Judiciary

Court okays WAEC officer’s dismissal over exam malpractice

  Dismissal Abuja, March 11, 2019 The National Industrial Court, Abuja, on Monday affirmed the dismissal of Mr Collins Uchechukwu, as West African Examinations Council (WAEC) exam officer. Uchechukwu was dismissed over his involvement in examination malpractice during  the November to December 1995 examination which he supervised. Justice Rakiya Haastrup, said that in determining the […]

Published

on

 

Dismissal

Abuja, March 11, 2019 The National Industrial Court, Abuja, on Monday affirmed the dismissal of Mr Collins Uchechukwu, as West African Examinations Council (WAEC) exam officer.

Uchechukwu was dismissed over his involvement in examination malpractice during  the November to December 1995 examination which he supervised.

Justice Rakiya Haastrup, said that in determining the case, the court adopted the sole issue distilled by the defendant (WAEC), in its written address.

According to the judge, the issue was whether the claimant had sufficiently proven his case based on the state of pleadings before the court to be entitled to the reliefs he sought.

Haastrup held that the evidence before the court tendered by the defendant, proved that the terms and conditions of employment of the claimant as contained in his offer of employment regulated his employment.

She added that however, the claimant from his entire evidence “seems to rely solely on his termination letter of employment, which is not what regulates his contract of employment.

“ It is trite law that where there is a valid contract agreement, parties are bound by the agreement, all its terms and conditions, and there should be no room for departure from what is stated thereon.” the judge held.

She also held that there was no evidence before the court brought by the claimant sufficient to support his claim that he was a bonafide staff of the defendant and was still entitled to salaries and allowances.

Haastrup further added that the claimant could not succeed in his relief to the effect that he was still a bonafide staff of the defendant, his employment having been terminated vide the letter of termination.

She equally said termination of employment by an employer cannot be wrongful, unless it was in breach of terms of contract.

“ All that is required by law is that notice shall be given or salary in lieu of notice, which the defendant complied with in this case.”

The judge concluded by saying that all the reliefs sought by the claimant in the suit, failed in its entirety and accordingly dismissed the suit.

The claimant’s counsel, Ezra Martins, had urged the court to declare that the claimant was a staff of the defendant and was entitled to salaries from 1996 till date to the tune of N240 million.

Martins also sought payment of N3million as cost of prosecuting the suit and N5 million as general damages.

The counsel in his submission said the claimant was dismissed based on allegations of examination practice and not for services no longer required as claimed by the defendant.

He also said in the letter of termination of his client’s employment, the defendant stated that his one month salary, gratuity and pension contributions will be given him, but he was never paid, except for month salary in lieu of notice.

edited by Sadiya Hamza

Glory Abuh-adejoh

Glory Abuh-adejoh: is a graduate and a professionally trained journalist, with experience in national news reporting/editing and verification at the News Agency of Nigeria. NNN is a media subscriber of the News Agency of Nigeria. NNN is a Nigerian online news portal that publishes breaking news in Nigeria, and across the world. Our journalists are honest, fair, accurate, thorough and courageous in gathering, reporting and interpreting news in the best interest of the public, because truth is the cornerstone of journalism and they strive diligently to ascertain the truth in every news report. Contact: editor[at]nnn.ng. Disclaimer.

Uzbekistan to implement 9-bln-USD projects in energy sector Daily life in Frankfurt amid COVID-19 pandemic India’s COVID-19 tally reaches 9,266,705 Mongolia’s COVID-19 infections top 700 Australian state warns of severe fire danger as temperatures soar 5.3-magnitude quake hits 110 km SE of Angoram, Papua New Guinea: USGS Mexico reports 10,335 new COVID-19 cases, 858 new deaths New Zealand’s annual goods trade surplus at 28-year high Transmission rate of COVID-19 reaches highest in LA County New Zealand reports new case of COVID-19 in managed isolation S. Korean president’s approval rating rises to 43.4 pct: poll Australian gov’t coronavirus payments saved 500,000 from housing affordability stress: report Interview: Ghana turns to citizens abroad to boost FDI, says official 4,979 new COVID-19 cases confirmed in Morocco S. Korea reports 583 more COVID-19 cases, 32,318 in total Libya reports 617 new COVID-19 cases, total nears 80,000 CPEC with vision of connectivity, openness: Pakistani PM United States personal income drops, consumer spending rises in October Mexico’s pandemic-hit economy could shrink nearly 9 pct in 2020: central bank India prepares cold storage equipment for COVID-19 vaccine United States Midwest state reports second-worst day amid COVID-19 pandemic Canadians urged to avoid non-essential outings as COVID-19 cases continue to rise Roundup: United States Q3 GDP growth unrevised in second estimate, recovery to slow down in Q4 Trump announces pardon for Flynn, former security adviser who lied to FBI (Sports Focus) Diego Maradona dead at 60 Fourth iteration of COVID-19 treatment trial underway in United States Three Italian restaurants earn two stars in new Michelin Guide, seven Chinese properties recognized European tourism industry sees partial recovery in summer United States Fed officials may offer new guidance for asset purchases “fairly soon”: minutes Pennsylvania court halts certification of election results Maradona was “the greatest of them all,” says Argentine president Amazon launches IP Accelerator in Europe to help small businesses protect brands Roundup: Italy, Naples mourn the death of Argentine football legend Maradona Cameroon targets creation of 500,000 jobs next year Brazil approves resumption of Boeing 737 MAX operations Bus, truck collide head on, killing 40 in SE Brazil Argentina declares 3 days of mourning for Maradona Timeline of Argentine football legend Maradona’s life 3 mln people across Syria need assistance in winter, warns UN official Saudi-led coalition intercepts bomb-laden boat in Red Sea United States sets new record for COVID-19 hospitalizations for 15th consecutive day Moldova’s COVID-19 cases surpass 100,000 UN urges Iraq to end violence against vulnerable people Roundup: Iran to import over 42 mln doses of vaccines as total COVID-19 cases near 900,000 Roundup: United States weekly jobless claims rise for second straight week amid surging COVID-19 cases AU, UNIDO, others urge African governments to harness AfCFTA’s economic opportunities Egypt condemns Israeli new settlement plans in East Jerusalem France preparing to levy “GAFA tax” for 2020 UN releases 25 mln USD for women-led projects battling gender-based violence Ishtaye urges international community to recognize Palestinian state