KEY POINTS
- The National Industrial Court dismissed Yisa Usman’s suit and upheld his dismissal by JAMB.
- The court ruled that due process and fair hearing were observed during the disciplinary proceedings.
- It found that his misconduct was proven and unrelated to his whistleblowing claims.
The National Industrial Court in Abuja has dismissed a suit filed by a former Deputy Director of the Joint Admissions and Matriculation Board, JAMB, Yisa Usman, challenging his dismissal from the agency.
The court held that his removal from service was lawful and in line with JAMB’s staff regulations, effectively affirming the decision of the examination body.
Usman was dismissed in July 2023 after a disciplinary committee set up by JAMB investigated allegations of misconduct against him, with the report later approved by the Minister of Education.
He later approached the court in September 2023, arguing that his dismissal was a form of victimisation linked to whistleblowing petitions he had filed alleging corruption within the organisation.
He also claimed he was denied a fair hearing and asked the court to reinstate him with full benefits.
JAMB, however, maintained that his petitions had been investigated and the organisation cleared, insisting that his dismissal resulted from misconduct and not whistleblowing activities.
Court rules on fair hearing and disciplinary process
Delivering judgment, the presiding judge, Osatohanmwen Obaseki-Osaghae, held that the disciplinary committee was properly constituted and approved in line with federal character principles.
The court found that the claimant was given adequate opportunity to respond to queries and attend committee proceedings but chose not to appear.
It further ruled that Usman was not denied fair hearing, noting that due process was followed throughout the disciplinary process.
The judge held that the misconduct attributed to Usman was serious and amounted to disobedience of constituted authority, which damaged trust between him and his employer.
She stated that JAMB had sufficiently justified the grounds for dismissal and ruled that the termination of his appointment was lawful and consistent with the agency’s staff manual.