Reported by: Oahimire Omone Precious | Edited by: Gabriel Osa
The National Industrial Court of Nigeria, Abuja Division, has ordered the reinstatement of Professor Monday Igwe as the Medical Director of the Federal Neuropsychiatric Hospital, Enugu, declaring the termination of his appointment unlawful, null and void. The judgment, delivered by Justice Emmanuel Subilim, marks a significant legal victory for the claimant and reinforces judicial scrutiny over statutory compliance in public sector appointments.
The ruling arose from a suit instituted by Professor Igwe against seven defendants, challenging the process and legality of his removal from office. Justice Subilim held that the claimant had successfully proved his case on the balance of probabilities, finding that the actions taken by the defendants in terminating his appointment were in clear violation of established laws and regulations governing his employment.
In a comprehensive verdict, the court nullified the purported termination of Professor Igwe’s appointment, describing the procedure adopted by the defendants as arbitrary, illegal, and fundamentally flawed. Justice Subilim ruled that the termination breached mandatory statutory provisions and regulations applicable to the appointment and removal of a medical director in a federal health institution. According to the court, strict adherence to these provisions is not optional but a legal obligation designed to safeguard due process and institutional integrity.
Beyond declaring the termination unlawful, the court also voided the appointment of Dr. Unaogu Nneka as the substantive Medical Director of the Federal Neuropsychiatric Hospital, Enugu, which was made during the pendency of the suit. Justice Subilim described that appointment as overreaching and unlawful, noting that it was carried out while the court was already seized of the matter. The judge emphasized that such actions undermine the authority of the court and offend established legal principles governing pending litigation.
Justice Subilim subsequently ordered the immediate reinstatement of Professor Igwe as Medical Director of the hospital. The court directed that he be allowed to resume office forthwith and to complete the unexpired portion of his tenure, quantified as three years and five months. The ruling effectively restores Professor Igwe to the position he held prior to his removal and affirms his legal right to serve out his full term as originally appointed.
In addressing the financial implications of the unlawful termination, the court ordered the defendants to pay all outstanding emoluments due to Professor Igwe from September 2023 up to the date of the judgment. Justice Subilim held that having found the termination null and void, the claimant was entitled to all salaries, allowances, and benefits that would have accrued to him had his appointment not been unlawfully disrupted.
The court further awarded damages in the sum of three million naira in favour of Professor Igwe and against the defendants. This award, the judge noted, was justified in light of the circumstances of the case, including the arbitrary nature of the termination and the distress and professional disruption suffered by the claimant as a result of the defendants’ actions.
In his reasoning, Justice Subilim underscored the importance of due process in employment matters within public institutions. He stressed that statutory procedures governing appointments and removals are designed to prevent abuse of power, ensure transparency, and protect office holders from arbitrary actions. The failure of the defendants to comply with these procedures, the court held, rendered their actions legally unsustainable.
The judgment also sends a broader message to public office holders and supervising authorities about the limits of administrative discretion. Justice Subilim cautioned that institutions must act within the confines of the law and respect ongoing judicial proceedings. Any attempt to circumvent due process or preempt the outcome of a pending case, the court warned, will attract judicial sanction.
Professor Igwe’s case attracted attention within the health sector and legal circles, as it touched on the governance of federal medical institutions and the security of tenure of their chief executives. Observers note that the ruling reinforces the principle that appointments in statutory bodies are protected by law and cannot be terminated at will without strict compliance with laid-down procedures.
Legal analysts say the decision aligns with established jurisprudence of the National Industrial Court, which has consistently emphasized fairness, legality, and adherence to statutory frameworks in employment disputes. By ordering reinstatement rather than damages alone, the court reaffirmed the position that where an employment enjoys statutory flavor, unlawful termination cannot be cured by monetary compensation.
The nullification of Dr. Unaogu Nneka’s appointment as substantive Medical Director during the pendency of the suit further highlights the court’s intolerance for actions taken in disregard of judicial processes. The ruling clarifies that once a matter is before the court, parties must refrain from steps that could prejudice the outcome or render the court’s eventual decision nugatory.
With the judgment now delivered, attention turns to compliance by the defendants. The court’s orders are clear and binding, requiring the immediate reinstatement of Professor Igwe, the payment of his outstanding emoluments, and the settlement of the damages awarded. Failure to comply could expose the defendants to further legal consequences, including contempt proceedings.
For Professor Igwe, the judgment represents both personal vindication and a restoration of professional standing. For public institutions, it serves as a reminder that the rule of law remains central to administrative action and that departures from statutory mandates will not withstand judicial scrutiny.
📩 Stone Reporters News | 🌍 stonereportersnews.com
✉️ info@stonereportersnews.com | 📘 Facebook: Stone Reporters | 🐦 X (Twitter): @StoneReportNew | 📸 Instagram: @stonereportersnews
Add comment
Comments