each applicant.
It will be recalled Messrs Ahmadu and Dikko dragged Governor Aminu Waziri Tambuwal, State Head of Service and the Sokoto state civil service commission, challenging their wrongful retirement on August 28, 2018.
They among others, sought the Court to order their reinstatement as well as payment of N15 million for cost incurred in engaging the services of their solicitor as well N100 million each for subjecting them to the punitive, mental, pains, health and psychological trauma, among others which the Court refused to grant.